Terms & Conditions
In registering for one of our adventures and paying your deposit, you agree to be bound by these conditions which constitute the agreement between Adventure Out Loud Pty Ltd (ABN 85 124 320 529) and you. No purported variation of these conditions will be effective unless in writing and signed by a person so authorised by Adventure Out Loud Pty Ltd. In these terms and conditions reference to “Adventure Out Loud Pty Ltd representatives” means Adventure Out Loud Pty Ltd and its directors, officers and employees and related parties or any of them.
1. HOW TO SECURE YOUR PLACE
To reserve your place:
- Click on the "express interest" or “register now” button at the bottom of our itinerary
- Complete the online registration form
- Pay your deposit by clicking on the "invoice" section on the left-hand menu.
We reserve the right to decline any booking at our discretion. Generally, we do not allow travellers under the age of 6 years however we will occasionally make exceptions when traveling with their legal guardian, joining one of our family or youth tours or following discussion with parents or legal guardian. The decision for any person younger than 18 years of age to travel on our scheduled itineraries is at our absolute discretion.
2. OUR SERVICES
We commence providing services to you as soon as your deposit is received. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. You also receive the benefit of work we undertake in anticipation of bookings. The services we provide to you are limited to:
(a) the arrangement and coordination of your travel arrangements; and
(b) the delivery of travel arrangements which we directly control, own or operate.
3. QUOTES, PRICES & PAYMENTS
(a) Quotations
Quotes are valid for 7 Days, after which we reserve the right to increase costs for any reason. Please note that we will not hold any services for you subject to quotation, meaning they may become unavailable prior to you paying your deposit to secure your booking. If you need to have your quote reviewed, please contact us.
(b) Tour prices
Package prices are per person based on ground costs, fuel prices, exchange rates, minimum numbers and assumptions made at the time of publication.
We endeavour not to increase tour prices, however, sometimes increases are outside our control. We reserve the right to amend tour prices without notice at any time before and including the departure date for circumstances outside of our control such as, but not limited to, increased fuel costs, airport charges, increased permit costs, government charges or taxes.
We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations (which affect the cost of your travel arrangements) at any stage up until full payment is received. We will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.
Any increase in tour prices must be paid within fourteen (14) days of notification from us.
(c) Exclusions from tour price
Without limitation, the following items are excluded from the tour price: International flights; personal travel insurance; visas, passport and vaccination charges; extra meals, transport costs, accommodation costs, or other expenses not included in the itinerary; laundry, postage, personal clothing, medical expenses & items of a personal nature; emergency evacuation and/or emergency search charges; additional expenses caused by delay, accidents or disruption of planned itineraries outside of our reasonable control; tips, on-board beverages and excess; payment transaction fees; and; personal expenses.
(d) Payments
Payment schedule
Your payment schedule is outlined in the invoice section of your YouLi itinerary.
Please note that a non-refundable deposit is required to secure your place on the tour, and no bookings will be confirmed until the deposit is received by us. This may result in you missing the opportunity to be involved, so we suggest you book and pay early. Once your deposit is received, your tour place will be confirmed. Remaining payments will be outlined on your YouLi itinerary.
Payment plans
Weekly, fortnightly or monthly payment plans may be available, and you should request this option when you book. Management reserves the right to charge an administration fee for payment plans of up to 5% of your total tour fee.
Payment methods
Payment can be made by direct deposit (bank transfer) or credit card. Payment by credit card (Visa & Mastercard only), will incur a fee equal to the costs we incur for the processing of card payments.
Payment Failure
If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking and cancellation fees will apply (see below).
4. TRAVEL INSURANCE
Personal travel insurance is not included in the tour price. Adequate and valid travel insurance is compulsory for all Adventure Out Loud travellers. Your travel insurance must cover:
- accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions,
- emergency repatriation (including helicopter rescue and air ambulance where applicable)
- and personal liability.
