1. General

(a) For the purposes of these Terms and Conditions of Contract, Burnt Pine Travel Pty Ltd (ACN 652 449 655), trading as Baunti Tours is referred to as “Baunti Tours”.

(b) These Terms and Conditions apply to any use of or participation in, Baunti Tours services. Please read these Terms and Conditions carefully, as they contain important information concerning your legal rights and the limitations on those rights, as well as sections regarding Baunti Tours provision of services as an agent and also the generally applicable law and jurisdictional issues applicable.

(c) By accessing or using Baunti Tour’s services, you are confirming that you have read these Terms and Conditions of Contract and agree to be bound by them. If you do not agree with all of these Terms and Conditions, you are NOT permitted to access, use or participate in the services provided by Baunti Tours, either as operator or agent.

(d) Baunti Tours is a tour operator and tour agent. All tours/events facilitated by Baunti Tours that involve third party providers as part of the Services and/or functions offered, are provided as agent of the third-party provider, to the extent applicable.

(e) Once Baunti Tours accepts a booking for a Tour, to the extent that Baunti Tours is acting as the agent for the provision of part or all of a Service, the supply by the provider is a separate contract between you and the provider, for the component facilitated by the provider.

(f) (i) Where Baunti Tours acts only as a booking agent for Independent Third-Party Provider (“ITPP”) tours, Baunti Tours, as agent for the ITPP, has no responsibility, liability or obligation other then to place and (if payment is received by Baunti Tours) pay for the booking with the ITPP.

      (ii) Once the booking has been made, the contract is between you and the ITPP and all matters related to the tour booked and/or provided (including amendment, cancellation, fees and refunds) must be referred to and dealt with directly through the ITPP. They are governed by the ITPP contract.

      (iii) We may receive a commission, fee, rebate or financial incentive from ITPP’s, in respect of your booking. Any commission, fee, rebate or financial incentive in relation to your booking is non-refundable in the event of cancellation of your booking by either you or the ITPP.

2. Definitions

“ACL” means the Australian Consumer Law schedule to the Competition and Consumer Act 2010 (Cth).

“Booking” means a customer’s purchase and acceptance of a ticket or other document confirming participation, subject to these Terms and Conditions, or the contract terms of the ITPP.

“Component” means any individual element of a Product.

“Contract” means any agreement for the provision of the Services by Baunti Tours, and the provision of the Services, to the Customer.

“Customer” means a person, jointly (if more than one) or severally, acquiring Services from Baunti Tours.

“Products” means individual components of any tour or function provided by Baunti Tours or a Supplier, such as transport, meals, drinks or other supplies.

“Services” means the provision of Tours including associated Products and Components and making bookings as agent of Independent Third-Party Providers.

“Supplier{s}” means a third party that provides the individual components of the Products that are part of a tour or function.

“Tour” means the provision of a journey or experience for the purpose of information, leisure and/or entertainment.

“Tour Date & Time” means the date and anticipated time scheduled for the Customer to attend and participate in a tour and/or function.

“you” means both the person who books and arranges participation in any Tour for themselves and also each person on whose behalf a Tour is booked, if the booking is for more then one person.

“us”, “we” and/or “our” is a reference to Baunti Tours.

“Force Majeure” means unusual and/or unforeseeable circumstances beyond Baunti Tours’ control or the control of our Suppliers, that affect the ability of Baunti Tours to provide the Services or the ability of the Suppliers to provide Products, including, but without limitation, acts of God, flood, drought, earthquake, extreme weather or other natural disaster, epidemic, pandemic or any significant risk to human health such as the outbreak of disease (including but not limited to COVID-19 and any disease caused by a new strain of the coronavirus), acts of terrorism, civil war, political unrest, civil commotion or riots, acts of war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law, guidance or advice issued (including travel warnings and restrictions), or any other action taken by a government (local or national) (including closure of borders) or port, border, river and/or aviation authority (local or national) or other public authority, collapse of buildings, fire, explosion or accident, or interruption or failure of utility service

3. Liability and Limitations of Liability

(a) Our Services come with the guarantees provided under the ACL which cannot be excluded. These include that they will:

                (i) be provided with due care and skill;

                (ii) be reasonably fit for the specified purpose;

                (iii) reasonably be expected to achieve the intended result; and

                (iv) be provided within a reasonable time;

but, to the extent that any other warranties or guarantees are or may be implied by law that are legally excludable, they are excluded. However, nothing in these Terms and Conditions is intended to exclude or restrict the application of consumer guarantees under the ACL.

