Terms and Conditions
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Informed Decision
Upon booking, Tour participant acknowledges that Escape To WA is solely a tour business whose sole purpose is to arrange itineraries for participants AND Tour participant has read the materials provided by Escape To WA that describe the Tour, the Tour participant’s responsibilities while materials provided by Escape To WA that describe the Tour, the Tour participant’s responsibilities while participating in the Tour, and the potential health, safety, and other risks associated with Tour participant’s participation in the Tour, including but not limited to accidents or illness, disease, poor sanitation, inadequate medical care and facilities, terrorism, Acts of God, accidents, crime, the hazards of travel by air, train, boat, and motor vehicle, poor weather conditions and natural disasters.
Tour participant has taken the opportunity to ask any questions he or she may have about the Tour, and the responsibilities and risks involved, and has willingly and freely assumed any and all risks associated with domestic travel and the Tour in general.
2. Responsibility for Preparation
Tour participant agrees to attend pre-departure information sessions and other programs or meeting which Escape To WA may conduct regarding the Tour.
The Tour participant warrants Escape To WA (and Escape To WA relies on such warranty) their physical condition and health are suitable to participate in the Tour, and they have and will take any necessary medical precautions before embarking on the Tour (and during the Tour if necessary).
Escape To WA recommends each tour participant purchase adequate and relevant travel insurance. It is the Tour participant’s responsibility to purchase adequate and relevant travel insurance to cover them for any instance including loss, damage or illness.
3. Changes in Tour
The duration, itinerary, or other details of the Tour may be cancelled, curtailed, altered, or modified without prior notice or obligation to Tour participant, except that in the event of cancellation refund shall be made of all monies paid by or on behalf of Tour participant to Escape o WA for participation in the Tour, excluding the non-refundable application fee. If the Tour is curtailed, refund shall be made of an appropriate share of such monies paid to Escape To WA, said sum to be determined by the Escape To WA in its sole discretion.
4. Compliance with Laws, Regulations & Rules
Tour participant shall abide by all laws of all places visited, including but not limited to laws governing the use of alcohol and drugs. If Tour participant chooses to consume alcohol, as allowed by law in any relevant jurisdiction, Tour participant agrees to do so responsibly and at his or her sole risk.
Tour participant agrees to comply with all rules, regulations, and standards of conduct, including but not limited to violations of any code of Tour conduct fixed by Escape To WA, its agents, and employees who, in the event of violation, reserve the right to limit or terminate Tour participant’s participation in the Tour.
If Tour participants participation in the Tour is terminated (excluding the Tour participant from further participation in the Tour), return to Tour participant’s home shall be at Tour participant’s sole expense, arrangement and risk.
5. Release of Claims
Tour participant, individually, and on behalf of its heirs, successors, assigns and personal representatives, hereby indemnifies and releases fully and finally from any and all liability, claims, loss, suits, demands and damages, brought by the Tour participant (or and including by any third party as a consequence of any act or omission of the Tour participant) and covenants not to sue or cause to be sued in any judicial or administrative forum, or otherwise. Escape To WA and its officers, agents, and employees with respect to any and all matters relating to or arising from Tour participant’s conduct (including acts and omissions) and participation in the Tour.
It is understood and agreed that Escape To WA shall in no way be deemed responsible for the operation or management of any means of transportation, public or private, or facilities used by the Tour or any Tour participant, and the Tour participant’s participation on any tour or transportation or event or activity will be solely their own risk.
Further, should the Tour participant engage in any activities which involve a risk to person or property (including but not limited to and any activity while intoxicated or under the influence of any substance), they do so at their own risk and agree Escape To WA shall in no way be liable for the Tour participant’s actions. Safety, loss and damage.
6. Health and Health Insurance
The Tour participant acknowledges that he/she is responsible for obtaining all recommended and necessary immunisations. The Tour participant warrants that he/she is responsible for educating and informing him/herself and discussing with his/her health care provider diseases, illnesses, and other health concerns that may result from travelling and participating in the Tour.
Tour participant further warrants the he/she has been examined by a qualified physician of his or her choice; that such physician was in possession of all pertinent facts concerning Tour participant and the Tour; and that such physician has advised Tour participant of the medical advisability of participation.
Tour participant assumes all risk and responsibility for his/her medical needs while a participant in the Tour, and acknowledges that Escape To WA is not responsible for the provision and quality of medical treatment or hospital care received while such a participant.
In the event of a medical emergency, however, Tour participant authorises Escape To WA to take action deemed in good faith to be necessary for his/her health and safety.
Tour participant assumes full financial responsibility for, and releases Escape To WA from any and all liabilities resulting from the good faith exercise of his authority.
TOUR PARTICIPANT WARRANTS THAT HE OR SHE IS CURRENTLY ENROLLED IN A HEALTH INSRANCE PROGRAM THAT PROVIDES COVERAGE FOR EXPENSES INCURRED WHILE PARTICIPATING IN THIS TOUR.
7. Modification
This Document shall not be modified except by another agreement in writing signed by the Tour participant.
8. Governing law
The terms of this Waiver shall be governed by the laws of Western Australia.
9. Severance
In the event that any provision of this Agreement or its application to any person or circumstance is invalid or unenforceable, the validity or unenforceability shall not affect the validity or enforceability of the provision to the other persons or circumstances, and the provisions shall remain in full force and effect.
10.Agreement
The Tour tour participant acknowledges that prior to confirming his/her booking, he or she has read this Term and Condition, has had the opportunity to seek legal advice about the agreements effect prior to proceeding the booking, has full understanding of this terms and condition, and voluntarily accepts its terms and conditions executes it with the understanding that Escape To WA shall rely on the statements and warranties herein contained.
All participants under 18 years of age must be accompanied by an adult.