We also suggest it covers cancellation, COVID-19, curtailment and loss of luggage and personal effects. You should also ensure your policy covers all of the adventure activities included in your itinerary, including:
- Trekking and camping without technical gear up to 6,000m (i.e. for Mt Kilimanjaro, Mt Kenya & Mt Meru) Wildlife experiences (i.e. safari, trekking with gorillas or chimps, etc.).
- Other activities you may be doing (i.e. charity immersions, hot air ballooning, bungee jumping, white water rafting, etc.).
We recommend that you take out insurance as soon as possible after you have paid your deposit because cancellation fees are chargeable from that time.
You must provide proof of insurance to us prior to departure. We reserve the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested.
Adventure Out Loud Pty Ltd, ABN 85 124 320 529 is a distributor of nib Travel Services (Australia) Pty Ltd (nib), ABN 81 115932 173, AFSL 308461 and receives a commission for nib products purchased through Adventure Out Loud Pty Ltd. Adventure Out Loud Pty Ltd acts as an agent for nib and not as your agent. Adventure Out Loud Pty Ltd cannot give advice about nib products, and any factual information provided is not intended to imply a recommendation or opinion about nib products. Before you buy, please read the Product Disclosure Statement, Financial Services Guide and Target Market Determination available from us. If you have a complaint about a nib product, see the Product Disclosure Statement for the complaints process. This insurance is underwritten by Pacific International Insurance Pty Ltd, ABN 83 169 311 193.
For any other travel insurance we may distribute, we act as an agent for the insurer and not as your agent. We cannot give advice about insurance products, and any factual information provided is not intended to imply a recommendation or opinion about any particular product.
5. CANCELLATIONS & TRANSFERS BY YOU
(a) Cancellation
Notice of cancellation must be received in writing and sent to hello@adventureoutloud.com. If it becomes necessary for you to cancel your trip, your maximum refund will be calculated using the following formula:
Total payments made or due less non-refundable costs
If after the application of cancellation fees there is a surplus of payments you have made to us, we will refund this to you within a reasonable time.
(b) Non-refundable costs
Non-refundable costs include:
- Payments made or due to suppliers that are non-refundable under our supplier’s terms and conditions
- A non-refundable deposit of 25% paid to Adventure Out Loud as fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
(c) Varying supplier terms and conditions
Each of our suppliers have different terms & conditions which will impact on your booking and the calculation of non-refundable costs. Below is a summary of typical terms and conditions for African suppliers (it is a guide only and actual terms and conditions may vary):
Type of cost |
Typical Cancellation Terms* |
Permits |
Permits are non-refundable and non-transferrable once issued. |
Domestic flights |
Tickets are non-refundable and non-transferrable once issued. |
Accommodation |
25 - 50% non-refundable deposit Remainder becomes non-refundable 30 - 60 days before arrival |
Activities |
25 - 100% non-refundable |
Transport |
25 - 50% non-refundable |
Cancellation fees specified above represent a genuine pre-estimate of our loss resulting from your cancellation and are required to protect our legitimate business interests.
Depending on your reason for cancellation, you may be entitled to make a travel insurance claim. We will gladly assist you with this claim by providing a letter summarising the tour costs you have incurred/forfeited as a result of your cancellation.
(d) Transfers
If you wish to transfer from one tour to another, you must notify Adventure Out Loud in writing by emailing hello@adventureoutloud.com. If you transfer more than 180 days before your original departure date, your deposit and any instalments paid to date will be fully transferrable, less any non-refundable costs (as outlined above), provided your withdrawal does not result in the tour’s failure to meet minimum quotas. If you request a transfer within 180 days of your original departure date, we reserve the right to apply the above cancellation fees to your booking.
6. CANCELATION BY US
Adventure Out Loud reserves the right to cancel a departure (other than due to Force Majeure or failure to satisfy minimum numbers (see below)) and will advise you of such cancellations no later than 30 days before the tour departure date, unless cancellation occurs within 30 days of departure, in which case you will be notified as soon as possible.
