Terms and Conditions

1. Binding Terms and Conditions

1.1 These Terms and Conditions form part of your Booking and are legally binding on all parties

travelling under such Booking (including any parties not expressly noted in the Booking).

1.2 If you completed the Booking on behalf of any one or more individuals, you warrant that the

information provided is correct and that you are authorised to provide us with that information, and

that we may use such information for the purposes of facilitating the Tag Along Tours (‘the Tour’)

and that you have conveyed these terms and conditions to them. You agree to indemnify Koper

Company Pty Ltd against any claims from third parties who have not been properly informed by

you.

1.3 Your Booking of a Tour is confirmed when:

(a) you have provided the information we require to complete your Booking;

(b) you have paid the initial 20% deposit (or balance payment under Clause 2.2) in accordance

with these Terms and Conditions; and

1.4 In making the Booking you agree that you (and any other individual included in the Booking) have

not relied on any promises, assurances or representations made by us or any agent, contractor,

third party (associated with the Tour) or individual in the employ of Koper Company Pty Ltd.

2. Payment Policy

2.1 Please refer to the Koping In The Outback website for all Tour fees and costs. In the case of any

dispute or uncertainty as to a Tour fee, the information on the website shall prevail.

2.2 Additional fees apply to Bookings of 2 or more parties.

2.3 After making the Booking and receiving a Booking Confirmation, you must pay an initial 20%

deposit of the total Tour fee. Payments may be made via our Booking Form via the webite or by

tax invoice (and in accordance with the payment terms therein). All deposits are non-refundable.

2.4 The balance amount (80% of the Tour fee) is due and payable not less than 30 days prior to the

Tour commencement date (‘the Tour Date’). If you have received a Booking Confirmation within

30 days of the Tour Date, the balance amount must be made not less than 14 days prior to the

Tour Date.

2.5 If requested, a tax invoice (reflecting the balance amount payable by you) will be sent to your

nominated email address. If we have not received the balance amount by way of direct deposit (or

other means) by:

(a) the date that is 30 days prior to the Tour Date;

(b) the date that is 14 days prior to the Tour Date (in accordance with Clause 2.4); or

(c) the date nominated by the director, tour leader or an authorised representative of Koper Company Pty Ltd, the initial deposit will be forfeited and your Booking will be cancelled.

2.6 All prices include 10% GST.

2.7 Payment may be made by Visa, Master Card, Eftpos, PayPal or direct deposit and in accordance

with the payment provisions under Clause 2.5. We do not accept payment by American

Express. Payments by Credit Card, Visa, Master Card, Eftpos or PayPal will attract a handling fee

payable by you, which may be disclosed at the time of booking and/or disclosed in the tax invoice.

3. We reserve the right to increase the Tour cost, with reasonable notice provided to you, based on

normal exigencies of the operation of the Tour (such as availability of materials, increased material

costs, any increases to third-party providers (e.g. restaurants and/or venues and any third-party

providers or recreational activities included in the Tour).

Cancellation Policy

3.1 We reserve the right to cancel any scheduled or advertised Tour at any time due to lack of

participation, severe weather, natural disaster, force majeure events, safety factors, guidelines or

directions prescribed by the State or Commonwealth government, agency or authority, world

unrest, contraction or spread of any disease or illness or any other reason whatsoever (including

cancellation of any third-party providers which we are bound by). Such decision to cancel a Tour

will be made in the best interests of passengers’ safety or as mandated by law or regulation.

3.2 We will immediately notify you of any occurrence under Clause 3.1 and offer the possibility to:

(a) reschedule the Tour on an alternative tour date; or

(b) refund the Tour booking fee, less any non-refundable deposit and handling or administrative fees which we have paid on your behalf.

3.3 A refund of the Tour fee (pursuant to Clause 3.2) constitutes full and final settlement between the

parties, and you are not entitled to bring any action, claim, proceeding or suit against Koper

Company Pty Ltd (in law or equity) for any loss or damage suffered by you or a member of your

Booking. Such loss may include (but is not limited to) prepaid airline tickets, accommodation

reservations, insurance premiums or any other expense paid in readiness or in connection with the

Tour.

3.4 If you cancel the Tour, the initial deposit is non-refundable.

3.5 The following terms apply if you cancel the Tour after you have paid the balance amount of the

Tour fee:

(a) if cancelled 30 or more days before the Tour Date, we will refund 100% of the Tour fee, less the non-refundable deposit and any administrative or handling fees;

(b) if cancelled 21 days prior to the Tour Date, 75% of your Tour fee will be refunded, less the

non-refundable deposit and any administrative or handling fees; or

If you do not arrive at the required destination at the commencement of the Tour (in accordance

with the Tour itinerary) and unless we receive correspondence from you justifying your delay

circumstance or reasons for non-attendance, we reserve the right to retain 100% of the paid Tour

fee.

