Cancellation and Indemnity
Terms and Conditions:
The waters of the Top End and adjacent islands contain many dangers that may and can cause serious injury ill health and possibly death. The dangers include but are not limited to crocodile attack shark attack stingers strong currents and falling overboard.
The region is extremely remote and although Darwin and Nhulunbuy have fully equipped hospitals help in an emergency situation could be at least 3-4 hours away.
Top End Expeditions will take every precaution and advise guests of hazards and precautionary practices. Top End Expeditions will not take responsibility for any actions on the part of the guests that result in injury ill health or death after advice is given or for misleading information given by the guest about their state of health.
Top End Expeditions reserves the right to;
• Decline a booking due to medical history
• Obtain a medical certificate approving fitness to travel
• Cancel a tour at short notice due to weather considerations (such as a developing tropical cyclone)
• Alter destinations or return to port early due to deteriorating weather (or predicted deteriorating weather)
• Alter destinations or return to port early due to misconduct or anti-social behaviour on the part of the guests
In the event of Top End Expeditions cancelling a tour due to weather the tour will be rescheduled or a full refund less 10% administration costs will be given.
Top End Expeditions must and will put the safety of all guests and crew above all other considerations. Top End Expedition guests are expected to observe normal socially acceptable behaviour and show courtesy to other guests on the tour. Guests demonstrating behaviour that could put themselves or other guests at risk can and will be returned to port of departure with no refund given and will be responsible for any extra costs incurred.
The Master of Auriga Bay II has the final word on all matters of safety and behaviour while at sea.
A deposit of 25% is required to secure and confirm bookings. No booking will be considered secure or confirmed until funds are deposited and cleared.
The balance of payment must be received no later than 30 days before travel.
Cancellation on the guests’ behalf 30 – 60 days before travel will forfeit their 25% deposit.
In the event of cancellation on the guests’ behalf within 29 days of travel or no show 100% of the fare will be forfeited.
Any extra expenses due to breakages losses or extra travel or cartage due to passengers’ extra-ordinary requirements will be charged as an additional extra at replacement or reasonable market prices.
Indemnity:
I hereby acknowledge that I have been advised and thoroughly informed of the inherent risks of the booked tour.
In particular I understand that:
I am required to notify Top End Expeditions of any special needs or irregular medical and/or physical conditions that may require medical assistance
I am required to listen carefully to directions and respect the advice of those supervising and guiding during the tour activities.
Where applicable I am responsible for the behaviour of my child/children whilst on the tour and will ensure that they are following the guide’s instructions and advice at all times. The names of minors included on this contract are written on the bottom of this form.
I am of lawful age and legally consent to sign this liability release. I understand that the terms herein are contractual and not a mere recital; and that I have signed this document of my own free act.
I further understand that this document may be relied upon in any proceedings instituted in any Court by me or my heirs executors and assigns.
I acknowledge that I have been advised that:
The tour involves exposure to the natural elements including but without limiting the generality of sun high temperatures wind storm slippery and/or unstable surfaces deep water water hazards *dangerous animals (see below) stinging plants and biting insects. Such exposure brings with it attendant risk of sickness allergic reactions injury or possibly death or disablement.
The tour will be conducted at sites that are remote either by time and/or distance from any facilities and/or communication services.
The tour will be conducted at sites that are remote either by time and/or distance from a medical facility or hospital.
The tour activities involve certain inherent risks of sunburn hyperthermia (heat stroke) blisters fatigue and physical injury drowning or near drowning and that such occurrences may result in sickness death or serious disablement.
The tour activities may be physically demanding and in susceptible individuals may cause heart attack panic or hyperventilation.
The injuries sicknesses and conditions of the type referred to above may require treatment in a medical facility or hospital.
The tour access and exit points will occur at sites that will require the use of an aluminium tender to and from shore to enable beach access and may also require the use of four wheel drive vehicles and/or private charter aeroplane. The subsequent journey may be rough and at times uncomfortable.
Vehicle transport involves inherent risks of vehicle accident on sealed roads unsealed roads or four wheel drive tracks and such accidents may result in injury death or serious disablement.
Furthermore:
I agree to let Top End Expeditions staff apply first aid procedures to myself and/or my children if required. I also agree to let Top End Expeditions staff call for professional emergency services if required and as such any medical expenses incurred will be at my own expense.
I acknowledge that having been advised of the risks associated with the tour I wish to undertake the activity with Top End Expeditions and hereby release and hold harmless to the maximum extent permitted by law Top End Expeditions staff from any suit demand or claim arising as a consequence of sickness death or injury received by me during my participation in the said activities.
I acknowledge that having been advised by the principals servants and/or agents of Top End Expeditions of the risks associated with the tour and to the maximum extent permitted by law hereby release and hold harmless Top End Expeditions its principals servants and/or agents from any suit demand or claim arising as a consequence of death or injury received by me and/or my children during my participation in the said tour.
I acknowledge that this document may be relied upon in any proceedings instituted in any Court by me or my heirs executors and assigns.
I understand that although Top End Expeditions will take every care and responsibility with and not limited to boats fishing gear electronic equipment etc I take with me on the said tour Top End Expeditions will not be held liable for any loss or damage to said equipment.
* Dangerous animals include but are not limited to wild cattle buffalo pigs horses estuarine and freshwater crocodiles sharks stinging jelly fish stone fish sting rays centipedes spiders scorpions and other stinging insects.
I have read the above indemnity terms and conditions agree to accept the indemnity terms and conditions and declare to the best of my ability that all the information given by me to Top End Expeditions is true and correct.
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