Birdwatching Tropical Australia
Birding Tours Cairns & Port Douglas

Terms and Conditions 2023

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Reservations

To make a reservation on a tour, read the terms & conditions pages, then either complete the booking form and submit it together with your deposit or print, complete and sign the booking form and return it to Birdwatching Tropical Australia with your deposit. Provisional bookings are accepted via telephone or email and must be followed up with a completed, signed booking form and deposit payment within 7 days or as discussed with management. Your place is not guaranteed until we have received the correct deposit payment. Day tours may be booked by phone or email and full payment is required within 20 days of booking to guarantee the tour or as discussed with management.

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Payment

Full payment of the tour cost is due 75 days prior to departure. Payment details are outlined on the booking form. Payments are to be made in Australian Dollars only. Payment may be made by bank transfer (or Xoom from Canada and the USA) or as discussed and documented by management. Clients are responsible for any fees incurred at both ends (depending on the amount and origin of the funds) and international bank transfers attract a AU$25 surcharge. Domestic bank transfers are free. For Day tours, full payment is required within 14 days of booking or as arranged with management

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Cancellation

All cancellations must be made in writing, stating the reason(s) (change of mind is not a valid reason) for your cancellation and signed by the person(s) who signed the booking form and submitted to Birdwatching Tropical Australia. In the case of a scheduled tour, you will receive a refund minus a AU$55 administration fee and minus any non-refundable deposits and payments we have made to ground agents or accommodation. No refunds will be made after 75 days prior to the commencement of a tour. There are no refunds for unused meals, accommodations, or other trip features should you decide not to participate fully or should it be necessary to make changes during the tour. No refunds will be made in case of a cancellation of a private tour by the client unless otherwise discussed and documented with management. For pre-paid guided Day tours, a full refund is possible up to 8 days prior to departure minus a $25 administration fee and minus any applicable transaction fees (approx. AU$20 for bank transfers), 50% fee applies if cancelled 7 to 3 days prior to your tour date unless otherwise stated and if cancelled within 48 hours or a 'no show', 100% of the tour fee will be applicable.

 

Birdwatching Tropical Australia reserves the right to cancel any trip due to weather or other unsuitable conditions. In such a case a refund (minus any fees and non-refundable deposits and payments we have made to ground agents or accommodation) of the tour price paid to date will be made to the participant.

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Force Majeure: Neither party will be liable for failing to perform its obligations under this agreement as long as the failure is triggered by something beyond its reasonable control. Causes include, but are not limited to, pandemics, epidemics, work stoppages, natural disasters, acts of God, war, terrorism and others. In the event of a prolonged force majeure event, re-negotiation rights may be triggered and we will assist clients with obtaining alternatives.

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Insurance

The purchase of travel insurance, including cancellation insurance, is strongly recommended, and for some tours, compulsory. Birdwatching Tropical Australia cannot accept liability for insurance costs, loss of deposits, airline cancellations or delays or penalties incurred by the purchase of non-refundable airline tickets or other expenses incurred by tour participants in preparing for this tour.

Birdwatching Tropical Australia cannot accept liability for any insurance costs if a tour is cancelled.

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Tour Prices

The price of the tour is based on local prices in effect when the tour is designed and is subject to adjustment in the event of a large change therein.

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What is included in the tour price?

Specifics about what is included in each tour are described in the tour itinerary and normally consists of all travel as noted in the itinerary, lodging in hotels/motels or their equivalent unless otherwise indicated, all meals unless otherwise noted, tour materials and the tour guide services of the leader(s).

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What is not included in the tour price?

The tour price excludes all expenses incurred before the first official group assembly at the start of any tour and after the official end of the tour, travel insurance, passport charges, vaccination charges, visa charges, excess baggage charges, airport taxes, and meals and drinks en-route to the tour. The tour price also excludes drinks (other than those provided), à la carte dishes on those occasions where the included meal is fixed-menu, breakfast upgrades from continental, snacks, laundry, telephone calls, private excursions, tips and anything else of a purely personal nature, including taxes, porterage, service charges and tips relating to such items.