3.6 We maintain sole discretion to refund the balance amount (less the non-refundable deposit and

any administrative or handling fees) based on the individual circumstances and reasons for your

cancellation of the Tour.

4. Customer Acknowledgements

You acknowledge and agree that:

(a) you are solely responsible for your own health and physical fitness. We strongly advise that you have a thorough medical examination prior to any given Tour to avoid any health- related problems during the Tour;

(b) Tours may operate in remote areas and from time to time it may be necessary or desirable to make changes to an itinerary and if so, we will make appropriate changes to the itinerary without your prior consent;

(c) a Tour must have a minimum of 3 participating vehicles and we reserve the right to cancel the Tour in accordance with Clause 3;

(d) Tours are challenging self-drive adventures and you are solely responsible for:

(i) the safety of all passengers in your vehicle;

(ii) any damage to your vehicle and all equipment; and

(iii) driving to the conditions (or in accordance with our express verbal or written instructions) at all times;

(e) Tours may include recreational activities with various risks and dangers which may be beyond our control. You agree your participation in activities is at your own risk and of your own free will. (Tour activities may include bush walking, swimming, camping, travelling in remote and undeveloped locations some distance from hospitals, medical centres or facilities, buggy and ATV tours, water expeditions and the like);

(f) we reserve the right to terminate your participation in the Tour (including members of your Booking) if, in the opinion of the tour leader, your conduct (or the conduct of a member of your Booking) is placing another passenger or participant at risk, or is adversely affecting the enjoyment of other passengers, for whatever cause;

(g) we reserve the right to terminate your participation in the Tour (including members of your Booking) for non-adherence to any rules or directions;

(h) we cannot guarantee exact arrival and departure times, nor can we guarantee the services provided by third party providers connected with the Tour, nor the operation of any particular service;

(i) we are not a carrier, hotelier, travel agent or owner of watercraft, aircraft or accommodation and all bookings made with us are subject to the terms and conditions (and limitations on liability) imposed by other suppliers and/or third parties; and

(j) if a minor (under 18 years of age) is participating in a Tour, you confirm (upon submitting the Booking) that you are the parent or guardian with legal responsibility for the participant of minor age (‘the minor’), and consent and agree to release Koper Company Pty Ltd of all liability and for the minor, release and agree to indemnify Koper Company Pty Ltd for any and all liabilities arising from and incident to the minor’s participation in the Tour.

5. Further Driver and Passenger Acknowledgements

You acknowledge the following terms and requirements as conditions precedent to any given Tour:

(a) to follow our written and verbal instructions, safety recommendations and any requirements, terms and conditions relevant to each activity and/or venue during the Tour;

(b) to conduct yourself in a reasonable and prudent manner, and not to act in a manner which may distress, endanger, offend other participants/passengers or tour staff;

(d) all costs associated with the Tour, including any additional fees connected with the Tour (outlined by us) and any consequential or unanticipated losses or expenses are payable by you;

(e) if you are a driver, you have a suitable level of driving experience and skill, especially in comparable terrain to destinations noted in the Tour. (It is paramount that you select a Tour (each of which are graded based on level of difficulty) that is commensurate with your level of driving and off-road experience);

(f) if you are a driver, you have a driver’s licence (which is valid in Australia) and that your licence will be current for the duration of the Tour;

(g) any vehicle that you use on the Tour is registered and comprehensively insured (with appropriate policy inclusions such as towing and roadside assistance);

(h) you (or any passengers or members of your Booking) do not have a (or any) pre-existing medical condition(s), ailments or a disability which will or may prevent or affect your ability to safely complete the Tour;

(i) you (and any passengers or members of your Booking, as required) have, or will have at the Tour Date, comprehensive travel insurance policy which covers cancellation, medical evacuation, injury, damage or theft of personal property and any other cover you think reasonably necessary to protect against force majeure events;

(j) your vehicle has been and will be maintained to a standard commensurate with the actual and anticipated conditions of the Tour;

(k) if we request proof or supporting documentation of any of the above noted items you will provide such documentation immediately upon request; and

(l) you have read and understood these Terms and Conditions and requirements, and have made appropriate arrangements to comply with these terms prior to the Tour Date.