(b) Subject to the ACL, we are not liable for any technical errors, unauthorised access to your personal data, inaccuracies in information supplied by you or third parties, or failure to complete bookings, when the failure is due to circumstances reasonably beyond our control.

(c) Subject only to non-excludable consumer guarantees, which may be implied into the contract for supply to you, we are not liable to you or anyone else for loss or damage which is suffered directly or indirectly in connection with the:

                (i) delivery or non-delivery of any Tour, Product or Component; or

                (ii) any act or omission (including negligent acts or wilful omissions) of any ITPP or their employees or agents or any other providers or contributors to any Tour, Product or Component;

                (iii) the negligent act or wilful omission of anyone (including the employees of Baunti Tours) in the facilitation or delivery of any Tour, Product or Component; and

                (iv) apart from the rights you may have under the ACL that cannot be excluded, you agree we shall not be liable for any inconvenience, delay, loss, death, injury, to you or your belongings (including all possible liability for disappointment, loss of enjoyment or dissatisfaction) or otherwise caused directly or indirectly by the acts, omissions of default, whether negligent, or otherwise, by us or our employees, our Suppliers or any other third party providers, by force majeure, or any other cause beyond our control.

(d) You acknowledge that participation in any activity involves a degree of personal risk. Taking into consideration your personal circumstances and limitations, you have made yourself aware of the nature, risks and expectations of participants in the Tour you have chosen to participate in. To the fullest extent permitted by law you agree you release Baunti Tours and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against any of or all of them arising out of or in connection, directly or indirectly, with your participation in any Tour or any other service supplied by us.

4. Booking Terms

(a) All Tours offered are subject to availability and can be withdrawn without notice, by us or the ITPP, at any time. Tours can also change or be varied at any time for operational reasons (such as weather) or in accordance with the terms and conditions imposed by us or the ITPP’s

(b) When making any booking full and accurate information must be provided to us. You must advise us of any medical (including pregnancy), dietary, mobility or disability condition or limitation (“condition”) you, or any person on behalf of whom a booking is being made, has or may have. We reserve the right to refuse or cancel a booking if we consider any condition (whether disclosed or not) might involve a risk or potential for injury to the person affected, particularly where there may be issues boarding and/or disembarking any mode of transport, access issues (including steps) or walking involved.

(c) Tours are not guaranteed. After full payment is received by us and the Suppliers have confirmed they will provide their Product and/or Component we may confirm (subject to force majeure) a Tour will operate when you make an enquiry with us within 24 hours of its scheduled commencement. It is recommended that you reconfirm all bookings with us within the period of 24 hours prior to the tentatively scheduled date and time of commencement of any Tour operated by us.

(d) If you have made a booking through us, as agent of an ITPP, it is your responsibility to maintain contact with them and to contact them prior to the intended date and time of the activity to confirm there are no changes to the booking, that impact you.

5. Care and Responsibility

(a) Each person undertaking a Tour accepts and acknowledges that any activity involves some risk and they must personally take responsibility for their actions to ensure their own safety. We will discharge our obligations to you as far as we reasonably can, however you agree that you will not hold Baunti Tours or its employees or contractors responsible for any injury, loss or damage you may suffer to yourself or your possessions, arising directly or indirectly from the provision by us of a Tour or any associated activities.

(b) We reserve the right to refuse to carry anyone it is considered cannot cope with the requirements of coach (bus) tour travel and who may require services and facilities that Baunti Tours cannot guarantee will be available or that they can be provided. You agree you will not hold Baunti Tours responsible for any decision made by us, or any other service provider, to refuse to carry or include you, for any reason, and that to do so is subject to safety considerations and does not involve any form of discrimination.