In addition, should you decide not to accompany the group on a planned activity for any reason, you are responsible for the extra cost of any activity, accommodation or meals while the rest of the group is involved in the planned activity.

Should you arrive or depart at other than the official times of the tour, any additional expenses you incur are not included.

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Surcharges

Unfortunately, the travel industry is suffering with highly fluctuating costs relating to fuel, flights, and an erratic world economy. We would like to offer complete price stability and will make every effort to do this, but because of the possibility of substantial transportation/fuel price increases, changes in ground agent prices, tax increases or negative exchange rate changes, we cannot guarantee prices until full payment has been received. While we will make every effort to avoid or absorb surcharges, Birdwatching Tropical Australia reserves the right to increase the price of a tour in the event of cost increases incurred by us that stem directly from increases in transportation costs (by air, land or water, and including increases in fuel costs), increases in government taxes, fees, dues or levies, or exchange rates.

 

Modification

Birdwatching Tropical Australia reserves the right to modify the itinerary, number of participants (on scheduled tours), tour leader, tour vehicle or any other aspect of the tour prior to and during any tour. While on tour if weather or other conditions require a change to the itinerary such a change will be discussed, as much as reasonably possible, with the clients but the final decision is made by the tour leader. If as a result of a change in the itinerary clients forgo an opportunity to see any particular bird species this does not entitle these clients to a refund. If due to unforeseen local road, weather or other conditions the duration of the tour needs to be shortened by more than one (1) day this will entitle clients to a reasonable refund to be calculated by Birdwatching Tropical Australia. If due to unforeseen local road, weather or other conditions the duration of the tour needs to be extended clients will not be charged commercial tour rates for the extension Birdwatching Tropical Australia but clients will be required to pay for their own accommodation, food and all other expenses for the duration of the extension. Birdwatching Tropical Australia will not be liable for any costs incurred by clients due to a tour returning to its final destination earlier or later than scheduled.

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Bird species

Birds are wild animals and no sightings of any species can be guaranteed. Birdwatching Tropical Australia will not be held responsible for clients not seeing any particular species.

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Restrictions on Participation

Birding tours involve a variety of activities and can entail varying degrees of strenuous activity. Some destinations will require early morning starts and/or late returns as this maximizes our opportunities to find and see certain species. In preparation for each day, the activities will be described as accurately as possible. It may be necessary for participants to be able to complete walks of up to several kilometres over a wide variety of terrain, not necessarily on walking trails. While out in the field we may also encounter variable weather conditions including, but not limited to, heat, cold, wind, rain, and strong, bright sunshine. Participants should be in good health and if in doubt should consult a physician before undertaking a tour. If you have questions about the physical requirements of a tour, please contact our office for further information. It must be emphasized that if you do have a health problem or physical limitation, we need to know so we can be prepared in the case of an emergency. Further, we cannot provide any assurances with respect to safety, quality or other issues with respect to excursions not within the direct control or supervision of Birdwatching Tropical Australia. The participant assumes all risks and liabilities of his or her own activities not under the direct supervision of Birdwatching Tropical Australia.

There will be the opportunity for those of you who wish, to opt out of any particular excursion and do your own thing at your own expense. Anyone wishing to partake of an activity not within our bird watching program may only do this at their own expense and if it does not in any way interfere with the group’s schedule.

Small groups call for consideration from all participants so that all may enjoy the experience. Any antisocial behaviour (swearing, smoking in non-smoking areas, alcohol abuse etc) that could be detrimental to the enjoyment of a tour by the other group members, shall be deemed to be unacceptable. If there are complaints from other tour members and the leader finds any person unable to conduct themselves in a manner seen fit, the leader reserves the right to send them home at their own expense.

