Terms of Service
LookAbout Tours Terms
Terms of Service
Last updated 30/01/24
1. Application of Terms
a. The Barreeler Pty Ltd (hereinafter referred to as “LookAbout Tours”, “we”, “us” or “our”) provides tours and shuttles in and around the Top End, Northern Territory Australia, or from other locations from time to time (hereinafter “Experiences”).
b. These Terms and Conditions (hereinafter “Terms”) apply to all Experiences and related activities that we provide.
c. We reserve the right to review and change any of these Terms from time to time, by updating this page. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of Terms
a. Please read these Terms carefully.
b. By booking an Experience or taking part in an Experience, this signifies that you have read, understood and agreed to be bound by these Terms.
c. If you do not agree with these Terms, you must not book an Experience and you must not take part in an Experience.
3. Bookings and Payments
a. All Tours: Bookings are essential and require payment of deposit or in full to confirm booking.
- The cost of meals and refreshments are not included in the booking prices.
- Northern Territory National Park and Kakadu Permits are included in booking prices.
b. Fogg Dam and Humpty Doo Hotel Tour - Full payment is required at time of booking.
c. Private Tours Single and Multi Day
- 25% non-refundable deposit is required at time of booking.
- Payment of balance of invoice is required 28 days prior to your confirmed tour start date.
d. All gift cards and vouchers must be redeemed online
4. Cancellations
a. Fogg Dam and Humpty Doo Hotel Tour - We accept cancellations for a full refund up to 24 hours prior to the scheduled start time. If you cancel within 24 hours of the confirmed scheduled start time, no refund will be provided. Bookings must be cancelled directly through the original booking agent.
b. Private Tours Single and Multi Day
- If you cancel before final payment has been made we will allow a one off transfer of the 25%
non-refundable deposit to another available date/s within the next 18 months of the initial booking (less fees already paid).
- If you cancel after full payment has been made and it is more than 28 days before the confirmed start date/time we will offer you a 75% refund (less already paid booking fees).
- If you cancel after full payment has been made and it is within 28 - 15 days of the confirmed start date/time of your experience, we will offer you a 30% refund (less already paid booking fees).
- If you cancel after full payment has been made and it is with in 14 days of the confirmed start date/time of your experience, no refund will be paid.
c. Amendments to Private Tour Itinerary's will be allowed up to 28 days prior to start of tour less any costs already incurred and not recoverable and if time permits.
d. We will not provide refunds for ‘no-shows’ or if you are late for your booked experience, as our ability to fill the seat(s) will have been lost.
e. Extenuating circumstances requiring refunds will be assessed on a case by case basis, and any decision to provide a refund less credit card and booking fees will be made at our sole discretion.
f. In the event that you believe we have failed to provide the services as described, then you may have certain rights (including a right to a refund) under certain consumer protection laws such as the Australian Consumer Law. We will honour any of our obligations under the Australian Consumer Law or other consumer protection laws.
g. We and our staff reserve the right to cancel Experiences or modify any aspect of Experiences in the interests of guests, staff and the safety of the environment and/or animal welfare.
h. We and our staff reserve the right to cancel Experiences for any reason, including but not limited to weather conditions, safety, security, operating requirements and circumstances beyond our control. In these occurrences we will offer an alternative or a full refund of your ticket price.
i. Travel insurance - We strongly encourage that all participants are adequately insured for the duration of your Experience. We recommend comprehensive travel insurance to cover cancellation, medical requirements including death or permanent disability, medical evacuation, luggage and additional expenses . The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your Deposit.
