Booking Terms and Conditions
Before booking with us please take the time to read and understand the terms and conditions of booking set out below.
1.Contract
All bookings are made with Enlighten Byron Pty Ltd trading as Wander Byron (ACN 651 485 782) (us/we). By making a booking with us, you (participant) are deemed to have agreed to these Booking 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 email which will be sent once your booking has been accepted.
2. Payments
Bookings are not confirmed until full payment has been received.
Prices are in Australian dollars and must be paid in Australian dollars.
3. Acceptance of booking
Once we accept your booking and payment, you will receive a booking confirmation email. If you make a booking on behalf of others, you warrant that you have the authority from the rest of the group members to act on their behalf. You also agree to pass on all information we send to you. We reserve the right to refuse to accept a booking based on the information revealed to us.
4. Prices Variations & Currency Surcharges
Our tour prices are subject to variable and seasonal pricing including discount offers. Our prices may vary at any time by demand, availability and market conditions. Different participants on the same tour may have been charged different prices. Any reduced pricing or discounts that may become available after you have paid will not apply. Our website contains our most up-to-date pricing.
While we do our utmost to avoid any price increases, we reserve the right to change any of our published prices without notice.
5.Your Responsibility
It is your responsibility to thoroughly understand what the walk entails, and you have the necessary ability and fitness to participate. Participants must be in good health and be moderately fit to undertake a walk. The more physically prepared you are, the more enjoyable your walk will be.
You should have adequate fitness for the walk. The tracks could include rough and uneven terrain, challenging ascents and descents and varying extremes of weather from heavy rain to cool or warm temperatures or strong winds.
We are happy to discuss your suitability for our walks if you need clarification. It is also your responsibility to bring adequate clothing & footwear to suit the conditions. It is your responsibility to tell us of any relevant medical conditions or special requirements at the time of booking and we will attempt to cater for these special needs to the best of our ability.
By booking and participating, you agree that you are over 8 years old and if you are under 18, you will be accompanied and supervised by an adult who will also be booked on the same tour. All ages refer to the date of the tour, not the date of the booking.
Participants 80 years of age or older must supply a doctor’s certificate stating that they are in good physical condition and that there are no pre-existing medical conditions that are likely to prevent them from undertaking the tour.
6.Cancellation by the participant
Cancellations must be made via email only at hello@wanderbyron.com.au. Notice of cancellation is not effective until received and acknowledged by the Company and must be made during office hours and do not include weekends or public holidays. If you cancel some or all portions of your booking, cancellation fees will apply.
Cancellations made within 28 days of the walk will not be refunded or credited for any reason. Any cancellations made over 28 days before the tour can receive a full credit which will last 12 months from the date of cancellation.
If you do not complete a tour or leave for any reason after it has commenced, we are not obliged to make any refunds or credits for unused services. If you fail to arrive on time at the pre-arranged meeting place on the booked date, join the tour after departure, or leave before its completion, no refund or credit will be made.
7.Cancellation by us
Our tours are guaranteed to depart unless a Force Majeure Event results in the cancellation of a tour. Tours will go ahead in various weather conditions, but we may also decide at our discretion, to cancel a tour if the BOM deem the weather to be inappropriate for the tour to proceed. We will under no circumstance knowingly place at risk the health and well-being of our participants. We reserve the right to cancel our tours at any time before departure. Guests will be notified of cancellations via email & text or in person if the cancellation is at the departure time.
If we cancel your tour for any reason, you will be given a 12-month credit for an alternative departure date.
A “Force Majeure Event” includes but is not limited to, acts of God, fire, earthquake, flood, windstorm or other extreme weather events, war, civil commotion, riot, blockade or embargo, breakdown, union dispute, epidemic, pandemic, lack or failure of courses of supply, the passage of any law, order, regulation, ordinance, proclamation, demand, requisition or requirement or any other act of any government authority, outside of the reasonable control of either party whether or not foreseeable, which renders performance impossible or reasonably impracticable.
We will not be liable for other costs or expenses associated with travel to the designated meeting point, overnight accommodation, meals, etc will not be covered by us and therefore we strongly recommend insurance be taken out.
