Terms & Conditions
The following terms and conditions (‘booking conditions’) form the basis of your contract with Kimberley Spirit Tours. Please read them carefully as they set out your and our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have read these booking conditions, that you agree to them and that you agree to them applying to your holiday arrangements that you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. References in these booking conditions to your ‘holiday package’ are references to the tour or cruise package you have booked with Kimberley Spirit Tours. References to “excursions” are references to short trips or tours included or available as part of your holiday package.
Before you book
Prices – Deposits – Discounts – Payments
Your booking price will be set out on this website unless it is varied by advertising or a special offer, or is changed after the date of publishing for any reason, including without limitation, to cover changes in government taxes and charges, exchange rate variations, fuel surcharges, airline charges, a force majeure event or other material increases by suppliers. Once you pay your deposit your holiday package price is guaranteed (except for any changes resulting from a force majeure event – see below). For all extended tours of 4+ days (excludes cruises or cruise-4wd packages) a security deposit of 20% of the tour price per person is required within 7 days of receipt of booking confirmation. Deposit requirements may vary when booking a special offer. Final payment of the balance of your holiday package price is due 90 days prior to departure, unless otherwise stated in the terms of a special offer. Kimberley Spirit Tours reserves the right to cancel any ticket or booking or to refuse to carry any passenger where payment has not been received by Kimberley Spirit Tours within the specified time. All fares and charges are in the local currency. Payment in full is required at time of booking for reservations made less than 90 days before departure. If Kimberley Spirit Tours are unable to confirm your reservation, all monies will be refunded.
Note: All half or one day tours require immediate payment on confirmation of booking and once paid, they are non-refundable.
Travelling with minors
Children under 12 years are not recommended to participate in tours/cruises. Children under 18 years of age must be accompanied by an adult and share their accommodation with an adult.
Included in Our 4wd Tour Prices
Please refer to your individual itinerary for inclusions.
Not Included in Our Tour Prices
Airfares, airport taxes, laundry, food not on the regular table d’hôte menu, drinks, excess baggage, fuel surcharges and optional excursions not specified in the itinerary. Extra overnight accommodation is not included at the start or end of the tour if not specified in the itinerary.
In more remote locations, hotel standards may not be quite as high as in major centres. Kimberley Spirit Tours endeavours to utilise the most suitable accommodation available in each destination to ensure that passengers enjoy high levels of cleanliness, comfort and service. The accommodations listed on this website will be used on almost all holiday packages, however, if a change is necessary for any reason, Kimberley Spirit Tours will endeavour to ensure that alternative accommodation is of an equivalent standard to those shown. Hotel rooms are generally not available for check-in before 3 pm and require check-out by 10 am.
Passengers Needing Special Assistance
Any disability or medical condition requiring special attention must be reported to Kimberley Spirit Tours at the time of booking. Kimberley Spirit Tours will make reasonable efforts to accommodate the special needs of disabled passengers where possible, but is not responsible for any denial of services by carriers, hotels, restaurants or other independent suppliers, or for any additional associated expenses. Vehicles are not equipped with wheelchair ramps. Wheelchairs and walkers cannot be carried on coaches, due to space limitations. Kimberley Spirit Tours are unable to provide individual assistance to any passenger for walking, dining, boarding or alighting coaches or other transportation vehicles or other personal needs. Passengers requiring assistance (mental or physical) must be accompanied by a companion capable of providing all necessary assistance.
Health & Fitness
A good level of fitness and health is required to participate on Kimberley Spirit Tours' holiday packages. In the Kimberley, there are extensive sightseeing excursions by foot and which includes climbing of stairs and walking over uneven surfaces and in some cases climbing over rocks and or walking through shallow streams and rivers. Mobility is needed boarding or alighting coaches and boats. We recommend a visit to the doctor and dentist before travelling to remote destinations. It is your responsibility to advise Kimberley Spirit Tours of any pre-existing medical conditions that may affect the normal conduct of a holiday package and the enjoyment of other passengers.
Late Bookings & Special Offers
Late booking promotions and special offers do not apply to existing bookings unless otherwise stated.
Booking and paying for your holiday
Travel Insurance is not included in your holiday package. Obtaining Comprehensive Travel Insurance which includes (without limitation) coverage for medical expenses, loss or damage to luggage, cruise and land content and airfare charges that may occur due to cancellation, disruption, loss of deposit and strikes is mandatory and forms part of your booking contract when booking a Kimberley holiday. You will be asked to provide the details of your policy before your tour can be confirmed. We highly recommend that you take out a policy at the time of booking for all tours.
