Terms & Conditions

Tracks Birding & Photography Tours (ABN 37687246830)

Laurie Ross – 0476110084 / [email protected] / www.laurieross.com.au / www.tracksbirding.com.au

I will try to inspire the conservation of Australia’s Native Wildlife, Natural resources, National Parks and promote awareness and appreciation of the natural beauty through my birding & photography tours and my photography website (www.laurieross.com.au)

BOOKING and CANCELLATION POLICY : Extended tours and workshop bookings may be made with Tracks Birding by phone, email or through my website www.tracksbirding.com.au. To confirm an extended tour booking we require a deposit of 20% of the total within 7 days of booking. The balance must be paid in full 90 days prior to departure. Bookings made within 90 days of travel must be paid for in full upon confirmation. Tracks Birding accepts payment by direct deposit (bank transfer; please see bank details on invoice). Notice of cancellation must be made in writing directly to Tracks Birding. Cancellation occurring more than 90 days prior to departure incurs a 20% fee, i.e. no deposit refunded. Cancellation occurring within 90 days prior to departure will incur a fee of 75% of total, i.e. 25% refund will be made. Tracks Birding may, at its option, cancel any booking in relation to which a final payment has not been made within the specified time. The cancellation fees specified above will be payable by the passenger. In the rare event that weather, Aboriginal cultural, road or other conditions necessitate a change to the itinerary or the cancelling of a tour, regrettably no refund will be given. A comprehensive Travel Insurance Policy is strongly advised to cover these situations. Tour may be able to be rescheduled depending on the circumstances, availability and at the discretion of Tracks Birding. In the rare event that a tour is cancelled by Tracks Birding for any unforeseeable circumstances not listed above a full refund will be given. There are no refunds once travel has commenced or for any unused services. Failure to board constitutes No Refund.

EXCLUSIONS : Airfares, Airport Taxes, Accommodation that is not listed in the itinerary (The night before commencement & last night of tour), Internet charges, Phone Calls, Laundry, Passport & Visa Fees, Food & Drinks not stated in the itinerary, Alcoholic Beverages, Excess Baggage, Personal Shopping, Gratitudes.

OUR SERVICE : Tracks Birding through the information on our website aims to publish the most accurate, up-to-date information possible regarding costs, dates and times of the tours listed; this information is bound to change frequently. While Tracks Birding undertakes all efforts to update operator information as they occur this is not always possible as quickly as we would like. We therefore cannot guarantee the accuracy of this material and suggest that you use it as a guide only in making your selection.

TOUR VARIATIONS : Tracks Birding reserves the right to alter the itinerary, hotel used,route or arrange alternative carriers of any of its tours if unforeseen circumstances beyond our control, e.g. road and weather conditions, Aboriginal cultural reasons etc. make it necessary. Should an alteration be necessary we will give you reasonable notice thereof and where available, offer you a comparable alternative. Any personal expense incurred by a passenger as a result of any delay, curtailment or alteration of any tour is the responsibility of the passenger. In the case of breakdown or other unforeseen circumstances, the operator reserves the right to substitute vehicles other than specified, to ensure the operation of a tour.

GROUP SIZE / SUB TOURS : Tracks Birding guarantees a maximum group size of 4 passengers. This does not include any sub-tour that may be included in the program, i.e. boat cruises, where there may be more than four passengers participating.

LIABILITY and SAFETY ADVICE :  I have carefully read and accept the Terms and Conditions and the Cancellation Policy provided herein. Laurie Ross and/or Tracks Birding gives notice that it is only an agent to the owners and suppliers providing accommodations and guest services in those establishments. Laurie Ross and/or Tracks Birding assumes no responsibility for any delay, mishap, inconvenience, expense, claims, losses, damages or expenses caused by anything including but not limited to personal injury, death, accident, emotional or nervous disorder, delay, property loss or damage, injury or death or damage to property occasioned through acts of nature, detention, weather, quarantines, strikes or civil disturbances which occurs during any such activity. I. Laurie Ross and/or Tracks Birding reserves the right to alter the itinerary and/or substitute vessels, hotels and transportation when deemed necessary or advisable in order to successfully operate the trip. I/we acknowledge that during a trip to a destination such as this and on a tour of this nature, certain risks and dangers may be involved, including but not limited to riverboat travel, hiking over slippery, muddy trails and rocky trails and underdeveloped areas, the forces of nature, and accident or illness in remote areas without means of rapid evacuation or availability of medical supplies and facilities. I am voluntarily participating in these activities with the knowledge of the element of risk dangers involved and hereby agree to assume any and all risks, including injury and death. I acknowledge that the enjoyment of a trip of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment, being a reason for my participation. I understand that many risks are beyond the control of Laurie Ross and/or Tracks Birding. I therefore release and discharge (and will not make a claim against) Laurie Ross and/or Tracks Birding and its owners, agents, employees, heirs and contractors, for bodily injury, death, property damage resulting from negligence or any cause during or after participating on this tour. This release of liability is entered into on behalf of all members of my family. I certify that I have read the Terms and Conditions as well as the Release of Liability section and that am over 18 years of age. I understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

