Please be aware that you will be travelling to remote locations where you will be participating in guided and non-guided activities (i.e. walking and swimming). Mishaps can occur, you are required, before participating in the tour, to provide emergency contact details and acknowledge by signing this form that you have read, understood and accepted the conditions of travel.
1. Tours require minimum passenger numbers to operate. D’Guy Charters reserve the right to cancel any scheduled tour due to unforeseen circumstances (including force majeure, terrorism, natural disasters, political instability or other external events where it is not viable to undertake the tour) or minimum number requirements are not achieved.
2. A tour may be cancelled at any time up to 48 hours before the scheduled Departure Date.
3. Where D’Guy Charters cancels your tour or your tour is unable to depart as scheduled for any reason, D’Guy Charters reserves the right to:
(a) arrange for an alternative Departure Date, subject to availability; or
(b) provide a credit to you towards the cost of a replacement tour for your use at any time within two (2) years from the scheduled Departure Date, and subject also to availability; or
(c) arrange for a refund of any monies you have paid, less the reasonable expenses incurred by D’Guy Charters.
Third Party Suppliers
4. D’Guy Charters may partner with third (3rd) party suppliers to provide tours and experiences. In the event a third party supplier cancels an event, D’Guy Charters is not responsible for any such cancellation and shall not be liable for any claim, loss costs or expenses that may arise due to that cancellation. D’Guy Charters recommends that you read the third party’s applicable terms and conditions which may, and are likely to, differ from D’Guy Charters Terms and Conditions.
5. In the event that you wish to cancel your tour, you must immediately inform D’Guy Charters in writing. Cancellation will take effect upon receipt of written confirmation of your cancellation from D’Guy Charters. The following cancellation provisions will apply:
(a) Where your cancellation is confirmed more than 7 days prior to the scheduled Departure Date – a full refund of monies paid to the date of cancellation will be made, less the reasonable expenses incurred by D’Guy Charters;
(b) Where your cancellation is confirmed within 7 days, but greater than 72 hours, of the scheduled Departure Date – the deposit is forfeited, and where the costs (including not being able to replace your position in the tour) incurred by D’Guy Charters due to the cancellation exceed the deposit, such costs shall be payable by you; or
(c) Where your cancellation is confirmed within 72 hours of the scheduled Departure Date - the deposit is forfeited, and where the costs (including not being able to replace your position in the tour) incurred by D’Guy Charters due to the cancellation exceed the deposit, such costs shall be payable by you provided that in any event, you will be liable for no less than 25% of the tour fee as a debt due and payable to D’Guy Charters;
6. It is your responsibility to ensure that you arrive in time for the departure of your tour. A failure to arrive on time for departure of your tour may result, at the sole discretion of D’Guy Charters, in the tour leaving without you. Associated transfer costs to meet up with the tour will be at your own expense. D’Guy Charters will not be liable for any costs, including out-of-pocket expenses, incurred by you. D’Guy Charters shall have no obligation to refund the costs of the tour or any portion thereof that you may have missed. For the avoidance of doubt, failure to join the tour will result in the forfeiture of all monies you have paid for the tour.
7. D’Guy Charters is not liable for any incidental expenses incurred by you as a result of your tour being cancelled including but not limited to visas, travel insurance excess or non-refundable flights, delay, alteration or curtailment of any tour.
8. In the event that you wish to defer your tour Departure Date, you must immediately inform D’Guy Charters in writing. Deferment will be at the complete discretion of D’Guy Charters. Deferment will take effect upon receipt of written confirmation by:
(a) D’Guy Charters of your notice to defer; and
(b) D’Guy Charters’s written consent to the requested deferment.
9. Should D’Guy Charters consent to the deferment of your tour Departure Date, the provisions of clause 5(a) to (c) shall apply.
10. Due to the time it takes to the process all refunds, please allow up to 7 days fora refund to be actioned. Refund requests must be received in writing. Most refunds take anywhere between 3 – 5 business days to be received. Refunds can only be processed back to the original mode of payment and in the case of credit cards, will go back on to the same credit card. Refunds cannot be given in any other way the they were received. Refunds exclude booking fees.
DEPOSIT AND FINAL PAYMENT
11. Full payment is required to confirm a tour unless specified or alternative arrangements have been made by agreement with D’Guy Charters. Failure to adhere to the payment policy may result in cancellation of your booking.
12. For the purposes of these terms & conditions, "force majeure" means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, 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 on 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 D’Guy Charters’ services beyond its control.
