Terms & Conditions

Please take the time to read and understand our Terms & Conditions set out below before booking a trip with us.  We strongly recommend that you also read the Trip Notes and itinerary on our website prior to booking, to make sure you are familiar with the physical and adventurous style of our tour.  If you have booked a charter, we will send you your own personal itinerary. 

OUR CONTRACT

All direct bookings are made with Kimberley Off-Road Adventure Tours Proprietary Ltd / Kapalga Travel Proprietary Ltd (ABN 86612722648) (us/we/Kimberley Off-Road Adventure Tours/Kapalga Travel). By booking a trip with us you are deemed to have read, understood and agreed to the Terms & Conditions outlined below, which at the time of booking becomes the entire agreement (the contract) between you and us.  We will accept your booking on this basis.  Your booking confirmation invoice will contain the services provided to you by us.

At the time of booking we will issue you with the booking confirmation invoice.  Once you receive the confirmation invoice you understand and accept that the contract becomes binding and exists between you and Kimberley Off-Road Adventure Tours/Kapalga Travel.

 INFORMATION REGARDING COVID-19

Kimberley Off-Road Adventure Tours/Kapalga Travel have completed our COVID-19 plan at the request of the NT government and we have been issued with our Statement of Commitment.

We ask all passengers:

- If you are feeling unwell with cold or flu-like symptoms please do not join the tour or get tested prior to joining the tour to confirm your symptoms are not COVID related

- If you feel you may have been exposed to COVID-19 please get tested prior to joining the tour

When you join the tour, your guide will brief you on the hygiene practices we recommend to follow whilst on tour.  We will carry hand sanitiser and cleaning products; there will be signage on the truck as a reminder to follow best hygiene practices.  Please feel free to bring your own hand sanitiser if you would prefer.

We recommend all passengers bring a mask with them, it is your choice whether you want to wear it or not. 

If you test positive before the tour departs or whilst on tour, you will not be able to join the tour or you will need to leave the tour at the next closest town. You will be responsible for all costs associated with leaving the tour.  It will be up to you to make your way to the tour’s end destination at your own cost. 

We highly recommend all passengers take out travel insurance and make sure they are covered for such an event.

UNFORESEEN CIRCUMSTANCES

If circumstances arise which are beyond the control of Kimberley Off-Road Adventure Tours/Kapalga Travel such as:

  • Threat from terrorist activities

  • Change in road conditions

  • Natural disasters

  • Political unrest

  • Pandemic

…or any other external events which the company deems could affect the running of the tour or create unknown risks, then Kimberley Off-Road Adventure Tours/Kapalga Travel has the right to change or alter the itinerary, or cancel the tour.  In the case of this happening we will provide you with a refund minus any unrecoverable costs.

 

DEPARTURE TIMES

Due to factors out of our control, such as road conditions, weather conditions and the long distances we cover, Kimberley Off-Road Adventure Tours/Kapalga Travel is unable to guarantee arrival and departure times.  Therefore we do not accept any liability if you miss a transfer or connection with another service provider.  When booking any transfers or connections please be mindful of the fact that due to the local conditions, travel times might change, so you are reminded to be flexible with any other bookings you decide to make.

ITINERARY CHANGES

By booking our tour you accept that the itinerary can change or be altered at anytime, and you understand that when booking, you are agreeing to any changes that may occur.  The itinerary lays out the type of tour you can expect but it is important you understand that when traveling on this style of tour conditions can change, and therefore alter what is possible on the tour.  We use guides who are very familiar with the regions we travel in. Our guides will always strive to provide you with the best tour under the circumstances.  

 

TRAVEL INSURANCE

Kimberley Off-Road Adventure Tours/Kapalga Travel recommends that you purchase travel insurance at the time of booking to adequately cover yourself against personal accident, death, medical expenses, emergency repatriation, COVID, loss or damage of personal items and personal liability. 

Whilst on our tour you will be walking on uneven ground and traveling in remote areas with very limited and sometimes no facilities; therefore there is a degree of personal risk. 

We also recommend that your travel insurance covers you for any unexpected circumstances that arise and cause you to cancel your tour with us. The deposit is non-refundable and therefore we strongly suggest you make sure you can be reimbursed by your insurance company should you need to cancel your booking.

Kimberley Off-Road Adventure Tours/Kapalga Travel does not accept liability for:

  • Tour cancellations

  • Any medical emergency

  • Personal injury

  • Loss or damage to personal items

We are a small tour operator and cancellations by customers prior to the tour departing affects us significantly, therefore it is essential for us to abide by our policy in all circumstances. If you choose to travel with no insurance, you do so at your own risk, and we highly recommend that you familiarise yourself with our cancellation policy.

Please note, we are unable to recommend any insurance companies; it is your responsibility to insure your travel insurance covers you for your individual needs.

