Last Updated: 1 December 2024
Introduction
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Homoprifer Tours Pty Ltd (ABN: 12 345 678 901) ("Company", "we", "our", or "us"). These Terms govern your use of our website (homoprifer.com), booking of tours, and participation in our services.
By making a booking, using our website, or participating in our tours, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not book our tours or use our services.
Definitions
- "Tour" means any travel service, experience, or package offered by Homoprifer Tours
- "Booking" means a confirmed reservation for a Tour
- "Customer" means the person making the booking and all participants included in the booking
- "Force Majeure" means events beyond our reasonable control including natural disasters, pandemics, war, terrorism, or government restrictions
- "Tour Price" means the total cost of the Tour as confirmed in your booking
Booking and Confirmation
Making a Booking
To make a booking, you must:
- Be at least 18 years old or have parental/guardian consent
- Provide accurate and complete information
- Pay the required deposit or full payment
- Agree to these Terms and Conditions
- Meet any specific tour requirements (fitness, experience level, etc.)
Booking Confirmation
A booking becomes confirmed when:
- We receive your completed booking form
- We receive your deposit or full payment
- We send you written confirmation via email
- All tour requirements and conditions are met
Payment Terms
- Deposit: Minimum 30% deposit required to secure booking
- Final Payment: Balance due 30 days before tour departure
- Late Payment: Bookings may be cancelled for non-payment
- Currency: All prices quoted in Australian Dollars (AUD)
- Payment Methods: Credit card, bank transfer, or other approved methods
Pricing and Inclusions
Tour Prices
Our tour prices include:
- Professional guide services
- Transportation during tour activities (as specified)
- Entry fees to included attractions and activities
- Meals as specified in the tour itinerary
- Accommodation as specified in the tour package
- Safety equipment where required
Not Included
Unless specifically stated, tour prices do not include:
- International or domestic flights to/from tour starting points
- Travel insurance (strongly recommended)
- Personal expenses (souvenirs, additional meals, drinks)
- Tips and gratuities
- Visa fees or passport costs
- Medical expenses or medications
- Optional activities not specified in the itinerary
Price Changes
Tour prices may be subject to change due to:
- Currency fluctuations (for international bookings)
- Fuel surcharges
- Government tax changes
- Significant increases in supplier costs
Price increases will only apply to bookings made after the change is announced. Confirmed bookings will not be subject to price increases except in exceptional circumstances with 30 days' notice.
Cancellation and Refund Policy
Customer Cancellations
If you need to cancel your booking, the following charges apply:
- More than 60 days before departure: Loss of deposit (30% of total cost)
- 31-60 days before departure: 50% of total tour cost
- 15-30 days before departure: 75% of total tour cost
- Less than 15 days before departure: 100% of total tour cost (no refund)
Company Cancellations
We may cancel a tour due to:
- Insufficient bookings (minimum numbers not met)
- Safety concerns or adverse weather conditions
- Force Majeure events
- Operational requirements
If we cancel your tour:
- Full refund of all payments made
- Alternative tour dates or experiences (if available)
- No liability for additional expenses incurred
- Minimum 14 days' notice (except for safety or Force Majeure)
Transfer and Name Changes
- Date Changes: Subject to availability and may incur additional costs
- Name Changes: $50 administration fee per change
- Transfer to Another Person: Allowed with 30 days' notice, subject to tour requirements
- Changes within 30 days: Treated as cancellation and rebooking
Participant Requirements and Responsibilities
Health and Fitness
Participants must:
- Be in good physical and mental health for their chosen tour
- Disclose any medical conditions that may affect participation
- Carry necessary medications and inform guides of requirements
- Meet minimum age requirements and supervision needs
- Obtain medical clearance if requested
Documentation
You are responsible for ensuring you have:
- Valid passport (minimum 6 months validity for international visitors)
- Appropriate visas or entry permits
- Travel insurance documentation
- Medical certificates if required
- Emergency contact information
Conduct and Behaviour
Participants must:
- Follow guide instructions and safety guidelines
- Respect other participants, guides, and local communities
- Comply with local laws and customs
- Not engage in illegal activities or excessive alcohol consumption
- Respect environmental and cultural sites
We reserve the right to remove participants who:
- Endanger themselves or others
- Engage in inappropriate behaviour
- Fail to follow guide instructions
- Disrupt the tour experience for others
No refund will be provided for removal due to misconduct.