(c) We accept no responsibility or liability for any loss or damage suffered by you to your luggage, valuables or personal items carried on a Tour. Any personal property left in a coach (bus) during a Tour is left entirely at the risk of the owner of the property.

(d) Subject to sub-clause 5(b), any person with any disability wishing to undertake a Tour, if accepted by us, must be accompanied by a person capable of providing all necessary assistance and agree they will not expect to be, nor will they be, provided with any special assistance from Baunti Tours personnel.

(e) We accept no responsibility or liability for deterioration of any participant’s health, or for any illness, injury or death that arises during or subsequent to any Tour.

6. Pricing and Payment

(a) All pricing is in Australian Dollars unless otherwise specified.

(b) All pricing is inclusive of any related taxes or levies, including any goods and services tax or other value-added tax, if applicable.

(c) A credit card or debit card fee may be charged by us or by a ITPP. We will notify you of the rate of the fee at time of payment but any fee levied by an ITPP will be a matter between you and them.

(d) If we accept payment for a booking made on your behalf, when we are acting as agent of an ITPP, we do so as the agent of the ITPP and, after deducting any non-refundable fees we receive as agent, we will pay the balance of the funds to the ITPP. Any subsequent claims from cancellation, re-scheduling, refunds due or chargebacks are your responsibility and you agree you cannot and will not chargeback any payment made to us as agent. If we incur any costs or expenses as a result of any action (including attempted or actual chargeback) you take in relation to the payment we accept as agent, you will fully reimburse us and we are authorised to charge such costs and expenses to your credit or debit card if we do not receive direct reimbursement.

(e) Upon us accepting your booking for a Tour, payment is required contemporaneously. Upon receipt by us of the full payment due, a contract is formed in relation to the Products we supply, between you and us incorporating these Terms and Conditions. [A separate alternate contract will arise between you and an ITPP or Supplier if we make arrangements on your behalf, as agents.]

7. Changes and Cancellations

(a) It is advisable to take out and maintain travel insurance and ensure that all activities you intend to undertake are covered by the travel insurance. It is important to be clear what is covered under your travel insurance policy and you should clarify with your insurer that your intended activities are included.

(b) We reserve the right to change or cancel your booking, at any time, including after a Tour has commenced, in the event we believe on reasonable grounds it is in the best interests of you and/or others travelling on the same Tour, the public or our employees and representatives.

(c) Changes or cancellations made by ITPP are subject to their terms and conditions of contract and you must deal with them directly in the event a change or cancellation occurs.

(d) Depending on whether you are part of a group booking or are part of an independent booking will determine your rights under this contract if your Tour with us is changed or cancelled. The respective terms and conditions applicable to changes and cancellations are listed separately in a document that forms an annexure to this agreement. The terms and conditions applicable may change from time to time and those currently applicable will appear on our website and be available on request.

(e) In the event of any change being made by us and/or a supplier to the date and/or time of your Tour, we will attempt to advise you (using information supplied by you) with the rescheduled alternate date and/or time that the Tour will operate or a substitute Tour will be offered of equal value and similar content.

(g) Any cancellation made by you voluntarily, for any reason, within twenty-four (24) hours of the scheduled commencement of a Tour will result in a fee being incurred equal to one hundred per cent (100%) of the price paid. No refund will be provided if you, for any reason, cancel your participation in a Tour once it has commenced.

(h) If a Force Majeure event occurs that effects your Tour, including if we are unable to reschedule to a date/time that suits you, then the applicable actions, procedures and your entitlements (if any) will be as set out in the annexure mentioned in 7(d).

8. Validity, Prices, Itineraries

(a) Dates, itineraries and prices listed on our website, or any third-party website, are indicative only and are subject to change at any time without notice.

(b) These Terms and Conditions are subject to variation at any time. Any variation will be displayed on our website and you will be deemed to have accepted any variation if you have made a booking after it is displayed.

9. Taxes

All taxes included in current pricing are subject to change without notice. If any change occurs between when a booking is paid for and when the Tour or function occurs or Services are provided, the additional taxes applicable are payable by you before you can undertake the Tour or Event.