BOOKINGS, DISCOUNTS & REFUNDS

All our prices are in Australian dollars and include GST. Kimberley Off-Road Adventure Tours/Kapalga Travel has the right to alter the tour prices at anytime.

You have the option to pay by card or bank transfer. Please note there is a 1.75% surcharge added to any card payments and there is also a $25 booking fee with each booking.

A non-refundable deposit of 25% of the original cost (not a discounted price) is required per person per tour at the time of booking to secure your seat, and you must pay the full balance on or before 30 days of your tour departing.  Please refer to your booking confirmation invoice for your final balance.  If you book within 30 days of your tour departing, you must pay the full fee at the time of booking.   

If you have not paid your deposit your booking and/or if you have not completed your full payment 30 days before your tour departs, Kimberley Off-Road Adventure Tours/Kapalga Travel reserves the right to treat your booking as cancelled.

Kimberley Off-Road Adventure Tours/Kapalga Travel will not accept any responsibility for costs you may incur as a result of booking on our tour i.e. travel insurance excess, non-refundable flights, etc.

From time-to-time we advertise discounts on our tours on platforms such as but not limited to Google, Facebook, our website and Gumtree.  We may decide to offer an exclusive discount to customers on one of these platforms only.  If you book with us and discover a discount after your booking is confirmed; Kimberley Of-Road Adventure Tours is not obliged to retrospectively alter your booking to apply the discount.  If you find a discount after you have made your booking, which offers more money off than the discount you received, we will not honour the extra discount retrospectively.  

You can only receive one discount at any given time and all offers advertised on kimberleyoffroadtours.com apply to direct bookings only, unless specified otherwise.

 

CANCELLATION

If for any reason you need to cancel your booking we ask that you confirm this with us in writing and then we will start to process your request.  Please be aware the following fees will apply:

30+ days prior to departure your deposit is non-refundable

14 – 29 days prior to departure 50% of the total price of the tour

0 – 14 days prior to departure 100% of the total price of the tour

If you need to cancel please notify us by email at info@kimberleyoffroadtours.com and write ‘Cancellation {date of tour}’ in the title of the email.  If you fail to join the tour, join it after departure or you decide to leave the tour at anytime, Kimberley Off-Road Adventure Tours/Kapalga Travel will not provide a refund.

Kimberley Off-Road Adventure Tours/Kapalga Travel reserves the right to cancel or postpone any tour at anytime prior to departure.  This could be the result of road and/or weather conditions, natural disasters, mechanical defect, cultural considerations or other external events that means we are unable to operate the itinerary. In this case we can offer you a complete refund of the monies paid to Kimberley Off-Road Adventure Tours/Kapalga Travel or transfer the costs to another tour.  We are not responsible for any incidental expenses that you may incur as a result of your booking being cancelled or altered by us. 

 

CHANGING TOURS

If you wish to transfer your tour to a different departure date please put it in writing to us by sending an email to info@kimberleyoffroadtours.com  It is helpful if you put in the title of your email ‘Tour change’.  Kimberley Off-Road Adventure Tours/Kapalga Travel are not obliged to accept your request or to change your tour date departure. It will depend on how much notice we receive about the change, the departure dates and whether there are seats available. We will not transfer a seat if we receive the request within 60 days of your original tour departure date. There will be a fee involved in transferring your seat.

 

LIMITATION OF LIABILITY

Kimberley Off-Road Adventure Tours/Kapalga Travel is not responsible for the acts or errors of the companies, agents and individuals who work with us, and we do not accept liability for any failure or wrongdoing relating to companies, agents or individuals that we are associated with or work with as a result of operating our tours. 

As much as it is possible under law, you will not hold Kimberley Off-Road Adventure Tours/Kapalga Travel or any of our employees, agents and/or representatives liable for any loss, death, injury or damage, which you might experience (directly or indirectly) in connection with or as a result of coming on our tour. 

As much as permitted by law, you agree to release Kimberley Off-Road Adventure Tours/Kapalga Travel, their employees, agents or representatives from any breach of these Terms & Conditions; and you agree to waive any claims you make against us which, in someway, are related to your (or your child’s) involvement on our tours. 

You also agree that you will not hold Kimberley Off-Road Adventure Tours/Kapalga Travel or any of our employees, agents and/or representatives liable under any condition or warranty implied by law into these Terms & Conditions (Implied Warranty).

When an Implied Warranty cannot be excluded under law, our liability in regards to the Implied Warranty is limited to, under our discretion, offer of a refund of the total monies you paid to us in relation to your booking.

Any claim of loss made by you against Kimberley Off-Road Adventure Tours/Kapalga Travel or any of our employees, agents and/or representatives, which is indirect or consequential loss, for example, loss of profits or income will be excluded. 

 

MEDICAL

It’s important that you declare any pre-existing medical and/or health conditions when you book the tour with us.  Failure to do so could result in not being able to join the tour or being removed from the trip.  In this case no refunds will be given.

