BURRAGA TOURS - BOOKING TERMS & CONDITIONS

These Booking Conditions set out the terms on which you contract with The Burraga Foundation (ABN 15 610 913 114) of 262 Liverpool St, Darlinghurst NSW 2010. By making a booking with us, you acknowledge that you have read, understood, and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.

"You" and "Your" means all persons named in a booking (including anyone who is added or substituted at a later date). "We", "us", "our", and "Burraga Tours" means The Burraga Foundation.

1. BOOKINGS

A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. At this point, a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.

2. SERVICES

We commence providing services to you as soon as we accept your booking. This includes work undertaken prior to travel to arrange and coordinate the delivery of your tour arrangements. The services we provide to you are limited to the arrangement and coordination of your day tour arrangements in Sydney, Australia, and the delivery of tour arrangements which we directly control.

3. PRICES & EXCLUSIONS

Prices stated are in Australian Dollars ($AUD) and are current at the time of publication. The most up-to-date pricing is available on our website. The price includes transportation, tour guiding services, and other inclusions as per the published itinerary for each specific tour. Meals, unless specifically stated, and items of a personal nature are not included.

4. PRICES VARIATIONS

We reserve the right to vary the cost of your tour arrangements prior to commencement due to circumstances beyond our control.

If we impose a surcharge of more than 10% of the cost of your tour arrangements, you may cancel your tour arrangements and receive a full refund of payments made for those arrangements. You must exercise this right within 14 days after receipt of a surcharge invoice.

5. MINIMUM NUMBERS

Tours are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking. If a trip fails to satisfy minimum numbers, the trip may be cancelled

or re-costed. If the trip is re-costed, you will have the option to either accept the new cost or to cancel your booking. You must make this election within 14 days of receiving notice from us. If the trip is cancelled or if you cancel your booking in these circumstances, we will at your election refund all payments made or credit payments towards alternative arrangements.

6. DEPOSIT

Group Bookings:

A 50% deposit per person (whichever is greater) is required within 7 days (unless otherwise stated) of us accepting your booking. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.

6. FINAL PAYMENT

Group Bookings:

Payment in full must be received no less than 7 days before the commencement of your tour. If you fail to make payment by the due date, we will remind you to make payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.

7. CANCELLATIONS BY YOU

You may cancel your booking by giving written notice to us. Cancellation fees and charges will be levied as follows:

  • More than 14 days before the tour: Full refund less 20% administration fee per person.

  • 7 to 14 days before the tour: 50% of the tour price.

  • Less than 7 days before the tour or no show: 100% of the tour price.

The cancellation charges specified above represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.

For group departures, a transfer of a confirmed booking to another departure date is deemed to be a cancellation of the original booking.

8. ILLNESS PREVENTING TRAVEL

If you due to any illness or suspected illness are prevented from commencing or continuing your trip, then:

  • if you have already commenced your tour, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the tour. This will be at your cost.

  • if you have not commenced your trip then we regret we will not be in a position to provide such assistance.

We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your tour and servicing your booking.

We strongly encourage you to purchase travel insurance that adequately responds to cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.

9. OTHER CANCELLATIONS

  • 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. If we cancel your tour arrangements due to a Force Majeure event, we will offer you a full refund or the option to reschedule your tour. We will not be responsible for any other loss or expenses you incur in connection with your booking if your tour is cancelled due to an event of Force Majeure.

  • Other Cancellations by Us: If we cancel your tour arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of tour arrangements of substantially equal quality if appropriate.

10. AMENDMENTS BY US

Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your tour, then we will notify you within a reasonable time and you may elect to:

  • proceed with the tour – if in our reasonable opinion the changes result in a reduction in the value of services, then we will refund you an amount attributable to the reduction determined by us acting reasonably; or

  • cancel your tour, in which case we will refund you all payments received by us at that time.

If you do not make an election in writing within 7 days of us notifying you of the significant change, then you will be deemed to have elected to proceed with the tour.

11. UNUSED & DENIED SERVICES

No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for.

12. TRAVEL INSURANCE

It is strongly encouraged that you are adequately insured. We recommend comprehensive travel insurance to cover cancellation, medical requirements and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.

13. HEALTH & FITNESS

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the tour of your choice. If you have doubts about your ability to undertake the tour, please contact us to discuss your circumstances prior to making a booking request. You must advise us of any medical conditions which may reasonably be expected to increase your risk of needing medical attention or which may affect the normal conduct of the tour prior to or at the time you make your booking request. We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking.

14. DIETARY REQUIREMENTS

Special dietary requests are required to be notified to us at the time of booking. 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. We expressly disclaim any liability for meals or beverages that contain allergens other than in circumstances where we have been negligent.

15. 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 agent for the principal operator. Any advice or recommendation given by us, a guide, or local representative is made in good-faith, based on known information, and does not make us responsible for the acts or omissions of the principal operator of the excursion or activity.

16. ACCEPTANCE OF RISK

General

You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. Risks may include, but are not limited to:

  • Travel in remote areas

  • Physical exertion

  • Contact with local wildlife

  • Exposure to varying weather conditions

  • Acts of God

  • Accidents and illnesses

  • Inadequate medical facilities

  • Criminal activity

  • Assumption of Responsibility

You are responsible for making your own assessment of the risks and dangers associated with your travel and for taking appropriate precautions to protect yourself. You assume full responsibility for any injury, illness, damage, loss, or expense that you may suffer as a result of any of the risks described above.

Release and Waiver

To the fullest extent permitted by law, you release and waive any claims that you may have against us (and our directors, officers, employees, and suppliers) for any injury, illness, damage, loss, or expense that you may suffer as a result of any of the risks described above, except to the extent that such injury, illness, damage, loss, or expense is caused by our gross negligence or willful misconduct.

17. AUTHORITY ON TOUR

When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens the safety of others on the tour or significantly disrupts their enjoyment, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.

We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of cancellation in these circumstances.

18. IMAGE RELEASE

When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 7 days prior to the commencement of your tour.

19. GENERAL

The contract between th The Burraga Foundation and you is governed by the laws of the State of New South Wales. Any disputes shall be dealt with by a court with the appropriate jurisdiction in New South Wales.

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.

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, which is published here.

Updated: 27/02/2025