5. Participant Age and Legal Capacity
a. If the person taking part in the Experience (hereinafter the “Participant”) is aged under 18 years of age, or otherwise lacks legal capacity, then a parent or guardian (hereinafter “Guardian”) must agree to these Terms on the Participant’s behalf.
b. If a Guardian is not agreeing to these Terms on the Participant’s behalf:
i. The Participant represents and warrants that they are aged 18 years or older; and
ii. The Participant represents and warrants that they have full legal capacity to enter these Terms; and
iii. The Participant represents and warrants that they have read and understood these Terms prior to booking and/or paying for the Experience and they agree that these Terms will be binding upon the Participant’s heirs, next of kin, executors, administrators and successors.
c. If a Guardian is agreeing to these Terms on the Participant’s behalf:
i. The Guardian represents and warrants that they have full legal authority to enter these Terms on the Participant’s behalf; and
ii. The Guardian represents and warrants that the Participant is aged 4 years or older; and
iii. The Guardian represents and warrants that they have read and understood these Terms prior to the Experience being booked and/or paid for, and have explained these Terms to the Participant and have ensured that the Participant understands their obligations under these Terms; and
iv. The Guardian acknowledges and agrees that these Terms will be binding upon the Guardian and the Participant, as well as their heirs, next of kin, executors, administrators and successors; and
v. The Guardian acknowledges and agrees that throughout these Terms, any references to the “Participant”, “you” or “your” refer to the Participant as well as the Guardian.
6. Participant Requirements
a. The minimum age for a Participants, is 4 years of age.
b. Participants between and including the ages 4 – 6 are required by Northern Territory Law to ride in a provided booster seat in the vehicle and Lookabout Tours must be notified at the time of booking of any participants in this age group.
c. Participants must wear the provided seat belt in the bus.
d. Participants must wear appropriate clothing, gear and footwear in line with safety standards at all times for their booked Experience. We recommend that Participants wear comfortable walking shoes, carry with them sunscreen and a sun hat, water and insect repellent.
e. Our vehicle is not equipped for Wheelchair Accessibility and some Experiences require a small to medium level of fitness. Participants with medical conditions and disabilities must contact us prior to booking to see if the Experience is suitable.
f. Participants must immediately notify a staff member if they have a safety concern.
g. Where food is provided in the cost of the Experience the Participant must list any specific dietary requirements in the special requests at time of booking. LookAbout Tours is not responsible for the menu at restaurants cafes and the like that are visited as part of an Experience.
7. Participant Warranty
a. The Participant hereby warrants and represents:
i. The Participant understands the nature of the Experience and the risks involved with it; and
ii. The Participant acknowledges and understands that the Participant is choosing voluntarily to take part in the Experience and that the Participant is free to refuse to participate in it at any time; and
iii. The Participant is in good health and physical condition; and
iv. The Participant does not suffer from any health condition which may affect their ability to safely participate in the Experience; and
v. If the Participant has any concerns or reservations about their health or their ability to participate safely in the Experience, they must take advice from a medical professional before taking part in the Experience; and
vi. If at any time the Participant believes that the conditions of the Experience are unsafe for the Participant (taking into account their own health and physical circumstances), the Participant will immediately stop taking part in the Experience.
8. Staff
a. Should our Staff determine, in their sole discretion, that one or more Participants are acting in an unsafe manner, or if Participant(s) fail to obey the instructions or directions, the Staff may instruct the relevant Participant(s) to cease taking part in the Experience, or to terminate the Experience altogether. In such circumstances, no refunds or credits will be provided for unused portions of the Experience.
b. Should our staff determine, in their sole discretion, that for any reason, it is unsafe for a Participant to take part in the Experience, or to continue taking part in the Experience, the Staff may instruct the relevant Participant to cease taking part in the Experience. In such circumstances, no refunds or credits will be provided for unused portions of the Experience.
c. Participants believed by staff to be under the influence of alcohol, drugs or any other substance or medication that may impede their cognitive or physical function will be refused participation in the Experience. In such circumstances, no refunds or credits will be provided for unused portions of the Experience.
