BOOKING TERMS & CONDITIONS

The following terms and conditions apply to tours booked and carried out by Alliana Pty Ltd trading as Exceptional Kangaroo Island (Exceptional KI), except as may be now varied in the tour confirmation issued by Exceptional KI. 

Traveller responsibilities:
In booking a tour the traveller: 

  • must prepare for the tour by bringing the following: 
  • binoculars, camera and film to capture our wildlife and spectacular scenery
  • walking shoes suitable for uneven terrain
  • long trousers to protect your legs in the bush
  • warm jackets to counter the fresh ocean breeze
    • sunscreen and hat 
  • accepts the physical risks involved in the tour; 
  • must not commence the tour if they are unfit or become unfit to participate in the tour by reason of  ill health or injury; 
  • is responsible for the safekeeping against loss and protection against damage of all personal effects of the traveller except where items have been deposited into the safekeeping of Exceptional KI; and 
  • must take out travel insurance covering tour cancellations, inability to travel or continue with the tour (for whatever reason), loss or damage to personal effects, medical, evacuation and repatriation expenses, and accidental death or disability;

Exceptional KI Responsibilities:
In accepting a tour booking Exceptional KI agrees: 

  • that the traveller’s pre-payment will be held in trust until after the travel and accommodation services  have been provided; 
  • to maintain liability and indemnity insurance to cover the liabilities of travellers (however, travellers are advised to rely upon their own travel insurance in almost all instances where injury, loss or damage is suffered to themselves or their effects); 
  • to maintain licences and permits necessary to carry out travel arrangements; 
  • to ensure personalised service on shared tours by having a maximum ratio of one guide per six travellers; and
  • to provide drinks on day tours (but not with dinner on overnight packages).

Cancellation:
The traveller acknowledges that for cancellations that are: 

  • more than 7 days prior to tour departure – the traveller must pay a fee of 10% of the tour price; 
  • more than 48 hours but less than 7 days prior to tour departure – the traveller must pay a fee of 50% of the tour price; and 
  • less than 48 hours or for non-appearance to commence the tour -the traveller must pay a fee of 100% of the tour price;

General Conditions:
The traveller and Exceptional KI agree that: 

  • a binding tour contract incorporating these terms and conditions will be formed when Exceptional KI confirms the traveller’s booking, which it will do on receipt of the pre-payment or the tour cost (as the case may be); 
  • full payment of the tour price is required prior to the commencement of the tour unless otherwise specified; 
  • where accommodation is provided it is twin- share, and single occupants must pay a single room supplement. 
  • a reservation will lapse if the traveller does not pay the deposit or the tour cost by the due date for the relevant payment; 
  • the price payable by the traveller is GST inclusive, unless otherwise stated; 
  • a minimum of two travellers is required for a tour and Exceptional KI may cancel a tour if that minimum number is not met. Where possible, Exceptional KI will accommodate a single traveller by joining them to another tour;
    • if a force majeure circumstance necessitates cancellation or changes to a tour then:
      i. the traveller must rely upon any travel insurance they hold for compensation; and
      ii. where possible, Exceptional KI will substitute an itinerary with similar experiences.
      As of January 2019 the most likely incidents to impact on traveller plans are:
      – Cancellations of ferry services to and from the Island due to anticipated sea conditions
      – Closure of boardwalks to Remarkable Rocks and Admirals Arch by National Park Managers due to anticipated high winds
      – Road or Park closures due to bushfire events
      – Park closures on declared Catastrophic Bushfire Danger days
      – Closure of access to Seal Bay beach by National Park Managers on extremely hot days due to traveller risk of exposure and heat stress
  • Exceptional KI reserves the right to notify the traveller of alterations, amendments and cancellations to the tour, in accordance with these terms and conditions; 
  • With the exception of Christmas Day, tours are carried out daily subject to minimum numbers, availability of transport, accommodation services, vehicles and guides and Exceptional KI reserves the right to cancel a tour and refund the tour price, or to defer the tour to another day suitable to itself and the traveller, in the event that it is unable to proceed with a booked tour on a particular day or days; 
  • that Exceptional KI reserves the right to substitute vehicles and accommodation with vehicles and accommodation of a similar standard; 
  • no refund will be made to the traveller for unused services booked; and 
  • travellers are bound by these terms and conditions by the booking in their own right or having a booking made on their behalf by another person from the time of booking.

Complaints:
Traveller complaints will be dealt with as follows: 

  • travellers should make all complaints directly to Exceptional KI in writing if possible, or verbally, immediately after the event leading to the complaint, to give Exceptional KI the opportunity to investigate or remedy the complaint; and
  • Exceptional KI will not accept responsibility for complaints received more than 14 days after an event leading to a complaint occurs;

Liability, Responsibility, Limitation and Jurisdiction:

  • Exceptional KI is not responsible for the actions, defaults or negligence of any travel or accommodation providers it engages for the purposes of the tour, except where the loss or damage arises from a specific direction given by Exceptional KI to those providers. Travellers should direct all claims to those providers and be aware that they are bound by the conditions of travel or accommodation imposed by those
    providers. 
  • The traveller is responsible for all loss or damage arising through his or her own fault. 
  • Exceptional KI will not be liable for any illness,
    injury or death sustained on a tour by reason of the traveller’s medical condition.
  • Exceptional KI will not be responsible for, and the traveller releases Exceptional KI from, any liability arising out of any medical condition suffered by the traveller during the tour or as a consequence of the tour. 
  • The traveller indemnifies and holds harmless Exceptional KI and its officers, employees and suppliers against all actions, proceedings, claims, demands, expenses and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against Exceptional KI) as a result of, or arising in relation to, whether directly or indirectly, the traveller booking or participating in the tour or any act or omission by the traveller in relation to the tour. 
  • To the maximum extent permitted by law, all implied conditions and warranties regarding the provision of services by Exceptional KI under these terms and conditions are excluded. Exceptional KIs’ liability in relation to any non-excludable conditions or warranties is limited to (at Exceptional KIs’ option) either delivering the services again, or paying the cost of providing similar services again. In any event, Exceptional KIs’ total liability under this Agreement (including for loss or damage to baggage, compensation for distress, disappointment and loss of enjoyment) will be limited to the amount of the tour price actually paid by the traveller to Exceptional KI. 
  • To the maximum extent permitted by law, Exceptional KI excludes, and the traveller releases Exceptional KI from all other liability, including without limitation any consequential or special damages or costs, arising directly or indirectly from or in relation to the services provided in accordance with these terms and conditions. 
  • Any booking shall be subject to and construed in accordance with the laws in force in South Australia and the parties agree to submit to the jurisdiction of the courts of South Australia.