These terms and conditions form part of an agreement between Experiential Tasmania (ABN 84 240 472 160) (“we” or “our”) and the guest(s) referred to in the booking form (“you” or “your” ).

1. HOW TO BOOK

You may check availability, and make a booking through our website, or by calling or emailing us. Full payment is required to confirm your booking.

Once your booking has been made, you’ll receive a booking confirmation email.

By making a booking, you agree and accept our terms and conditions, including the terms and conditions set out in this document. If you are booking on behalf of another person, we rely on the authority of the person making the booking to act on behalf of any other traveller on the booking and that person will bind all such travellers to these terms and conditions.

2. PRICING

The prices quoted on our website are the most current prices and are subject to minimum numbers. Without limitation, the following items are excluded from the pricing.

- Travel insurance;

- any expenses not defined as an inclusion in the pricing including tips, personal clothing, medical expenses, items of a personal nature and emergency evacuations.

Public Holiday Surcharge - A 15% Public Holiday Surcharge will apply for all Tasmanian statewide public holidays including substitute holidays.

3. PRIVATE TOUR

If a private experience is requested on one of our shared tours, a supplementary price of 75% of the full fee will apply. Requests for private booking must be stipulated at the time of booking. For larger groups, contact us directly.

4. PAYMENT

All pricing is in Australian dollars.

Bookings are not confirmed until your booking has been confirmed by us. Full payment is due at the time of booking.

Once you have paid for your booking, any subsequent discounts or price reductions that are advertised by us or any third party will not be applied retrospectively.

Payments processed via Square. We accept Visa, Mastercard and Amex. We do charge a 2.2% credit card surcharge.

Payment may be made by direct deposit on request. We do not charge a fee for payments made via direct deposit.

All payment fees are subject to change. The payment fees specified on our website are the most current.

5. CANCELLATION BY GUEST

If you wish to cancel your booking, you must notify us as soon as possible. Once we receive your notice, cancellation will take effect subject to the following:

- the date of cancellation is the date that we receive notice of the cancellation; and

- if the cancellation is made:

- more than 14 days from the scheduled departure date, a 25% cancellation fee per person will apply with the balance payment refunded to you;

- between 7 and 14 days prior to departure, a 50% cancellation fee per person will apply with the balance refunded to you; or

- within 7 days of departure, no refund is available.

Cancellation by the guest will also take effect if:

- you fail to arrive at the pre-arranged meeting place at the time stipulated by us; or

- your payment of the balance of the booking is not received by us by the required time.

No refund will be paid if you:

- voluntarily leave your experience after it has commenced, including (without limitation) for reasons of bereavement, injury or illness; or

- are directed by us to leave or not commence your experience in accordance with these terms and conditions.

We strongly recommend that all guests obtain suitable travel insurance.

6. BOOKING AMENDMENT BY GUEST

If you wish to change your booking, you must notify us as soon as possible. Once we receive your notice, the change will take effect subject to the following:

- Amendments can be made to your original booking, up to 14 days prior to the date of departure, at no cost (subject to availability).

- for booking changes made between 7 and 14 days prior to departure, there is a $25 change fee per order to amend the departure date (subject to availability); and

- we do not accept changes to bookings within 7 days of departure.

Changes to your experience departure date, or transfer of booking to a different experience may incur additional costs payable by you for any difference in pricing. We will do our best to change your booking to your preferred date, but it may not always be possible.

7. CANCELLATION BY US

In the event Experiential Tasmania needs to cancel a departure for any reason, we will provide you with a full refund.

Alternatively, the following options may be available:

- we can hold a credit towards an alternative booking departure date to be used within 24 months, including a guarantee that there will be no additional charges for the future experience;

- provide a replacement experience that complements your existing travel arrangements (subject to availability);

- provide a replacement experience at a later date convenient to both parties.

Where your experience is cancelled by us, we will not be liable for any costs associated with travel to and from the designated departure point. We therefore strongly recommend travel insurance be taken out at the time of booking.

8. MINIMUM GROUP SIZE

Please be aware that we require a minimum of 2 guests to guarantee a departure.

If you are booking as a solo traveler and are the first guest booked on a particular departure date, your booking will remain pending until at least another one person books to guarantee the date. In the event it is not yet guaranteed a week prior to departure, we can transfer you to another date or refund you in full. You can also opt to pay a single supplement fee to guarantee your departure. Please speak with a member of our team.