9. Acknowledgement of Risk
a. Safety is our priority, and we take all reasonable steps to ensure the safety and wellbeing of all Participants, all Staff, and all members of the public. However, Experiences can unexpectedly become dangerous and uncontrollable activity and there are many risks that cannot be avoided.
b. The Participant agrees that they are not relying on any oral, written, visual or other inducement or coercion by us and/or our Staff to take part in an Experience and hence do so of their own free will.
c. By booking an Experience, the Participant confirms that they understand and acknowledge this.
10. Liability
a. The Participant participates in an Experience at their own risk.
b. By booking an Experience, the Participant agrees and acknowledges that to the maximum extent permitted by law, we are not liable for any loss, injury or death which the Participant may incur as a result of their participation in the Experience, and we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from the Participant’s participation in the Experience.
c. Whilst every reasonable precaution will be taken to prevent accident and injury, we and our Representatives will not be responsible for any accident or injury, damage or loss and this condition of contract may be pleaded by us and our Representatives as a bar to any action proceeding for breach of contract, negligence or any other liability sustained such as injury, damage or loss.
11. Waiver and Release
a. In consideration for us accepting a Participant’s booking and permitting the Participant to participate in an Experience, the Participant agrees to release us from all liability and assumption of risk, to the maximum extent permitted by law.
b. The Participant, on behalf of themself, their heirs, assigns, administrators, executors and next of kin hereby irrevocably and unconditionally waives any and all claims, expenses, causes of action, debts, demands, damages, or other liabilities whatsoever (hereinafter "Liabilities"), whether direct or indirect, and whether known or unknown that they may have now or in the future against us, together with any of our directors, trustees, officers, contractors, employees, guides, instructors, staff, agents, assignees, successors, or other representatives (hereinafter "Representatives").
c. The Participant hereby releases us and our Representatives from any such Liabilities which the Participant may have or may at any time incur against us or any of our Representatives, whether direct or indirect, and whether known or unknown, and whether in contract, tort, equity or otherwise, except Liabilities arising out of gross negligence by us or our Representatives.
12. Indemnity
The Participant, on behalf of themself, their heirs, assigns, administrators, executors and next of kin hereby irrevocably and unconditionally, releases us, discharges us, indemnifies us, and keeps us indemnified, together with any of the our Representatives, from any and all Liabilities, whether direct or indirect, and whether known or unknown, which we or our Representatives may incur now or in the future in connection with the Participant’s breach of these Terms, or the Participant’s participation in the Experience.
13. Insurance
Barreeler Pty Ltd is not responsible for the costs of alternative travel arrangements that arise from the cancellation, rescheduling and unexpected changes to our tours. We strongly recommend that all Participants purchase and maintain travel and health insurance to cover any and all losses and liabilities that they may incur while participating in an Experience, including but not limited to coverage for injuries, death or permanent disability that the Participant may suffer on an Experience, as well as property damage, third party liability and other travel arrangements that may be affected.
14. Authority to Provide Assistance
The Participant hereby authorises us and our Staff to provide first aid, to seek emergency medical support and/or to transport the Participant to a medical facility in the event that the Participant suffers an injury or medical emergency at any time. The Participant acknowledges and accepts that the Participant will be
15. Survival of Obligations
Notwithstanding any other provisions of these Terms, at the termination, expiration or completion of these Terms, any provisions of these Terms which would by their nature be expected to survive termination, expiration or completion shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination, expiration or completion.
17. No Waiver
None of our powers or rights created under these Terms shall be deemed to have been waived by any act or acquiescence of us. Our powers or rights under these Terms may only be waived by us in writing. No waiver by us of any power or right under these Terms shall constitute a waiver of any other power or right or of the same power or right on a future date. Our failure to enforce any provisions of these Terms shall not constitute a waiver of such provision or any other provision.
18. Severability
If any provision of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of these Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in these Terms.
19. Governing Law
These Terms are governed by the laws of the Northern Territory which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Northern Territory for determining any dispute concerning these Terms.
20. Contact Us
To contact us about these Terms or to seek further information, you may write to info@lookabouttours.com.au