By confirming a booking of a journey, you and all Passengers travelling under the booking are bound by this agreement, which is comprised of (1) these standard terms and conditions, and (2) the Booking Confirmation.
CONFIRMED BOOKING Your booking of a journey is confirmed when: (1) you have made the booking, complete with all information we require; (2) you have paid us the Deposit (or other amounts owing at the time of booking), according to the terms of this agreement; and (3) we have sent you a Booking Confirmation.
INCLUSIONS All goods and services that are included in your journey are as listed in the brochure and the website as of the date of booking.
SPECIAL REQUIREMENTS Passengers must notify us of any special requirements (for example diet) at the time the booking is made. We will advise all third parties such as hotels and attractions of these requirements and will endeavour to ensure they are met. However, we cannot guarantee that all special requirements will be met in all instances.
DEPOSITS To confirm a tour booking, payment must be made at the time of making the reservation. A Deposit or full Fare is payable at the time of booking by direct deposit or credit card.
PAYMENT Where applicable, the Balance (the difference between the Deposit and the Fare) must be received no later than 1 day prior to the date of travel.
CREDIT CARDS We accept Visa and Mastercard. Charges of 1% apply.
We strongly recommend passengers take out travel insurance to cover any unforeseen circumstances. We recommend that you do this at the time of booking.
NO SMOKING POLICY Our vessels and vehicles are all entirely smoke-free in accordance with relevant state and territory government regulations. Passengers are not to smoke (including e-cigarettes) while on board.
HEALTH
• Fitness Most of our tour itineraries contain guided sightseeing walks to natural attractions. As such, passengers are required to have a reasonable level of fitness in order to participate. Some walking tracks have sections of uneven rocky ground and may be slippery. The walks on our tours vary in length, so please read your chosen itinerary for further information or contact one of our friendly travel consultants who will be able to describe the walk to you. If passengers feel they are unable to participate in the walk on the day, alternative arrangements will be made with adequate provision for passenger comfort and safety.
• Hydration Whilst on a hike it is the responsibility of each passenger to carry adequate drinking water.
• Mobility Passengers are required to have a reasonable level of mobility to be able to board and alight the coach unaided. Due to space restrictions aboard our coaches, we are unable to accommodate passengers who require the use of wheelchairs or walkers. Our vehicles are not equipped with wheelchair ramps or lifters. Passengers requiring physical or mental assistance must be accompanied by a companion who is willing and capable of providing such assistance.
ENJOYMENT We will take all reasonable steps to provide an enjoyable tour. However, no liability will be accepted for any loss of enjoyment experienced by passengers due to circumstances which are out of our control.
SAFETY Passengers accept that tours include participation in Recreational Services and Recreational Activities which may involve certain risks and dangers beyond our control. Such activities containing risks include but are not limited to: hiking, swimming, and travelling in remote undeveloped locations. The passenger acknowledges that all Recreational Services and Recreational Activities in connection with the journey are undertaken of the passenger’s own free will and at the passenger’s own risk. Passengers will not be permitted to continue on tours when in the opinion of the YAY Tours Tour Leader, the passenger’s conduct or condition is placing their own or the safety of other passengers at risk, or is adversely affecting the enjoyment of other passengers; for whatever cause.
GUEST AMENDMENTS (STANDARD) Subject to availability, you may amend your booking. If an alternate date is unavailable or unsuitable and you cannot travel on the original date your booking will be subject to our standard cancellation terms detailed below.
GUEST CANCELLATIONS If you cancel your booking with us, you must notify us in writing or by email to hello@yaytours.com and pay a cancellation fee in the amount set out below.
Everyday Cancellation Rules
| TIMING OF GUEST CANCELLATION | CANCELLATION FEE |
| More than 24 hours prior to departure | Free cancelation |
| Less than hours prior to departure | 100% of total fare |
OUR AMENDMENTS Passengers accept that we may need to alter or amend itineraries, excursions, accommodation or sightseeing arrangements from those published, with little or no notice. This may be due to road conditions, weather, cultural considerations, safety factors and other operational considerations or government regulations or directions. Such decisions will be made in the best interests of the passenger’s comfort and safety, or where required by law. In these circumstances YAY Tours will endeavour to make suitable alternative arrangements which may include the use of light aircraft.
OUR CANCELLATIONS If an event occurs that is outside of our control and not reasonably foreseeable or preventable by our business and this event leads to the suspension or cancellation of your tour booking, we will provide you with a credit voucher equal to the value of the money paid for that booking. This voucher will be valid for a period of 24 months from your original tour departure date and can be used for any of our tour. Amendment fees from any third parties who are supplying components of the booking (for example hotels or attractions) may apply.
RESPONSIBILITY & LIABILITY We accept no responsibility or liability for any injury, loss, damage, change of itinerary or inconvenience caused either directly or indirectly as a result of events which are outside of our control, including but not limited to: fires, floods, acts of God, unusually severe weather, riot, war, invasion, medical outbreak or contamination of any kind, material change in legislation or government directions, industrial action or commercial flight disruptions.
Passengers are advised that the service provided by YAY Tours is for the booking and packaging of goods and services provided by other operators such as hotels, motels, attractions, cruise lines, airlines and other transportation companies. We will not be liable for any loss, damage, omission or act of negligence or otherwise committed by these operators, their assignees or agents.
We are unable to guarantee exact arrival or departure times and are not liable for any failure to make connections with any other service or guarantee the operation of any particular service.
DISPUTE RESOLUTION Should any dispute arise between YAY Tours and a Passenger, the parties agree that formal proceedings in a Court or Tribunal will not commence until after the following process has been followed:
• A party provides written notice specifying the nature of the dispute (“the notice”).
• The parties will in good faith attempt to resolve the dispute.
• If the dispute is not resolved within 7 days of receipt of the notice, the parties agree to refer the dispute to mediation administered by the Australian Disputes Centre and conducted in accordance with the ADC Guidelines for Commercial Mediation.
• If there is no resolution to the dispute at the expiration of 30 days from the receipt of the notice, formal proceedings may be commenced.
PRIVACY Yay Tours respects your privacy and will only use your personal information in accordance with our Privacy Policy and in accordance with the Privacy Act 1988. You can obtain full details of how we collect, hold, use manage and disclose your personal information from our Privacy Policy, a copy of which may be obtained free by visiting our website at yaytours.com/privacy.
DISCLAIMER While all the information in this brochure is correct at the time of publication, some details may change including, but not limited to tour pricing and tour itineraries. Some photos are representative only and may not reflect the exact experience or destination.
DEFINITIONS
Booking Confirmation means the notification from us to you containing the details of your booking.
Deposit means the amount indicated as such for your journey in the brochure attached to these Terms and Conditions.
We/us means YAY Tours
You means the person or entity that made the booking and is named in the Booking Confirmation.