COVID-19(or other pandemic)
13. Where a tour is cancelled or is unable to proceed due to any COVID-19 (or any other pandemic) restrictions (imposed by Government or any other authorizing body) or such restrictions are either not removed as expected, extended, or re-imposed, D’GuyCharters will use its best endeavors to contact you about your tour. In such circumstances D’Guy Charters will consider its options in relation to a replacement tour, and, in its sole discretion, may offer to you:
(a) a transfer to an alternative Departure Date, subject to availability;
(b) a credit for the original value paid by you for the tour which credit will be transferable to another person and valid for two (2) years, provided that:
(i) additional costs may apply for tours in future years in accordance with D’Guy Charters’ fare schedule, and such additional costs shall be payable; and
(ii) credit is not redeemable for cash
(c) a full refund of any monies paid less the reasonable costs incurred by D’GuyCharters.
14. If you contract COVID-19 (or any other pandemic virus or disease) within 30 days of the scheduled Departure Date of the tour, you must notify D’Guy Charters in writing. In such circumstances, you (and any other person cancelling as part of the booking) will not be able to and will not be granted permission to undertake the tour and you will be offered a transfer to an alternative tour departure date, subject to availability, at the absolute discretion of D’Guy Charters. Where you refuse a transfer to an alternative tour departure date, it will be deemed that you have cancelled your tour and the provisions of paragraph 5 above will apply.
15. To ensure that you and our tour guides remain safe during any pandemic, you must adhere to all social distancing requirements and hygiene standards as implemented by D’Guy Charters from time to time. You may be required to undertake a temperature test via a non-contact thermometer and/or any other test that is available prior to commencing the tour and at any time during the tour.
16. Where you present with an elevated temperature, COVID-19 symptoms or any other communicable disease or virus (whether you are aware of the condition or not), D’GuyCharters has the right, at its sole discretion, to:
(a) refuse to take you on the tour.
(b) request that you wear a face mask or other protective equipment for the safety of those around you and you agree that this request is fair and reasonable; or
(c) request that you leave the tour at the earliest possible and safest opportunity for the safety of those around you and you shall accede to this requirement without complaint.
Where paragraphs (a) and (c) apply, your tour will be deemed to have been cancelled by you and paragraph 5(c) above will apply. All out of pocket expenses (transport, transfer or alternate accommodation) as a consequence of leaving the tour will be at your own expense. You shall not be entitled to any refund on monies paid by you to D’Guy Charters under these circumstances.
17. If you present with an elevated temperature, COVID-19 symptoms or any other communicable disease or virus and get tested where the results of the tests are negative, D’Guy Charters reserves the right to allow or refuse you to join or re-join the tour. Where D’Guy Charters has refused you to join the tour, your tour will be deemed to have been cancelled by you and paragraph 5(c) above will apply. D’Guy Charters will not be liable for any out-of-pocket expenses incurred by you or refund any portion of the tour that you may have missed.
18. You shall comply with all vaccination or testing requirements and or directions by:
(a) the Government (Federal and State);
(b) Western Australian health authorities; or
(c) D’Guy Charters,
in relation to COVID-19 (or any other disease or virus) for entry into and withinWestern Australia or to access D’Guy Charters’ premises, event, tours or services.
19. All guests booked to travel with D’Guy Charters will be required to be fully vaccinated for travel from 1 February 2022. Proof of vaccination may be required prior to entry to D’GuyCharters’ premises or participation in D’GuyCharters’ tours, at D’Guy Charters’ absolute discretion. Where there is any inconsistency between the date specified in this paragraph for vaccination and any requirement or direction issued by the Government (Federal or State) or Western Australian health authorities, any such requirement or direction issued by the Government(Federal or State) or Western Australian health authorities will prevail.
20. You must adhere to all reasonable and lawful requests of D’Guy Charters, including but not limited to social distancing requirements and hygiene standards. You may be required to undertake a temperature test via a non-contact thermometer and or a COVID-19 test prior to commencing the tour and at any time during the tour. If a non-satisfactory result is returned or you refuse to comply withD’Guy Charters' requests, D’Guy Charters is able to refuse entry to D’Guy Charters' premises or cancel the tour (including in circumstances where the tour has already commenced). All out of pocket expenses incurred by you as a consequence will be at your own expense. You shall not be entitled to any refund of any monies paid by you to D’Guy Charters under these circumstances.