In this circumstance, we will do our best to offer you alternative arrangements if available. If the price of an offered alternative adventure is of lower value than the original booking and you accept the alternative arrangements, we will refund the difference to you.
If you do not accept the alternative arrangements, we will refund all payments made by you. However you agree that Adventure Out Loud will not be liable for any incidental losses or expenses that you may have incurred as a result of your booking being cancelled, including but not limited to visas, vaccinations, travel insurance premiums or non-refundable flights.
7. MINIMUM NUMBERS
All private tours do not have a minimum capacity and are confirmed once a deposit is received.
All small group tours are subject to a minimum of 6 adventurers travelling. If the tour fails to satisfy minimum numbers, we reserve the right to cancel, reschedule or to re-cost the tour. We will give you notice if this is the case no less than 30 days prior to the tour’s scheduled commencement.
If the tour is rescheduled or re-costed you will have the option within 7 days of receiving notice from us to: (a) accept and pay the cost difference; (b) accept the rescheduled tour; or (c) cancel your booking.
If either we or you cancel your booking in these circumstances, we will refund the full tour price paid by you. We will not be responsible for, and you are not entitled to claim from us, any additional amounts or any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
8. FORCE MAJEURE
In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including but not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including but not limited to hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (the events in (d) being “Government Restrictions”)).
(a) Force Majeure - Prior to travel
If:
- in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your travel arrangements cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or
- you give us notice no more than 14 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due to Government Restrictions (for example due to border closures)
then we may:
- reschedule your travel arrangements, but only if you are agreeable to the rescheduled arrangements; or
- cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either:
- i issue you with a credit equal to any credits we receive from our suppliers in respect of the cancelled travel arrangements, together with any amounts of your payments that we have not yet paid, or committed to pay, to suppliers. The credit will be redeemable within 24 months of issue against any travel services offered by us *; or
- refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred or payable by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
* Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined.
(b) Force Majeure - During travel
If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recovered third party costs plus any third party costs we don’t incur for cancelled travel arrangements only.
(c) Force Majeure – General
Where a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.
We will not be responsible for any other loss or costs you incur in connection with your booking (for example, airfares, insurance and visa expenses) if your tour or particular travel arrangements are cancelled due to an event of Force Majeure.
If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure which you accept, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events as soon as you have paid a deposit.
9. AMENDMENTS
(a) Amendments by you
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil. An amendment fee of up to $500.00 per booking will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
Please note that any changes you wish to make to your flight booking(s) after the ticket (s) have been issued are subject to amendment and cancellation fees in accordance with the carrier’s fare rules.
(b) Amendments by us
Prior to travel
Due to the dynamic nature of the travel industry, we may occasionally need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your itinerary or its inclusions (such as the substitution of multiple cities or major destinations, or the removal of key inclusions that are fundamental to the overall nature of the trip) that materially detract from the overall value of the trip (where we determine it can still proceed), then we will notify you within a reasonable time and refund you an amount attributable to any reduction in value determined by us acting reasonably.
We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a substantially comparable or higher standard. We will endeavour to minimise substitutions. You acknowledge our right to do so and agree that these substitutions will not be considered a significant change.
During travel
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. Where such changes are necessary, you agree that we may pass on any additional costs we reasonably incur in making alternative arrangements for your benefit.
General
To the fullest extent permitted by law:
- We will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications;
- If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept; and
- We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.
(c) Airlines
Any material published by us does not commit any airline whose services are used or proposed to be used in the course of the tour. In the event that an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by us. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers.
We are not responsible for any schedule changes imposed by airlines. While we will make reasonable efforts to adjust your touring and accommodation arrangements to accommodate such changes, we are not responsible for any services missed as a result. You agree that we may pass on any reasonable additional costs we incur in making alternative arrangements necessitated by an airline-imposed schedule change.