9. TRAVEL INSURANCE

When selecting a travel insurance product, please ensure that it provides cover against, at a minimum, personal accidents or injury, medical expenses, Force Majeure Events, emergency repatriation and personal liability, cancellation for any reason including bereavement, delayed flights, lost luggage and personal effects.

We strongly recommend that all guests obtain suitable travel insurance once your booking is made.

10. DIETARY REQUIREMENTS

Dietary requirements stating whether it is a lifestyle choice or allergy must be noted on the booking form. We will endeavour to cater to your needs.

If dietary requirements are not disclosed at least 72 hours prior to your departure we may not be able to cater to your needs. Should you need to cancel your trip because you have not disclosed dietary requirements in a timely manner, standard cancellation fees will apply (refer to condition 5).

11. PHOTOS

Your driver/guide will take photos on the day to share on our Social media pages for you to save and share with your friends. Some of these photos may be published on our website, other social media platforms or in our marketing material.

If you do not consent to your guide taking photos of you and your co-guests, please let us know on your booking form.

Alternatively, you can let your guide know on the morning/day of your departure. Any photos that you disprove of yourself can be taken down upon your request.

12. DRIVER/GUIDE AND GUEST RESPONSIBILITIES

Our drivers/guides take their roles and responsibilities seriously and if for any reason they believe, in their absolute discretion, that you should not participate in the trip, they may exclude you from the trip. In this event, without prejudice to any other condition in these terms and conditions, you will be offered the option of a full refund.

Most of our experiences are group trips and guests need to be conscious of how their action may impact others.

The guide is in charge to ensure not only your safety, but the comfort, safety and enjoyment of the entire group. If for any reason during a trip the guide considers you should not participate further due to you committing an illegal act, or in the opinion of the guide, your behaviour is causing or may cause danger, distress or annoyance to others, the guide may direct you not to continue and you must follow their instructions. In this case you will not be entitled to any refund. Travel insurance may compensate you depending on the circumstances (and the terms and conditions of the relevant policy).

13. EXCLUSION OF LIABILITY

Guests acknowledge that walking within any National Park is potentially a dangerous activity and guests are undertaking such an activity at their own risk. Guests acknowledge and agree that they will undertake the walk freely, voluntarily and absolutely at their own risk and with a full appreciation of the nature and extent of all risks involved in the walk.

Guests acknowledge that we are supplying them with Recreational Services (as defined below) for the purposes of applicable laws.

Guests agree to the fullest extent permitted by law waive all of their legal rights of action against and fully release Experiential Tasmania and its servants, employees, agents and contractors from all liability arising from or connected with their death or personal injury howsoever arising out of or in relation to the participation by them in a walk including without limitation, liability for a negligent or tortuous act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Experiential Tasmania, it's servants, employees, agents and contractors. This waiver shall bind all guests and their legal personal representatives.

***“Recreational Services” means services that consist of participation in a sporting activity or a similar leisure-time pursuit; or any other activity that:

- involves a significant degree of physical exertion or physical risk; and

- is undertaken for the purposes of recreation, enjoyment or leisure.

14. LIMITATION OF LIABILITY

We do not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would:

- contravene that statute; or

- cause any part of these terms and conditions to be void.

Except to the extent condition 18(a) applies, and to the extent permitted by law, Experiential Tasmania excludes all:

- statutory liability;

- tortious liability (including negligence);

- conditions and warranties implied by custom, the general law or statute; and

- liability for all special, indirect, incidental, consequential or punitive damage and economic loss, loss of profits, loss of revenue, loss of bargain, loss of goodwill, loss of anticipated savings, or loss of use of products or equipment, arising out of or relating to these terms and conditions, the walk, or any failure to supply or delay in supplying the walk, whether or not we were aware or should have been aware of the possibility of such loss or damage.

Experiential Tasmania's liability to guests for any breach of any express or implied provision of these terms and conditions is limited, at our option, to:

- refunding the price of the goods or services in respect of which the breach occurred; or

- providing, replacing or repairing those goods or providing those services again.

Guests agree to indemnify and hold harmless Experiential Tasmania and each of its servants, employees, agents and contractors against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands which any of them may directly or indirectly incur or suffer as a consequence of any breach by them of their obligations under these terms and conditions.

15. JURISDICTION

The laws of Tasmania shall apply to these terms and conditions.

16. ACKNOWLEDGEMENT

By placing a booking with us, guests acknowledge and agree that we have relied on the representations made by you, including in respect of your circumstances, travel insurance availability, age and medical condition which representations you hereby confirm and warrant are true, correct and complete in every respect.