If we have cancelled your tour, the credit offering is subject to the following conditions:
8. Altering your tour date
If you wish to change the date of your tour to another date, you must notify us via email – hello@wanderbyron.com.au, at least 60 days before the proposed departure date. We will do our best to make the change to your preferred date, but it may not always be possible. The new transfer date must be within 12 months of the original booking date. A non-refundable fee of $20 per booking change will be charged. If you notify us less than the above dates before the proposed departure date the refund policy applicable to cancellations will apply. Taking out travel insurance to cover any last-minute changes to your dates is advised. A booking may be transferred into another person’s name with a non-refundable fee of $20 per booking.
9. Tour Inclusions
Your tour includes:
10. Tour Exclusions
Your tour does not include:
11. Flexible Attitude
All tours operate to the mercy of the elements and weather and require our participants to arrive with a flexible attitude. The itinerary may be subject to alteration without prior notice due to local weather on the day. Walks will normally operate in all but exceptional weather conditions. Weather such as fog, mist, drizzle, showers, rain, sleet and strong winds do not affect the normal operation of our tours.
12.Change of itinerary
While we endeavour to operate all tours as described, we reserve the right to change the tour itinerary.
Before departure: If we are forced to make a significant change to the itinerary before your tour, we will inform you as soon as reasonably possible if there is time before the departure.
During the tour: The Company reserves the right to alter the itinerary or cancel a tour without notice as may be found necessary for any reason whatsoever including, but not limited to road, weather, bushfires or traffic conditions, track or park closures, strong winds, high seas, operational conditions and requirements. Where a tour is altered due to these conditions, our guides will provide the best alternative itinerary possible.
13. Authority on tour
Our tours are run by our guides who are responsible for all aspects of your tour including group safety, operation of the tour and general enjoyment. They have the authority to do whatever is necessary to achieve these objectives, including the decision to refuse a participate on a tour if they deem would compromise the overall safety and/or interests of the group. The decision of the guide is final on all matters likely to affect the safety or well-being of any participant on the tour. If you fail to comply with a decision made by our guide or interfere with the well-being or mobility of the group, the guide may direct you to leave the tour immediately, with no right of refund. We may also elect not to carry you on any future tours booked. You must always comply with the laws and customs of Australia.
14. Claims & complaints
We want to provide you with an enjoyable experience, but no matter how careful we are, things might sometimes go wrong. We’d like to have complaints remedied as quickly as possible. If you have a complaint about your tour, please inform your guide at the time so that they can attempt to rectify the problem. If the problem cannot be resolved, please contact our head office immediately by email within 7 days of the end of the tour. hello@wanderbyron.com.au
15. Photos and marketing
You consent to us using images of you taken during the tour for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes. If you do not wish to have images of you used please let us know before booking.
16. Privacy policy
Any personal information that we collect about you may be used for any purpose associated with the operation of a tour or to send you marketing material about our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the tour. We will otherwise treat your details with privacy.
17.Acceptance of risk
You acknowledge you have read and understood these booking conditions and participation involves an increased degree of personal risk than normal and that you undertake everything involved in the booking, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in the booking.
It is your responsibility to acquaint yourself with all relevant information and the nature of your itinerary.
18.Liability
To the maximum extent permitted by law we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the Consumer & Competition Act 2010.
Limitation of Liability
Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded, our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
Indemnity
You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
(b) any breach by you (or your delegate) of:
(i) these Booking Conditions; or
(ii) any additional terms applicable to providing the Services,
except to the extent that such loss or damage is a direct result of our fraud or wilful misconduct.
Third parties
We connect with a network of companies, activity providers, accommodation providers, airports, transfer companies, local guides, government agencies, independent contractors and individuals to assist with our tours as agents for these third parties (Third Party Suppliers). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms when undertaking these activities. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier complies with the laws of your country of residence or any other jurisdiction.
We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
Vicarious liability
We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
19. Severability
If any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then 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.
20. Jurisdiction
This agreement and the rights and responsibilities of the parties will be construed and take effect by and be governed by the laws of NSW, AUSTRALIA.
Wander Byron is part of the ECO Tourism Australia Certification program. Eco Certification means that you are guaranteed to experience a genuine and authentic tour that looks after the environment. The ECO Certification program assures you that certified products are backed by a commitment to sustainable practices and provide high quality nature-based tourism experiences.’
We acknowledge the Traditional Owners of this land, the Arakwal people, the Minjungbal people and the Widjabul people of the Bundjalung Nation, and pay our respects to elders past and present.
Start Time: 1 hour prior to sunrise
Duration: 2hrs
Meeting location: The Pass Car Park