10. FITNESS TO TRAVEL & HEALTH REQUIREMENTS
(a) Health & fitness requirements
You must be in good health and physical condition and are strongly advised to follow our pre-departure fitness training recommendations, where necessary. It is your responsibility and you must advise Adventure Out Loud Pty Ltd of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention or special assistance which we cannot reasonably provide while on our tours. We reserve the right to refuse to accept any booking.
You will be required to submit a medical questionnaire which will be provided to you upon booking, and you must advise us of any medical condition which emerges after you complete the questionnaire.
If you will be trekking above 2,500m during your tour, you are older than 50 or younger than 5, or you have a pre-existing medical condition, you will be required to have a medical doctor sign a Medical Practitioners Form. You must return this form to us 60 days prior to departure. If you fail to return this form to us by no later than 60 days prior to departure or if a medical doctor does not sign this form to certify that you are physically and psychologically fit to undertake the trip, then this will be considered a cancellation by you and standard cancellation fees (as specified above) will apply.
While we do not discriminate by age, due to the extreme nature of some of our tours, we strongly discourage participants who are not physically and/or psychologically fit enough to undertake their trip.
(b) Medical Declaration
By making a booking you declare and warrant that:
- You are in good health and mental and physical fitness at the time of booking this tour;
- You have disclosed to Adventure Out Loud Pty Ltd every matter concerning your health and mental and physical fitness of which you are aware, or ought to reasonably be expected to know, that is relevant to Adventure Out Loud Pty Ltd decision to permit you to go on the adventure tour;
- Immediately upon any adverse change in your health or fitness that may be likely to affect Adventure Out Loud Pty Ltd decision to permit you to go on the adventure tour, you will notify Adventure Out Loud Pty Ltd in writing of any such adverse change;
- Adventure Out Loud Pty Ltd are permitted to disclose medical information to any consultant doctor accompanying the trip and to our suppliers to the extent our suppliers have a reasonable need to be aware of this information.
Adventure Out Loud Pty Ltd’s consultant doctor may exclude you from a tour if he/she deems it necessary. You acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and extends for the duration of the tour;
- You have taken the necessary precautions to immunise/vaccinate for the destination you are travelling to.
(c) Undisclosed or emerging medical conditions during tour
If, during the tour, we reasonably identify that you have a medical or mobility condition (including but not limited to cognitive impairment or behavioural issues) that was not declared (or inadequately declared), and it: (i) materially affects your ability to safely participate in the tour; (ii) places you, our (and our suppliers’) staff, or other travellers at risk; (iii) requires special assistance we cannot reasonably provide; or (iv) unreasonably affects the usual conduct of the tour, then we may cancel your participation in the tour.
In such cases you will not be entitled to a refund for any unused services. We may arrange for your early return home and/or additional support, and you agree to reimburse us for any reasonable costs incurred in doing so.
11. PRIOR TO TRAVEL
(a) Correct Legal Names
For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
(b) Passports, Citizenship, Visas & Vaccinations
It is a requirement that you hold a valid passport and any required visas and proof of citizenship for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given without warranty as to accuracy or completeness and you must independently verify it.
(c) Dietary Requirements
Special dietary requests are required to be notified to us at the time of booking and when completing your medical form. We will endeavour to communicate your requirements to relevant suppliers. However, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. To the fullest extent permitted by law, we expressly disclaim any liability for meals or beverages that contain allergens.
12. DURING TRAVEL
(a) Tour host’s authority
‘Host’ means the nominated host and any other nominated person given at any time the task of hosting the tour. A host is not a guide and has no responsibility for the delivery of any travel arrangements. The host’s role is limited to facilitating positive group dynamics and community and acting as a liaison with suppliers, who remain responsible for delivery of the travel services.
If, for any reason during a tour, the host acting reasonably considers you should not participate further due to you committing an illegal act, or in the reasonable opinion of the host your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the host’s instructions. In this case, you will not be entitled to any refund. Travel insurance may compensate you depending on the circumstances.
We reserve the right to change, at any time, the host of any tour. Any such change by us will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.
