Kitethrills Travel Terms and Conditions

NOTIFICATION OF LIMITATIONS TO FOLLOW.  PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  These Terms and Conditions govern the relationship between you and Active English Pty Ltd doing business as Kitethrills (hereinafter referred to as “the Company” or “Kitethrills”).  By booking a trip or travelling with Kitethrills, you agree to be  bound by these Terms and Conditions which outline, among other things, our cancellation policy and certain limitations of liability.  These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.

1. The Contract: All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow.  By making a booking with the Company or its Agents, you accept and are bound by these Terms and Conditions. The person or persons named on the booking are hereafter referred to as the “Client”. All bookings are made with Kitethrills, “the Company”, which sells the tours described in this brochure and on the Company website or through its Agents who sell the Company’s tours through an agreement with the Company. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
2. Deposit Requirement: At time of booking, or 60 days or more prior to departure, whichever is later, a non-refundable deposit as indicated on the booking form per person per tour is due, either directly by the Client or Agent. The non-refundable deposit and medical form if applicable should be sent to the Company or its Agent. For insurance purposes any Clients 70 years of age and over, or those younger with pre-existing medical conditions are required to complete a Kitethrills medical form which must be signed and dated by a physician and returned with your final payment or you will not be permitted to travel. Those forms will be included in your pre-departure documents, or you can view them on our website.
3. Final Payment/Client Details
3a. Final Payment for Kitethrills Trips: Acceptance of the Client’s booking must be confirmed in writing by the Company. Please refer to your confirmation invoice for details regarding final payment. Payment of the balance of the tour price is due 60 days before the departure date. If a booking is made 60 days or less before the departure date then the full amount is payable at the time your booking is confirmed. If this balance is not paid at the time your booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled.
3b. Client Details: In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all client details with their final payment as per the dates specified in 3a. If the Client does not provide all client details within 30 days before departure, a fee of $50 will be charged to the file. Client details include passport number, copy of passport details and medical form (where applicable), full name, date of birth and nationality.
4. Last Minute Bookings: For any bookings made within 15 days of departure, there will be a $50 fee charged. This last minute booking fee covers our additional costs for couriers, communication and administration.
5. Cancellation By The Client: Any cancellation by a Client must be made in writing and acknowledged by the Company. The date on which the letter is received by the Company or its Agents will determine the cancellation charge applicable.
6. Cancellation of a Tour by the Company: The Company reserves the right to cancel a tour for any reason, but will not cancel a tour less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the Company’s control. When a tour is cancelled by the company, the Client may choose between a full refund of all monies paid or any alternative tour offered by the Company. The Company is not responsible for any incidental expenses that may have been incurred by the Client or Agent as a result of the booking such as visas, vaccinations, non-refundable connecting flights or loss of enjoyment etc. If the alternative tour chosen by the Client is of a lower value than that originally booked then the Client is entitled to a refund of the price difference. If the alternative tour chosen by the Client is of a higher price than that originally chosen then the Client must pay the difference.
7. Unused Services: There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination, i.e. Sickness, death of a family member etc.
8. Prices & Surcharges: Prices quoted are in the currency indicated on the booking form. The Company reserves the right to impose surcharges up to 60 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the tour cost excluding insurance premiums the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.
9. Brochure/Website Validity: The prices in our brochures and website are based on airfares, exchange rates and costs in effect at the time of printing or posting to our website. Kitethrills reserves the right to alter prices for new bookings if these rates change substantially.
10. Flexibility: The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary provided for each tour is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
11. Changes
11a. Changes made by the Company: The Company reserves the right to change any of the facilities, services or prices described in the brochures or website before a booking is made. If such a change is made, the Client will be told at the time of booking or when the change occurs. While the Company will endeavour to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change, the Company will inform the Client as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. If the major change is due to force majeure or unforseen circumstances, no compensation is payable. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid or accepting an alternative tour offered by the Company.
11b. Transfer to another departure (by the Client): A transfer from one tour to another can only be made more than 60 days before departure date and if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to charge an administration fee of $100 per person per change. Any request to transfer received less than 60 days before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book on another tour. A Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply.
