Terms & Conditions
of travel with Airlie Adventure Tours.

TERMS AND CONDITIONS

These Terms and Conditions ("Agreement") govern the use of services provided by Airlie Adventure Tours ("we," "us," or "our"). By making a booking with us, you ("the Customer" or "you") agree to be bound by these Terms and Conditions. Please read them carefully before booking any tours or activities.

1. Booking and Payment

1.1. Booking Process
To book a tour with Airlie Adventure Tours, complete the booking form and provide the necessary details, including personal and payment information. Unless otherwise stated, your booking is only confirmed once full payment has been received.

1.2. Payment
Full payment is required at the time of booking unless otherwise stated. Payments can be made. All prices are quoted in Australian dollars (AUD) and include applicable taxes, unless otherwise indicated.

1.3. Booking Confirmation
Once your payment is received, you will receive a booking confirmation email from Airlie Adventure Tours containing the details of your tour, including date, time, and location. Please review the confirmation carefully to ensure all details are correct.

2. Cancellation and Refunds

2.1. Customer Cancellations
You may cancel your booking up to 24 hours before the scheduled tour departure time for a full refund. Cancellations made within 24 hours of the tour or no-shows will result in a 100% charge of the tour price, and no refund will be provided.

2.2. Changes to Booking
If you wish to change your booking (e.g., reschedule), please notify Airlie Adventure Tours at least 24 hours before your tour. Changes are subject to availability and may incur additional charges.

2.3. Cancellation by Airlie Adventure Tours
Suppose we need to cancel your tour due to unforeseen circumstances, such as extreme weather, safety issues, or other force majeure events. In that case, we will offer you the option to reschedule the tour or provide a full refund.

2.4. Force Majeure
We are not liable for cancellations or delays caused by events outside our control, such as natural disasters, pandemics, strikes, or government-imposed restrictions. In these cases, Airlie Adventure Tours will offer a full refund or rescheduling options where possible.

3. Tour Operations

3.1. Itinerary and Changes
Airlie Adventure Tours makes every effort to provide tours as described on the website or promotional materials. However, Airlie Adventure Tours reserves the right to modify the itinerary or cancel the tour due to unforeseen circumstances, such as weather, safety concerns, or operational issues. If significant changes are made, you will be notified in advance.

3.2. Tour Minimums
Some tours may require a minimum number of participants to operate. If the minimum number is not met, Airlie Adventure Tours reserves the right to cancel the tour. In such cases, you will be offered the option to reschedule or receive a full refund.

4. Customer Responsibilities

4.1. Health and Safety
You must be in good health and physically capable of participating in the chosen tour. If you have any medical conditions or concerns, please inform Airlie Adventure Tours before booking. Airlie Adventure Tours reserves the right to refuse participation if your health or safety is at risk.

4.2. Age Restrictions
Specific tours may have age restrictions. Please check the particular tour details for any age requirements. An adult must accompany children under the age of 16.

4.3. Behaviour and Conduct
Airlie Adventure Tours expects all customers to behave responsibly and respectfully during the tour. Airlie Adventure Tours reserves the right to remove any customer from the tour if their behaviour is disruptive, unsafe, or harmful to other participants or the environment. No refund will be given in such cases.

4.4. Personal Belongings
Customers are responsible for their personal belongings. Airlie Adventure Tours is not liable for any loss, theft, or damage to personal items during the tour.

5. Liability

5.1. Limitation of Liability
While Airlie Adventure Tours takes all reasonable precautions to ensure your safety, Airlie Adventure Tours is not liable for any injury, loss, damage, or accident that occurs during the tour, except where the negligence or wilful misconduct of Airlie Adventure Tours directly causes such injury or damage.

5.2. Force Majeure
Airlie Adventure Tours is not responsible for failure to fulfil any part of this Agreement due to circumstances beyond its control, including but not limited to natural disasters, pandemics, strikes, government restrictions, or other unforeseen events.

6. Insurance

We strongly recommend that all customers have adequate travel insurance to cover unforeseen events such as cancellations, medical emergencies, personal accidents, or lost baggage. We do not provide travel insurance.

7. Privacy and Data Protection

Airlie Adventure Tours respects your privacy and is committed to protecting your personal information. Any personal data you provide during the booking process will be used by our Privacy Policy, which can be reviewed on our website.

8. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising from or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in Queensland, Australia.

9. Amendments to Terms and Conditions

We reserve the right to amend or update these Terms and Conditions at any time. Any changes will be posted on the website, and the updated version will apply to any new bookings made after the change date.

PRIVATE TOUR CANCELLATION POLICY

Cancellations outside 7 days of departure incur no charges other than any pre-committed expenses.
Cancellations within 7 days of departure incur a 25% cancellation fee plus any pre-committed expenses.
Cancellations within 72 hours of departure incur a 100% cancellation fee.

Legal Waiver Release of Liability

Warning: Read Carefully Before Booking

This Legal Waiver and Release of Liability ("Waiver") is executed by the undersigned participant ("Participant," "you," or "your") in favour of Airlie Adventure Tours, its officers, directors, employees, agents, affiliates, and any related entities ("Airlie Adventure Tours").

By signing this Waiver, you acknowledge that swimming at Cedar Creek Falls ("the Activity") is a potentially hazardous activity and that your participation is voluntary. You agree to the following:

1. Acknowledgement of Risk
You acknowledge that swimming at Cedar Creek Falls involves inherent risks, including but not limited to drowning, slippery surfaces, sudden changes in water conditions, wildlife encounters, and weather hazards. You fully understand and voluntarily accept these risks.

2. Release of Liability
To the fullest extent permitted by law, you release, waive, and discharge Airlie Adventure Tours from any liability, claims, demands, or causes of action arising out of your participation in the Activity, including injuries, death, property damage, or loss, except in cases of wilful misconduct or gross negligence.

3. Indemnification
You agree to indemnify and hold harmless Airlie Adventure Tours from any claims, damages, losses, or expenses arising from your participation, including third-party claims.

4. Health and Fitness
By participating, you confirm you are in good health and fit for the Activity. Disclose any relevant health conditions to Airlie Adventure Tours before participating.

5. Safety and Behaviour
You must follow all safety instructions provided by our staff and behave responsibly. We may remove any participant for unsafe or disruptive behaviour without a refund.

6. Assumption of Responsibility
You assume full responsibility for your safety, actions, and belongings during the Activity.

7. Consent to Medical Treatment
You consent to emergency medical treatment if required and agree to bear all associated costs.

8. Photographs and Media Release
You grant Airlie Adventure Tours permission to use photographs or video recordings taken during the Activity for promotional purposes without compensation.

9. Governing Law and Jurisdiction
This Waiver is governed by Queensland law. Any disputes will be subject to the courts of Queensland.

10. Severability
If any part of this Waiver is invalid, the remainder remains in full effect.

Final Booking Agreement
By booking a tour, you acknowledge and agree to be bound by all Terms and Conditions, Waivers, and Policies listed herein. This agreement constitutes a legally binding contract between you and Airlie Adventure Tours.

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