Safety and Risk
Adventure Tourism
Our tours may involve inherent risks including but not limited to:
- Outdoor activities in natural environments
- Weather-related risks
- Wildlife encounters
- Physical activities requiring moderate fitness
- Remote locations with limited medical facilities
Safety Measures
We provide:
- Qualified and experienced guides
- Safety briefings before activities
- Appropriate safety equipment
- Emergency communication devices
- Comprehensive public liability insurance
Participant Responsibilities
You must:
- Follow all safety instructions
- Use provided safety equipment correctly
- Inform guides of any concerns or limitations
- Make responsible decisions about your participation
- Understand that some risk cannot be eliminated
Travel Insurance
Mandatory Requirement
We strongly recommend and may require comprehensive travel insurance that covers:
- Medical expenses and emergency evacuation
- Trip cancellation and interruption
- Adventure activities and sports
- Personal property and baggage
- Travel delays and missed connections
Insurance Claims
Insurance claims are between you and your insurance provider. We will:
- Provide necessary documentation for claims
- Assist with incident reports
- Not accept liability for insurance claim decisions
- Recommend appropriate insurance providers
Itinerary Changes
Right to Modify
We reserve the right to modify tour itineraries due to:
- Weather conditions and safety concerns
- Natural disasters or environmental factors
- Government restrictions or closures
- Operational requirements
- Force Majeure events
Alternative Arrangements
When changes are necessary, we will:
- Provide comparable alternative experiences where possible
- Maintain the overall tour value and character
- Inform participants as soon as reasonably possible
- Offer partial refunds for significant downgrades
- Not be liable for disappointment or additional expenses
Liability and Limitations
Company Liability
Our liability is limited to:
- The total amount paid for your tour
- Direct damages resulting from our negligence
- Services directly provided by us
- Incidents within our direct control
Excluded Liability
We are not liable for:
- Acts or omissions of third-party suppliers
- Natural disasters or weather-related incidents
- Participant medical conditions or injuries
- Lost or damaged personal property
- Costs arising from trip delays or cancellations
- Consequential or indirect damages
- Events beyond our reasonable control
Third-Party Suppliers
We work with various suppliers including:
- Accommodation providers
- Transport companies
- Activity operators
- Restaurant and catering services
These suppliers operate under their own terms and conditions. We are not responsible for their acts, omissions, or failures to provide services.
Photography and Media
Use of Images
By participating in our tours, you consent to:
- Photography and filming during tour activities
- Use of your image in our marketing materials
- Sharing photos on our website and social media
- Use in promotional brochures and advertisements
Opting Out
You may opt out by:
- Informing your guide at the start of the tour
- Requesting removal of specific photos
- Contacting us after the tour if concerns arise
Your Photos
You may take photos during tours, subject to:
- Respect for other participants' privacy
- Cultural and religious restrictions
- Wildlife and environmental protection guidelines
- Safety considerations
Force Majeure
Definition
Force Majeure events include:
- Natural disasters (earthquakes, floods, bushfires)
- Pandemic or health emergencies
- War, terrorism, or civil unrest
- Government restrictions or border closures
- Strikes or labour disputes
- Infrastructure failures
Impact on Tours
During Force Majeure events, we may:
- Cancel or postpone tours
- Modify itineraries significantly
- Suspend operations temporarily
- Implement additional safety measures
Refund Policy
For Force Majeure cancellations:
- Full refund of payments made
- Credit for future tours (valid for 24 months)
- No additional compensation for expenses
- No liability for consequential losses
Disputes and Governing Law
Dispute Resolution
For any disputes, we encourage:
- Direct Communication: Contact us first to resolve issues
- Mediation: Use of professional mediation services
- Industry Bodies: Australian Federation of Travel Agents (AFTA)
- Legal Action: As a last resort through Australian courts
Governing Law
These Terms are governed by:
- Laws of Victoria, Australia
- Australian Consumer Law
- Tourism industry regulations
- Jurisdiction of Victorian courts
Consumer Rights
Nothing in these Terms limits your rights under Australian Consumer Law, including:
- Right to services with due care and skill
- Right to fit-for-purpose services
- Right to refund for major failures
- Right to compensation for losses
Changes to Terms
Modifications
We may update these Terms to reflect:
- Changes in laws and regulations
- New business practices
- Industry best practices
- Customer feedback
Notification
Changes will be communicated through:
- Website updates with new effective dates
- Email notifications to past customers
- Booking confirmation updates
- Social media announcements for major changes
Continued use of our services after changes constitutes acceptance of new Terms.
Contact Information
For questions about these Terms or to discuss specific booking conditions:
Homoprifer Tours Pty Ltd
Level 12, 123 Collins Street
Melbourne VIC 3000
Australia
Email: [email protected]
Phone: +61 3 9123 4567
General Enquiries: [email protected]
Business Hours:
Monday - Friday: 9:00 AM - 6:00 PM AEST
Saturday: 10:00 AM - 4:00 PM AEST
Sunday: By appointment
Acknowledgment
By booking a tour with Homoprifer Tours, you acknowledge that:
- You have read and understood these Terms of Service
- You agree to be bound by all terms and conditions
- You understand the risks associated with adventure tourism
- You have provided accurate information in your booking
- You will comply with all tour requirements and guidelines
We look forward to providing you with an exceptional Australian adventure while ensuring your safety and satisfaction throughout your journey with us.
Thank you for choosing Homoprifer Tours!