(b) Behaviour
In the interest of maintaining a respectful and enjoyable environment for our customers and employees/contractors, Adventure Out Loud reserves the right to exclude any person who engages in verbally, emotionally or physically abusive behaviour. Such behaviour includes, but is not limited to, the use of offensive language, threats, or any form of verbal harassment. Our team is committed to providing a positive experience for all guests, and we take the well-being of our customers and staff seriously. If we acting reasonably deem your conduct to be unacceptable, we may remove you from the tour without refund, and any additional costs incurred as a result of this exclusion will be your responsibility.
(c) Remote Areas
You acknowledge that some tours visit and include overnight accommodation in remote areas which are located considerable distances from hospitals, medical centres or other forms of medical facilities. It may take many hours before you receive any professional medical attention.
You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our (and our suppliers’) personnel providing you with first aid on the basis that: (a) they are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law Adventure Out Loud Pty Ltd representatives will not be liable for any care given or omitted.
Where a consultant doctor accompanies the tour, you acknowledge and agree that they accompany the tour as a host only, and that any medical advice, treatment or care provided by them is given by them personally in their professional capacity and not by us, and we expressly disclaim any responsibility or liability for such care.
If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. This may include attendance or evacuation by air. Evacuation, where necessary, can be prolonged, difficult and expensive.
You agree to reimburse us for any costs we incur in seeking medical treatment or evacuation on your behalf.
(d) Seatbelts & Safety Equipment
Where safety equipment is provided or required for any activity (including, without limitation, seatbelts, helmets, life vests or other protective gear), you must always wear or use the supplied equipment as directed. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident will be limited or excluded to the extent your failure to wear or use the supplied safety equipment contributed to or caused your injury or death.
(e) Unused Services
No refunds will be made for any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for.
13. ASSUMPTIONS OF RISK
Risk Acceptance
You understand and accept that your proposed tour may expose you to inherent risks and dangers. Only people in good physical and mental condition should undertake this tour. Our tours are physically and mentally challenging and you will be required to consult with your doctor and ensure that your health is sound and you are able to undertake a rigorous training program as necessary to complete your tour. You must accept that you will be traveling through remote areas where external assistance may be delayed or unavailable if an unforeseen event occurs. This may be due to medical, weather or political situations and may affect you or other members of the group or our guiding crew. You must understand and accept that a medical emergency in this remote area may be life threatening and by completing your booking form you accept these potential adverse and unfavourable conditions and potential life-threatening situations as your choice.
You acknowledge and agree that:
- By the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death;
- In the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part;
- The additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extreme weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;
- The enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour; and
- You have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State (or the Government of your country of citizenship) and that it is your responsibility to acquaint yourself with that information or advice. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.
- You will sign and return our waiver in effect at the time you make your booking at least 60 days prior to the commencement of your adventure. We will remind you to do this if you fail to return it. If you fail to return it within 7 days after we remind you, you will be deemed to have cancelled your booking and standard cancellation fees as set out above will apply.
To the fullest extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all Adventure Out Loud Pty Ltd representatives from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise from a materialisation of those inherent risks unless caused by the reckless conduct of Adventure Out Loud Pty Ltd.
Supplier Waivers
Certain services or activities included in your tour, particularly those of an adventure or high-risk nature, may be provided by independent third-party suppliers. These suppliers may require you to sign a waiver, release or other form of acknowledgment of risk before permitting you to participate in the relevant activity. You agree that:
- It is your responsibility to review and accept the terms of any such waiver required by a supplier;
- If you choose not to sign the waiver or do not meet the supplier’s eligibility requirements, the supplier may refuse to provide the service or permit your participation in the activity;
- In such circumstances, you will not be entitled to any refund or compensation from us for the affected service or any resulting impact on your overall tour experience.
14. INDEPENDENT SERVICES
We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as an agent for the principal operator. Any advice or recommendation made by a guide or local representative, or any assistance given by us, does not make Adventure Out Loud Pty Ltd representatives liable for delivery of such services.