Travel Information & Documents
After booking you will receive an invoice with all important information relevant to your holiday package. We strongly recommend you check the details carefully and read the included information. Approximately one month before departure you will receive your travel voucher/s via email.
Where a special request (eg. diet, room location, twin or double bedded room, a particular facility at a hotel or particular meals) is an important factor in your choice of holiday, you must advise us when your booking is made. Kimberley Spirit Tours will pass your request onto the hotel or other supplier but cannot guarantee that it will be accommodated. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
Credit Card Surcharges
If you pay Kimberley Spirit Tours by credit card, surcharges of between 1% and 3% will be added to your tour price.
Changing or cancelling your holiday
Changes or Additions to your Holiday
If you want to change any part of your holiday arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking, or his or her travel agent. If it is possible to make the change, it will be subject to an administration charge and payment of any further costs incurred as a result of the change.
Days of Notice required for cancellation policy:
Within 90 days of deprature, or if passenger fails to arrive: 100% cancellation fee
More than 90 days prior to departure: Forfeiture of the 20% deposit
All cancellations must be received in writing by Kimberley Spirit Tours and are not effective until this notification has been received. If your holiday has commenced, 100% of the full holiday package price is charged. There is no refund for unused services or if portions of the holiday package are missed.
Additional cancellation fees may also be charged in respect of accommodation reserved outside the holiday package dates. These cancellation fees are in addition to any fees that may be levied by Kimberley Spirit Tours and your travel agent (if any).
We recommend arriving at least one day prior to your tour departure and also booking your departure flight at least one day after the tour concludes. Any change in the identity of the airline, flight timings or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying any applicable cancellation fees.
If we change or cancel your holiday
Kimberley Spirit Tours has endeavoured to ensure that the information given on this website about accommodation, itineraries etc., is correct to the best of our knowledge at the time of advertising. However, advertised descriptions and facilities and prices may change after publication. We recommend that you confirm the details of your chosen holiday package at the time of booking. Final details will be shown on your tickets. Holiday package or excursion itineraries may change or be different from those described on this website as a result of local conditions, weather conditions, annual events. Kimberley Spirit Tours will endeavour to notify you of any significant changes prior to your departure.
If we Change or Cancel your Holiday Before your Departure
Kimberley Spirit Tours endeavours to provide you with all the services confirmed to you at the time of your booking. However, we plan arrangements a long time in advance of your departure date using independent suppliers such as cruise boats, hotels etc., over whom we have no direct control. On occasions, changes do have to be made, and Kimberley Spirit Tours reserves the right to cancel or amend holiday packages/excursions accordingly.
Force Majeure means the occurrence of an event that is beyond Kimberley Spirit Tours' reasonable control and which could not have been reasonably prevented by APT, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time.
Termination of Booking Contract or Change of Travel Arrangements due to Force Majeure
If Kimberley Spirit Tours, in its reasonable opinion, considers that any Force Majeure event prevents Kimberley Spirit Tours (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, Kimberley Spirit Tours may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.
Limitation of liability in the event of Force Majeure
In the event that Kimberley Spirit Tours cancels or changes your travel arrangements in any way due to a Force Majeure event, Kimberley Spirit Tours will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. Kimberley Spirit Tours is not liable to refund any part of the deposit or purchase price paid by you if Kimberley Spirit Tours subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond Kimberley Spirit Tours' control. It is your responsibility to purchase travel insurance to adequately protect yourself against these risks.
Noise & Vibration
You acknowledge and accept that some noise and vibration may be experienced on tours and that Kimberley Spirit Tours is not liable to you for any such noise or vibration.
We recommend that passengers rotate seats when travelling on vehicles.
Personal Belongings & Lost Items
For security reasons valuables should be kept to a minimum and packed in your hand luggage along with your medicines, camera, film, electrical or battery-operated appliances, as well as basic essentials such as a change of clothing and toiletries. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive travel insurance in the event of any loss.
