Booking Terms and Conditions

Please take the time to read and understand the Booking Terms and Conditions set out below prior to booking a journey with Amazing Kimberley. We strongly recommend that you also read the itinerary and any associated notes provided by Amazing Kimberley relating to your journey prior to booking to ensure that you understand the itinerary and style of the journey you are undertaking.

Our contract
All bookings are made with Amazing Kimberley (us/we). By booking a journey with us you are deemed to have agreed to these Booking Terms and Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.

Dates, itineraries and prices are valid from 01 April 2016 until 31 March 2020. Beyond 31 March 2020 dates, itineraries and prices are indicative only.

All prices are inclusive of 10% GST and are valid from 01 April 2016 to 31 March 2020. Amazing Kimberley reserves the right to alter these prices in the event of any unforeseen circumstances.

Cancellation by the traveller
If you cancel your booking, cancellation fees may apply. If Cancellation takes place with more than 48 hours 100% of the tour price will be refunded, less any cancellation fees charged by other providers. If Cancellation takes place with less than 48 hours notice there will be no refund unless otherwise decided at Amazing Kimberley’s discretion.

Cancellation by Amazing Kimberley
Amazing Kimberley reserves the right to cancel or postpone any tour at any time prior to departure if due to weather conditions, road conditions, natural disasters, mechanical defect cultural considerations or other external events it is not viable for us to operate the planned itinerary. If we cancel a trip you may choose between us applying the amounts paid toward an alternative trip or receiving a full refund. We are not responsible for any incidental expenses that you may have incurred as a result of your booking.

Changes to your journey
Although we take all reasonable steps to operate our journeys as planned, unforeseen circumstances or circumstances beyond our reasonable control mean that sometimes a journey can change. Changes can occur to the start and end date of a journey, the length of a journey, the advertised tour leader, accommodation, meals, modes of transport, activities and the route we take on a journey. We reserve the right to change any aspect of a journey as a result of unforeseen circumstances or circumstances beyond our reasonable control, which makes us unable to operate a journey as planned. In the event a change is made to any aspect of a journey as a result of unforeseen circumstances or circumstances beyond our reasonable control, any expenses that arise as a result of the change are payable by you. We are not responsible for any incidental expenses that you may have incurred as a result of your booking.

Optional Activities
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your Guide or local representative in arranging optional activities does not render us liable for them.

Limitation of liability
We contract with a network of companies, government agencies and individuals to assist in the running of our journeys as agent for these third parties. We are not responsible for the acts and omissions of these third parties.

To the fullest extent permitted by law:

Any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a journey, or any breach of the Booking Terms and Conditions, is excluded;
You release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a journey; and
Any condition or warranty that would otherwise be implied by law into these Booking Terms and Conditions (Implied Warranty), is excluded.

To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

Travel insurance
Amazing Kimberley strongly recommends all travellers take out travel insurance at the time of booking. At a minimum your travel insurance must provide cover against personal accident, death, medical expenses, emergency repatriation and personal liability, with a minimum coverage of US$200,000. We also strongly recommend it covers cancellation, curtailment and loss of luggage and personal effects.

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

Force majeure
If we are unable to perform or are delayed in performing an obligation under this agreement which is caused by or which arises or results from any cause outside our reasonable control which could not have been prevented or avoided by us taking all reasonable steps (a force majeure event), we will not be responsible for any loss or expense suffered or incurred by you as a result of, and to the extent that, we are unable to perform or are delayed in performing our obligations because of a force majeure event.

Errors & omissions
Although we have made a concerted attempt to verify the accuracy of statements made in our trip documentation including brochure, website and other associated notes supplied by us, we cannot be held responsible for any error, omission or unintentional misrepresentation that may occur.

Claims & complaints
If you have a complaint about your journey please inform your tour guide in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.

In the event that any term or condition contained in these Booking Term and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

Photos and marketing
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.

Privacy policy
Any personal information that we collect about you may be used for any purpose associated with the operation of a journey or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the journey but we will not sell or divulge your information to other marketing companies.

Applicable law
The laws of the Western Australia, Australia govern these Booking Terms and Conditions to the fullest extent allowable. Any disputes in connection with a journey or these Booking Terms and Conditions must be initiated in the courts of Western Australia, Australia.