We accept no responsibility for travel by participants outside of the official tour dates set out in your itinerary and this agreement, including, but not limited to, international flights and transfers. All costs incurred during this travel will be the responsibility of each participant.
15. RESPONSIBILITY
(a) When we act as agent
We are selling travel arrangements as an agent for a principal operator (for example, an airline), our role is limited solely to facilitating your contract with that principal operator for the supply of the relevant travel arrangements. You acknowledge and agree that:
- the principal operator’s booking terms and conditions will govern your contract for those arrangements;
- any claims, complaints or disputes relating to the supply or failure to supply those arrangements must be directed to the principal operator and not to us;
- we are not responsible for any act, omission or default of the principal operator or of any person engaged by the principal operator in connection with the supply of the travel arrangements; and
- you will not bring any claim against us in connection with the supply (or failure to supply) of the travel arrangements by the principal operator.
Please also note that we may receive commissions or other financial benefits in connection with the sale of travel-related services provided by third parties which we sell as an agent.
(b) When we are the principal operator
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control could include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), attraction and venue operators and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we own, operate or control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
(c) Recreational services
If we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.
This exclusion does not apply to significant personal injury caused by Adventure Out Loud Pty Ltd's reckless conduct.
Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
(d) General liability limitation
We do not guarantee our schedule. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.
16. SPECIAL ARRANGEMENTS
(a) Sponsorship accommodation entitlements
Where a participant is a sponsor who is entitled to a discount on the cost of their stay at a charity they support, Adventure Out Loud Pty Ltd reserves the right to use this entitlement as part of the tour itinerary. For example, St Jude sponsors are entitled to 7 night’s free accommodation. Adventure Out Loud reserves the right to use these 7 free nights as part of our tour itinerary. Should a participant stay for longer than their entitled free days due to personal travel that is outside of the tour itinerary the cost incurred will not be the responsibility of Adventure Out Loud Pty Ltd and is considered a personal expense outside of the tour and payable by the participant.
(b) Donations made to charity partners
Adventure Out Loud does not take any responsibility for donations made by you to charities you meet during your trip. This relationship is between you and the charity you donated to, and disputes should be addressed to that charity.
17. COMPLAINTS
In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.
If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant).
If you fail to follow this procedure, this may limit your rights to make a claim.
18. IMAGE RELEASE
You agree that Adventure Out Loud Pty Ltd (and our suppliers) may use video footage and images of you taken during the tour without recourse to you and without compensation to you, for publicity and promotion purposes through whatever medium it chooses. If you do not agree to Adventure Out Loud Pty Ltd using these images, you must inform Adventure Out Loud Pty Ltd in writing by emailing hello@adventureoutloud.com prior to the departure of the tour. If you wish to not be included in promotions we will make reasonable effort to do so while still maintaining the ability to use the media content.
19. GENERAL
(a) Deemed Acceptance
If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
(b) Minors
If a participant is under 18 years of age, their parent or legal guardian agrees to these Booking Conditions both on their own behalf and on behalf of the minor participant. The parent or legal guardian of that participant agrees to indemnify and hold Adventure Out Loud Pty Ltd (and its directors, officers and employees) harmless from and against any claim, liability, loss, cost or expense arising from or in connection with the participant’s involvement in the tour, to the extent that such claim would have been limited, excluded or otherwise barred had the participant been of legal age and capable of providing informed consent and agreeing to these participant conditions on their own behalf.
(c) Governing Law
The contract between Adventure Out Loud Pty Ltd and you is governed by the laws of the State of Queensland. Any disputes shall be exclusively dealt with by a court with the appropriate jurisdiction in Queensland.
(d) Severability
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
(e) Transfer of Rights
You may not transfer your booking or any rights under these Booking Conditions to another person without our prior written consent.
(f) Privacy
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy.
These Terms & Conditions are in effect from 10-09-2025. The previous Terms & Conditions can be found here