6. Intellectual Property and Branding

6.1 All information provided to you is strictly the property of Koper Company Pty Ltd. Any marketing

information, Tour documentation, Koping In The Outback branding or material whatsoever (whether

provided or obtained electronically or in paper form) is strictly for the use of the members to the

Booking and for the purposes of the Tour only. Any non-compliance with this clause will deem you

in breach of these Terms and Conditions.

Any party using intellectual property, marketing information, Tour documentation or any other

material that is the property of Koper Company Pty Ltd for a purpose other than that of participating

in the Tour, or using such information to derive a benefit, will be in breach of these Terms and

Conditions.

7. Release and Indemnity

By completing the Booking, you agree to the terms of waiver contained herein and assumption of

risks of the Tour and:

(a) release Koper Company Pty Ltd from any liability Koper Company Pty Ltd may have in relation to the Tour and under these Terms and Conditions, and other loss suffered by you (including any member of the Booking), or incurred by our breach of these Terms and Conditions; and

(b) indemnify, and will keep indemnified Koper Company Pty Ltd from and against all losses whatsoever arising as a result of, or in connection with, the Tour or our breach under these Terms and Conditions.

8. Waiver

By completing the Booking with Koper Company Pty Ltd (and its affiliates), you confirm and agree that:

(a) you have read these Terms and Conditions and understand the inherent and associated risks of participating in a Tour and choose to participate in the Tour of your own free will;

(b) you are aware that by completing the Booking you are waiving certain legal rights which you may have against Koper Company Pty Ltd;

(c) you have taken all necessary and recommended steps to adequately prepare for the Tour (including but not limited to taking out policies of insurance, prior medical examinations and ensuring the working order of any vehicle(s));

(d) in the event that you, or a member or passenger of your Booking suffers, loss, damage or injury, whether directly or indirectly as a result of the Tour, you agree to waive any and all claims, actions (in law and/or in equity), suits or proceedings whatsoever you have or may have against Koper Company Pty Ltd and release Koper Company Pty Ltd from all liability;

(e) these Terms and Conditions shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns representatives, in the event of my death or incapacity;

(f) these Terms and Conditions and any rights, duties and obligations between the parties to this agreement shall be governed by the jurisdiction of the State of Queensland;

8.2 In consideration of your waiver under Clause 7, we agree to:

(a) comply with statutory or regulatory requirements imposed by third parties including, without limitation, Local, State, Territory and Federal government and agencies and National Park owners or operators;

(b) to use our best endeavours to complete the Tour as advertised or conveyed to you, however make no warranty as to the services and activities provided on any given Tour (including by any third-parties connected with the Tour); and

(c) advise on and answer any queries you may have regarding the nature of the Tour, the activities, any likely fees which may be payable in addition to the Tour fee, suitable equipment and supplies for the Tour and any events which may delay or necessitate cancellation of the Tour.

8.3 If we, acting reasonably, take action necessary for the provision of medical services including,

without limitation, medical evacuation by air or road you will be liable for the costs of, and

associated with, that action.

Definitions

Booking means the booking you made via our website or online submission or enquiry made via Instagram

or Facebook, by direct liaison with an agent of Koper Company Pty Ltd.

Booking Confirmation means formal written correspondence from an officer or agent of Koper Company

Pty Ltd Ato you (the party who made the Booking) confirming the Booking and enclosing further information

for the Tour (ie. initial paperwork, a Welcome Pack, an invoice or request for payment of the balance amount

of the Tour fee).

Force Majeure means an act of God, peril of the sea, accident of navigation, war (including civil war),

sabotage, riot, insurrection, civil commotion, coup d’état, national emergency, martial law, fire (including

wildfire), explosion, lightning, flood, tsunami, cyclone, hurricane, tornado or other major weather event,

earthquake, landslide, volcanic eruption or other natural catastrophe, epidemic, pandemic, quarantine,

outbreaks of infectious disease or any other public health crisis, radiation or radioactive contamination,

national strike or other major lack of availability of labour, raw materials or energy beyond the control of the

affected party. For the avoidance of doubt, the inability of a party to make a profit or avoid a financial loss,

changes in market prices or conditions, or a party’s inability to perform its obligations due to insufficiency

of finance does not in itself constitute Force Majeure.

Lack of participation means the minimum number of customers necessary to facilitate any given tour

nominated at Clause 4 (which may be varied from time to time).

Member means (and includes) all individuals included in your Booking and travelling with you as part of

your Booking (also referred to as ‘party’, ‘person’ ‘you’ or ‘individual’)

Tag Along Tours means tours conducted by Koper Company Pty Ltd.

You means the customer, participant and/or passenger who made the Booking and/or received the Booking

Confirmation, including any Member to the Booking or travelling with you who is bound by these Terms and