Smoking is prohibited in tour vehicles, many public places and certain conservation reserves.

Birdwatching Tropical Australia reserves the right to decline to accept or to retain any person as a member of any tour for any reason.

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Liability

The tour participant agrees that Birdwatching Tropical Australia is not liable for injury, death, damage, monetary loss or loss of property as a result of participating in any tour. Participants should make their own health and travel insurance arrangements. Travel insurance should cover unplanned costs, e.g., a plane not arriving due to inclement weather.

For and in consideration of the opportunity to participate in the tour, each tour participant agrees to release, indemnify, and hold harmless Birdwatching Tropical Australia, its agents, servants, employees, shareholders, officers, directors, solicitors and contractors as set forth herewith. Birdwatching Tropical Australia acts only as an agent for the passenger in regard to travel, whether by bus, boat, airplane, or by other means, and assumes no liability for injury, damage, loss, accident, delay, or irregularity caused by defect in such vehicles or for any reason whatsoever, including the acts, defaults, or bankruptcies of any company or person engaged in conveying the passenger or in the carrying out the arrangements of the tour. Birdwatching Tropical Australia accepts no responsibility for losses or additional expenses due to delay or charges in air or other services, sickness, weather, strike, war, quarantine, or other causes. The tour participant shall bear all such losses and expenses.

 

Release of Liability

I have carefully read and accept the Terms and Conditions and the Cancellation Policy provided herein. Birdwatching Tropical Australia gives notice that it is only an agent to the owners and suppliers providing accommodations and guest services in those establishments. Birdwatching Tropical Australia assumes no responsibility for any delay, mishap, inconvenience, expense, injury or death or damage to property occasioned through acts of nature, detention, weather, quarantines, strikes or civil disturbances. Birdwatching Tropical Australia reserves the right to alter the itinerary and/or substitute vessels, hotels and transportation when deemed necessary or advisable in order to successfully operate the trip. I/we acknowledge that during a trip to a destination such as this and on a tour of this nature, certain risks and dangers may be involved, including but not limited to riverboat travel, hiking over slippery, muddy trails and rocky trails and underdeveloped areas, the forces of nature, and accident or illness in remote areas without means of rapid evacuation or availability of medical supplies and facilities. I am voluntarily participating in these activities with the knowledge of the element of risk dangers involved and hereby agree to assume any and all risks, including injury and death. I acknowledge that the enjoyment of a trip of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment, being a reason for my participation. I understand that many risks are beyond the control of Birdwatching Tropical Australia. I therefore release and discharge (and will not make a claim against) Birdwatching Tropical Australia and its owners, agents, employees, heirs and contractors, for bodily injury, death, property damage resulting from negligence or any cause during or after participating on this tour. This release of liability is entered into on behalf of all members of my family. I certify that I have read the Terms and Conditions as well as the Release of Liability section and that am over 18 years of age. I understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

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Other

The use of Global Positioning System (GPS) devices of any kind (including, but not limited to, hand-held GPS devices, GPS apps on mobile/cell phones such as e-bird, satellite navigation systems etc.) to record locations, is prohibited during the tour. Furthermore, disclosure of species’ locations in the public domain is also prohibited. By booking this tour you agree to these requirements. If you are in breach of these requirements your participation in the tour may be terminated at the tour leader’s discretion, without any refunds payable to you for the unused portion of the tour.

Birdwatching Tropical Australia reserves the right to substitute hotels (of similar category where available) for those indicated and to make any changes in the itinerary where deemed necessary.

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Participants should prepare for the tour by reading the itinerary, and other pertinent matter recommended by Birdwatching Tropical Australia. Each participant is responsible for bringing appropriate clothing and equipment as recommended.

Birdwatching Tropical Australia retains the right to modify these Terms and Conditions at any time. Up-to-date Terms and Conditions are available on https://mangroverobin.wixsite.com/birding-port-douglas/terms-conditions