Tracks Birding advise that all tour activities involve inherent risk of injury or death, and that by participation in the activity provided by Tracks Birding and third parties the passenger expressly assumes those risks personally and are releasing Tracks Birding and its contractors from any liability for claims, losses, damages or expenses caused by anything including but not limited to personal injury, death, accident, emotional or nervous disorder, delay, property loss or damage which occurs during any such activity. By participating in this tour the passenger gives consent to receive medical treatment in the case of injury, accident or illness during the activity and to indemnify Tracks Birding in respect of this treatment.

NORTHERN TERRITORY WEATHER INFORMATION : Average daily maximum temperatures are 34 degrees Celsius in coastal regions and 3 to 6 degrees C above this inland. Extreme heat, humidity, rain and flooding may be expected from October to April. Relatively cold nightly temperatures may be experienced from May to September with temperatures of 10-15 degrees C common. If climatic factors become a problem on tour the itinerary may be adjusted to suit comfort levels.

PHYSICAL ACTIVITY : By participating on our tour you confirm that you are physically and mentally fit and suffer no medical condition which may be aggravated by any activity, e.g. bush walking, etc. on our tour. Guests with disabilities are welcome on private charters and every effort is made to ensure the best possible experience within ones limitations. It is essential to advise Tracks Birding of such limitations so the tour can be planned accordingly.

FOOD & DIETARY REQUIREMENTS : Dietary requirements including medical, religious or personal taste reasons must be made known to us in writing at least 30 days prior to your tour.

WHAT TO BRING : Some recommendations on what to bring include: Broad-brimmed Hat, Long-sleeved light clothing for sun and insect protection, Comfortable sneakers or walking shoes, binoculars (for personal preference, otherwise we are able to provide you with a pair to use for the duration of your tour) Camera Gear.

LAWS, RULES, CUSTOMS, ETIQUETTE and REMOVAL FROM TOUR : By participating on an Tracks Birding Tour each passenger agrees they will comply with the relevant Federal, Territory, local and common laws, local rules, restrictions, customs, etiquette and moral standards whilst on tour. Tours are non-smoking for the comfort of fellow passengers and respect for the environment. Tracks Birdings and their sub-tour operators reserve the right in their absolute discretion to accept or decline a reservation or to remove any passenger from a tour at any time including after commencement of the tour.

BIRDWATCHING ETHICS : The welfare of the birds and environment always comes first. By participating on an Tracks Birding Tour, each guest agrees to accept the guide’s discretion and direction to avoid causing any negative impact on the birds they are watching and their habitat.

PARTICIPATION IN PROMOTIONAL MATERIAL AND PHOTOGRAPHS : Tracks Birding and their providers reserve the right to take photographs or videos of passengers during the operation of any tour or part thereof, and to use the resulting images for promotional purposes. Passengers who prefer that their image not be used must identify themselves to their guide at the commencement of the tour.

TRAVEL INSURANCE : Tracks Birding strongly encourage all passengers to purchase a comprehensive travel insurance policy to cover items including but not limited to cancellation, medical expenses, personal accident, personal baggage, money and public liability.

COMPLAINT PROCEDURES : In the unlikely event of any dissatisfaction with any service provided by us, you must report it immediately to the tour guide so that action can be taken to remedy the problem. Any complaint made to us after the tour should be made in writing within 28 days of tour completion. Provided that your complaint is not frivolous or vexatious, we will endeavour to respond as soon as reasonably practicable, but in any event, within 28 days.

CHANGE OF AGREEMENT : Tracks Birding reserves the right to change any term of this Agreement at any time however we will notify you via email of any change no later than when it becomes effective.

COPYRIGHT : Use of any photographs, images, logos & artwork are the property of Tracks Birding unless otherwise acknowledged in writing and cannot be used by any other individual or group of people without written consent and acknowledgment when used.

AGREEMENT : By making a booking on a tour, passengers agree that they have read these terms and conditions and agree to be bound by them and to all other terms and conditions notified to them from time to time.