 

INCLUSIONS & FLEXIBILITY

The locations you will visit on our tour are explained in the itinerary.  Please note the itinerary is a guide only; your tour leader will follow it provided it is safe and possible under the current conditions.  Due to the fact that we travel in remote areas in tropical conditions and on rough terrain, our tours can be affected by poor road conditions and/or extreme weather, which might result in a change of itinerary, with little or no notice.  There is also the possibility that the tour could be affected by public holidays, local festivals or other events, including emergency situations or injury to a fellow passenger, which could result in changes to the itinerary. In any case of an itinerary change Kimberley Off-Road Adventure Tours/Kapalga Travel is not responsible for providing refunds or any additional expense incurred by the passenger/s.  

We reserve the right to change the itinerary at anytime; by traveling with us you accept this and understand our type of trip requires flexibility.  This means you understand that the route, vehicle, available facilities and/or schedules can change without notice. 

You acknowledge and accept that when traveling in remote locations on rough terrain this can, at times, cause minor or major issues with the vehicle you are traveling in.  Your guide will be experienced in how to deal with many of these matters and can often fix them on location, however we cannot 100% guarantee this as it depends on the nature of the problem.  Kimberley Off-Road Adventure Tours/Kapalga Travel will not provide refunds for any delays or changes made to your tour due to vehicle issues, or refund any other costs or fees obtained by passengers due to such an incident.

As explained in our itineraries and our Trip Notes you will be camping at nighttime and you will be provided with a tent and swag.  It also explains the transport, activities and meals provided as well as the fact that you will have the services of a group leader whilst on tour.  If you are traveling with us on a private charter your transport, activities and meals will be described in the personal itinerary we create for you.  Please be aware that any optional activities mentioned are covered at your own cost.  They are not included in the trip price and are not part of the tour or this contract. You accept that any help given by your guide in arranging any optional activities does not render Kimberley Off-Road Adventure Tours/Kapalga Travel liable for them in any way.

 

AGE & HEALTH REQUIREMENTS

On our tours we require all passengers under the age of 18 years old to be accompanied by a parent or guardian, who excepts full responsibility for them for the entirety of the tour; children who are 9 years old or under are unable to travel on our tours, unless on a kid-friendly tour or a private charter.

Our passengers are typically 20 – 90 years old.  We do not have an upper age limit; however you must ensure you meet the health & fitness requirements for our tours and you can find these in our Trip Notes.

You acknowledge our advice that we do not recommend our tours to pregnant women; this is due to the risks involved with hiking on uneven ground, and the fact that the roads are corrugated and bumpy which can affect unborn babies.

 

GROUP NUMBERS

Kimberley Off-Road Adventure Tours/Kapalga Travel requires a minimum number of bookings in order to run each tour.  If there are not enough passengers booked on a tour we may need to cancel the departure.  If this is the case, we will usually notify you at least 2 weeks before the start date of your tour.  Your options could be transferring to the nearest possible alternative date, opting for an alternative itinerary, or a full refund of monies paid to Kimberley Off-Road Adventure Tours/Kapalga Travel.

 

TOUR GUIDE’S RESPONSIBILITY

All our tours are run by a trip leader and it is imperative that passengers listen to their guide’s instructions in order to stay safe.  In regards to matters concerning passenger’s well-being and staying safe on tour, your guide will make all the decisions, and have the final say.  If you fail to respect the decision of your guide and/or fail to follow their instructions, disrupt the group or affect the mobility of the group, your guide can remove you from the tour effective immediately, with no right of a refund. 

 

ACCEPTANCE OF RISK

Our tours are adventurous and by booking on one of our tours you acknowledge that there is a degree of personal risk.  You understand and accept you will be visiting remote areas, walking on rough terrain, and experiencing activities that require physical exertion that you might not be used to.  It is your own responsibility to make sure you understand the type of tour you are joining, the conditions you’ll be traveling in and the nature of your itinerary.

 

SEVERABILITY

If at anytime a term or condition written under these Terms & Conditions is unenforceable or void by operation of law or if it’s against public policy, or for any other reason, then that term or condition shall be taken out of our contract or amended accordingly.  It will be removed or amended to a degree that will allow all remaining Terms & Conditions to remain obligatory. 

 

PHOTOS AND MARKETING

By participating on our tours you give Kimberley Off-Road Adventure Tours/Kapalga Travel consent to use images taken of you whilst on the trip for advertising and promotional purposes, however we choose. You grant us full-rights in every sense (perpetual, royalty-free, worldwide) and you accept that this is an irrevocable license, which allows us to use images of you for advertising and promotional purposes. Should you wish that your image is not used for these purposes please inform us in writing by sending an email to info@kimberleyoffroadtours.com

 

DIESEL LEVY

If diesel fuel prices rise, Kimberley Off-Road Adventure Tours/Kapalga Travel reserves the right to charge a diesel fuel levy.