21. Where you are unable to meet any vaccination or testing requirements and or directions referred to in paragraphs 18 to 20 above (including where any such requirements and or directions are introduced subsequent to your booking), D’Guy Charters reserves the right to decline the booking, cancel the booking or refuse entry or participation in D’Guy Charters' premises, event or service at D’Guy Charters’ absolute discretion and at your sole cost.
22. Where you are unable to proceed with your booking due to travel restrictions other than vaccination or testing requirements, the cancellation fees set out in paragraph 5 above apply.
23. Where the conditions in paragraphs 5 to 22 above apply, you release and indemnify D’Guy Charters from any liability, loss or damage, of any nature, that may occur to D’Guy Charters or any other person, including but not limited to persons departing on the same tour. Such liability, loss or damage may include, but is not limited to, all costs, losses and expenditures arising from the cancellation of the tour or any activity, serious illness or death of any other person or where other persons cancel their tour. The above provisions do not affect but are supplemental to any force majeure terms set out in these terms and conditions.
24. Itinerary times shown in information supplied by D’Guy Charters are indicative only and not guaranteed. D’Guy Charters are not able to guarantee exact arrival and departure times and are not liable for any failure to make connections with any other service. A change in itinerary does not constitute a cancellation of the tour.
25. Tours routes may vary due to track or road conditions or where determined necessary at the discretion of D’Guy Charters or the tour leader. D’Guy Charters may without notice vary or substitute locations, transport, accommodation or tour times.
26. Any variations and substitutions to the tour itinerary does not constitute a cancellation of the tour and no refunds will be given in these circumstances or in the event of any delay, curtailment or alteration of a tour resulting from any cause beyond D’Guy’s control, including but not limited to severe weather conditions. Components of the tour are weather dependant and D’Guy Charters cannot be held liable if tour components are not available on the day of travel. D’Guy accept no responsibility for loss or damage to personal belongings or baggage.
27. Travel Insurance is NOT included in the tour fare. Travel Insurance is compulsory and it is your responsibility to arrange for comprehensive travel insurance that includes cover for all costs associated with your tour, including, but not limited to, evacuation, medical expenses, loss of luggage, loss during the tour or any other charges relating to air fare, accommodation or any other loss or expenses that may be incurred due to cancellation, delay, impossibility of performance or departure from the tour once commenced. You are responsible for all costs associated with your travel insurance.
28. D’GuyCharters reserves the right to:
(a) request confirmation that you have travel insurance;
(b) request a copy of a certificate of currency for the travel insurance; and
(c) refuse passage to you if you have not obtained travel insurance as of the date of the tour and, in such circumstances, you shall forfeit all monies paid to D’Guy Charters for the tour.
29. You agree to act and behave responsibly and follow the lawful directions of D’Guy Charters’ employees, contractors, agents, servants or representatives.
30. You agree that D’Guy Charters has the absolute discretion and the right to request, and you will accede to the request, that you leave the tour if you demonstrate any form of behaviour that impacts negatively on, or may affect the safety of, the other guests on the tour or any employees, agents, contractors, servants or representatives of D’Guy Charters.
31. You will notify D’Guy Charters if, at any time during the 7 days before the commencement of the tour or during the tour itself, you have felt or feel unwell or if you presented or are presenting with an elevated temperature, COVID-19symptoms or of any other communicable disease or virus.
32. You will notify D’Guy Charters of any medical or dietary requirements or if you are on any medication for any medical condition or if you may require specialised medical attention in any circumstance.
33. Whilst every precaution will be taken for the safety of guests, to the extent permitted by law, no liability of any kind whatsoever will be taken or accepted in the event of death, accident, injury, loss or damage to person and or property or any costs, including costs of emergency evacuation on the tours. This exclusion of liability shall apply to and be for the benefit of D’Guy Charters, its employees, agents, servants, contractors and representatives. Without limiting the ambit or scope of the exclusion of liability expressed in this paragraph, D’Guy Charters, its employees, agents, servants, contractors and representatives shall not be liable for any death, injury, accident, damage or costs to a person arising out of:
(a) any walking or rock walking during the tour and any like activities that are undertaken at your own risk;
(b) any swimming, snorkelling or bathing in any waters during the tour and any like activities that are undertaken at your own risk;
(c) any air travel or travel on watercraft during the tour, as part of or incidental to the tour; and
(d) any travel in any motor vehicle during the tour, as part of or incidental to the tour.
By booking with D’Guy Charters, I accept the Conditions of Travel.