Disruption to Itinerary Arrangements
Itineraries are intended as a guide only and are subject to alteration without notice. Alterations may be necessary for various reasons including, without limitation, road, river or weather conditions, strikes or other reasons beyond Kimberley Spirit Tours' reasonable control. If conditions render any routes unsafe for navigation, Kimberley Spirit Tours reserves the right to provide alternative land and accommodation arrangements. Under normal conditions, itineraries will operate as far as possible as detailed on this website. However, sometimes for reasons beyond our control, it may be necessary to make alterations to your itinerary. Kimberley Spirit Tours will not be liable for any direct or indirect costs that you incur as a result of any event or other factor beyond our control which necessitates a change in your itinerary. Additionally, you are not entitled to any refund for any alterations to your itinerary that are caused or contributed to by any flood or water level events or such other events which are beyond our control. Kimberley Spirit Tours cannot guarantee exact arrival and departure times for carriers and operators used by Kimberley Spirit Tours and Kimberley Spirit Tours will not be liable for failure to make connections with any other services or attractions beyond its control.
Data Protection Policy
Any personal information (including sensitive information and health information) that Kimberley Spirit Tours obtains and retains from you or about you is necessary for our business purposes. We do not disclose this information to other parties unless it is important, such as alerting other tour operators, restaurants or accommodations that we work with about important medical or dietary information.
Limitation of Liability
1. Our holiday packages include the services of independent providers, such as hoteliers, cruise companies and other operators, who are not agents, servants or employees of Kimberley Spirit Tours. Although we take care in selecting the independent service providers and the optional excursions conducted by some independent service providers, Kimberley Spirit Tours is not responsible for the conduct of the independent service providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your holiday package, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved with these activities.
2. If, in the opinion of any representative of Kimberley Spirit Tours, your mental or physical condition is such as to affect your own health and safety, render you incapable to care for yourself, cause you to became a hazard to yourself or other passengers or result in you becoming objectionable to other passengers or staff, you will not be permitted to embark or continue on the whole or any part of the holiday package. Kimberley Spirit Tours is not liable to you for any costs associated with such decision and you will not be refunded for any part of the holiday package.
3. Kimberley Spirit Tours accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention or delay (including mechanical breakdown) beyond its control.
4. Any term, condition or warranty express or implied by statute or otherwise in respect of the holiday packages contained on this website are excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.
5. To the full extent permitted by law, Kimberley Spirit Tours' liability arising under or in connection with these booking conditions:
(a) is limited to the re-supply of the products or services or the payment of the cost of re-supply of the products or services to you; and (b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.
6. Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us and the travel agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of Kimberley Spirit Tours in respect to any monies paid to your travel agent unless and until Kimberley Spirit Tours notifies you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by Kimberley Spirit Tours. Kimberley Spirit Tours reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by Kimberley Spirit Tours within the specified time.
Responsible Service of Alcohol
Our staff are obligated by law to refuse service to any guest who, in their reasonable opinion, appears to be or is intoxicated, or behaves in an aggressive or offensive manner.
Kimberley Spirit Tours does not employ medical staff on tours. If you require medical attention, local medical services can be contacted immediately. You are responsible for all charges that result from a visiting a medical facility, or for a medical practitioner visiting you. Kimberley Spirit Tours is not responsible for the type or quality of the medical services you may receive.
For other passengers’ comfort there is no smoking on coaches or boats, except in designated areas.
If a problem occurs during your holiday you should, in your own interests, advise your tour director so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to Kimberley Spirit Tours within 30 days of the incident.
Touring is conducted in small 4WD vehicles with limited luggage capacity. Each passenger must limit their luggage to one small/medium soft bag weighing no more than 15kg. Cameras, make-up bags etc should be carried separately. Air travel within the Kimberley is in small aircraft which must comply with strict total weight limits, sometimes less than 15kg. These carriers will also ask for your personal weight. Kimberley Spirit Tours is not responsible or liable for an air carrier refusing to take passengers. For Kimberley tours and packages, excess luggage may entail special charter of aircraft or helicopter. This additional cost will be passed on to you.
Maps On This Website
Note that maps may not be to scale.
Please note the there are specific Terms and Conditions that are determined by:
1. the country you are in when purchasing your Kimberley Spirit Tours holiday, and
2. the destination/s that you will be travelling to.
Images within this website have been reproduced with the permission of the individual photographers and accommodations. These images are copyright to the photographer and may not be used without permission.
Prices on this website are valid until 31 December 2016. Please enquire for 2017 rates.