11c. Transfer of name: If you are prevented from travelling on the tour you booked by circumstances such as those which would permit you to make a claim on a standard cancellation insurance policy, you may transfer your booking to another person, provided they meet all the requirements relating to that tour. More than 60 days before departure, an administrative fee of $50 will apply. 11d. Amendments: Within 60 days of departure any amendments to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an amendment fee of $100. No amendments are permitted to your booking with 10 days of departure. Note: airlines may impose 100% cancellation charges.
12. Acceptance of Risk: The client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
13. Authority on Tour: At all times the decision of the Company’s tour leader or representative will be final on all matters relating to the safety and well being of the tour. By booking with us the Client agrees to abide by the authority of the tour leader, who represents the Company. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise Kitethrills at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client’s behaviour is causing or is likely to cause danger, distress or annoyance to others, the Company may terminate that Client’s travel arrangement without any liability on the Company’s part and the Client will not be entitled to any refund.
14. Travel Documents
14a. The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (your passport must be valid 6 months past your return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents and permits, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided.
14b. To expedite the issuing of Kitethrills travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on our website once full payment has been received by the Company. The Company reserves the right to impose a fee for those Clients who wish to receive paper documents.
15. Factors outside the Company’s control (Force Majeure): The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss of detriment to person or property or for the Company’s failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss of detriment to person or property is caused by Act of God, war or war like operations, terrorist activities, civil commotions, labour difficulties, whether or not Company is a party thereto, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire or any other cause whatsoever beyond the reasonable control of the Company.
16. Travel Insurance: It is mandatory that all Clients obtain travel insurance with a minimum coverage of $300,000 while travelling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses and evacuation expenses. It is strongly recommended the coverage be extended to include cancellation, curtailment, loss of belongings and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client.  When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.
17. Responsibility of your Tour: Client bookings are accepted on the understanding that they acknowledge that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Company’s obligations, and those of any suppliers providing any service or facility involved in any travel arrangements the Client books with us, are to provide services and facilities with reasonable care and skill. Facilities will be provided to the realistic minimum standard recommended by the regulatory authorities responsible.
17a. Where the Client does not suffer personal injury, the Company accepts liability, in accordance with paragraph 17c below, should any part of the tour arrangements booked with the Company not be supplied as described in the brochure and/or website. In such a case, the Company will pay reasonable compensation.
17b. Where the Client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with the Company, the Company accepts responsibility, in accordance with paragraph 17c below. If the Company has liability, it will pay reasonable compensation.
17c. The company has liability in accordance with paragraphs 17a and 17b above subject to paragraph 17d below except where the cause of the injury the Client may suffer is not due to any fault of the Company or that of the Company’s agents or suppliers, because it is either attributable to the Client, or attributable to someone unconnected with the Client’s tour and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither the Company, nor its agents or suppliers could have foreseen or avoided.
17d. The Company’s acceptance of liability in clauses 17a and 17b above is subject to assignment by the Client to the Company of the Client’s rights against any agent, supplier or sub-contractor of the Company which is in anyway responsible for the unsatisfactory tour arrangements or the Client’s death or personal injury.
18. Claims & Complaints: If a Client has a complaint against the Company, the Client must first inform the tour leader or company representative whilst on the tour in order that the leader/representative can attempt to rectify the matter. If satisfaction is still not reached through these means then any further complaint must be put in writing to the Company within30 days of the end of the tour. The company will not accept any liability for claims received after this period.
19. Suppliers Conditions: Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier.
20. Local Conditions: The Client acknowledges that she/he will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in our daily lives. By booking travel with the Company, the Client acknowledges that she/he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting her/himself with the customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary and is encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.
21. Optional Extras: Optional extras do not form part of the tour or contract. It is understood and accepted by the Client that any assistance given by the tour leader representative in arranging optional extras does not render the Company liable for optional extras. Amongst others, optional extras include rafting, sightseeing flights and other items indicated as “optional activities or extras” in the itineraries and not included in the price.
22. Severability: In the event that any term or condition contained herein 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 Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
23. Successors & Assigns: The Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal representatives, successors and assigns.
24. Errors & Omissions: Although the Company has made a concerted attempt to verify the accuracy of statements made herein, the Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in any brochure or website page.
25. Privacy Policy: We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers to enable the operation of the services requested by you. We do our utmost to protect your personal information. Please refer to our website for the Company’s Privacy Policy.
26. Applicable Law & Choice of Forum: The contract including all matters arising from it is subject to Australian Law and the exclusive jurisdiction of the Australian Courts.