Travel Terms & Conditions

Terms and Conditions V3

DFWU Pty Ltd ACN 605 519 800

Trading as Big Heart Adventures ABN 45 916 804 084

It is important that you read and understand the following conditions before making your booking. By paying your deposit, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

• 1. Reservation and Deposits

All prices are in Australian dollars and are quoted on a per person basis. Please complete and forward the Booking Form accompanied by a non-refundable deposit as specified in these Terms and Conditions and a copy of your passport to Big Heart Adventures. PLEASE NOTE THAT THE DEPOSIT IS STRICTLY NON-REFUNDABLE.

Please complete and forward the Booking Form to Big Heart Adventures to express your interest in a tour. If you are ready to reserve your booking on a tour, please include payment of the deposit and give us a copy of the identification section of your passport.

The table below sets out:

• The deposit required for a tour;
• The last date your deposit must be paid to reserve your booking on a tour;
• The last date the full fee must be paid to reserve your booking on a tour;
• The first date from which your deposit is non-refundable;
• The first date from which the full fee is non-refundable.

All prices are in Australian dollars and are quoted on a per person basis.

• 2. Fees & Charges

All fully inclusive prices indicated in the Tour are based on group travel and any deviation from the set itinerary may incur additional costs. Arrangements such as transfers, accommodation, flights etc. outside the set Tour arrangements/dates are at an additional cost. Prices are subject to change without notice due to currency exchange fluctuations and other unforeseeable circumstances before the tour departure date.

• 3. Airline Fuel Levy Surcharge

Since 2004 all airlines have been charging a fuel levy surcharge, on top of normal airline ticket price, in order to cover the increased cost of aviation fuel. As fuel prices may fluctuate, so too will the amount the airlines charge for this levy. This amount will be advised to you at the time of your booking and is subject to change until your flight ticket is issued if your Tour includes flights in the Tour price.

• 4. Amendment & Booking Fees

If you vary your booking, tour departure date or name transfers (where permitted), an additional fee of up to $50 may be charged. Re-issuance of airline tickets will incur additional fees from $150 per person and other fees may apply. Once a booking is confirmed, name transfers are not permitted as this will be regarded as a cancellation.

• 5. Cancellation Policy

If you withdraw from a tour after the first date on which a payment you have made is non-refundable, Big Heart Adventures is not obliged to refund that payment and is entitled to such payment as a cancellation fee. This applies where you withdraw from the tour before it commences, where you fail to join the tour or you withdraw from the tour after joining it. It also applies where you withdraw because you are not permitted to travel or it is undesirable for you to join the tour, for example, if you are ill. Clause 1 sets out the first date on which a payment made for a tour is non-refundable. You should obtain travel insurance including to insure you against non-refundable or cancellation costs including for existing medical conditions.

Big Heart Adventures is entitled to cancel a tour at any time where the number of participants which have fully paid for their reservation is less than the minimum required. A refund on deposit or full tour payment will be made where Big Heart Adventures cancels a tour and this is not the result of your acts or omissions (for example, if your withdrawal has affected the minimum required for the tour, Big Heart Adventures has a right to decline your request for a refund). You should not book any other tour arrangements until your departure has been guaranteed in writing by Big Heart Adventures. Big Heart Adventures also reserves the right to cancel, postpone, re-route or amend a tour due to circumstances outside its reasonable control such as war, riots, civil strife, terrorist activities, industrial disputes, natural or human caused disasters, adverse weather conditions and epidemics or pandemics.

• 6. Refusal of Carriage

Big Heart Adventures reserves the right to remove customers from our group for reasons that impact on the enjoyment or safety of other tour members, but not limited to, the physical, medical or mental inability of customers to undertake the arrangements of the Tour, unsocial or unruly behaviour, or the carriage of prohibited substances and materials. To be clear, as such removal is as a result of your conduct, you are not entitled to any refund or payment and you remain fully responsible for paying all amounts for the Tour or activity you have contracted for under these Terms and Conditions.

• 7. Travel Documents

All travellers require valid passports with at least 6 months validity from the date of return to Australia. Some countries may require longer. In some instances, it is necessary to have completely blank pages in your passport to allow for entry visas. Travellers are also responsible for necessary visas and health certificates and must meet all costs incurred to comply with these requirements. Big Heart Adventures will assist in providing you with information required regarding visas for relevant countries, as part of your booking. However, this information as well as other related information as supplied by Big Heart Adventures is supplied in good faith and should be treated as a guide only. The final responsibility for ensuring documentation is correct is your responsibility. Visa costs are not included in the advertised Tour price unless otherwise explicitly stated. Big Heart Adventures does not issue foreign visas. We only submit passports and application forms for visas to be issued by the relevant authorities. In the event that you are travelling to a country or countries which do not require a visa for Australian passport holders, you must tell us if you have been arrested or convicted in respect of any offence or breach of law. Failure to disclose such information may lead to you being refused entry upon arrival in certain countries. In that event, we take no responsibility. If you do not wish to disclose such personal information to us, then you must contact the embassy of each country of destination and make your own arrangements in regard to entry to that country. Big Heart Adventures cannot guarantee that any visa will be issued by the relevant authority and accepts no responsibility if a visa application is refused or delayed resulting in you not having your visa and passport returned to you in time for travel. To be clear, if you are unable to join a Tour or have to leave a Tour prematurely as a result of any visa or passport issues, you are not entitled to any refund or payment and you remain fully responsible for paying all amounts for the Tour or activity you have contracted for under these Terms and Conditions.

• 8. Travel Insurance

Travel insurance is compulsory on all of our international tours (ex-Australia) and Big Heart Adventures strongly recommend customers arrange travel insurance for all tours including overnight domestic trips. Your insurance should provide cover against personal accident and sickness, medical expenses, emergency repatriation and personal liability. We also recommend that the policy covers cancellation, curtailment and loss of luggage and personal effects. Big Heart Adventures cannot be held responsible where travel insurance has been recommended/offered and not obtained or for insufficient cover for any loss(es).

• 9. Medical Information

It is a condition of booking with Big Heart Adventures that you complete and provide us with a fully completed Travel Booking Form including Medical Questions. All customers must possess physical and mental fitness well enough to travel on the Tour they are booking onto and are required to familiarise themselves with any health requirements specific to the countries being visited if heading overseas with Big Heart Adventures. Customers with a pre-existing medical condition that affects their fitness to travel, or any medical/dietary requirements must disclose such conditions or requirements to Big Heart Adventures when booking their Tour and may be required to provide written confirmation from their doctor that they are fit to travel when requested. It is the client’s sole responsibility to ensure that they have had all necessary inoculations, immunisations required prior to departure. All customers should visit their doctor to confirm that they are physically able to undertake the day-to-day requirements of the Tour prior to booking. Should any ailments either exist at the time of booking, or arise before their departure from Australia, the customer must inform Big Heart Adventures of these in writing. No liability shall attach to Big Heart Adventures for the provision of an unsuitable holiday for persons unfit for travel where disclosure of related physical or medical conditions have not been made directly with the Organiser.

Big Heart Adventures reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour leader determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others. For the safety and welfare of staff and other customers you will be denied permission to travel or participate in an event if you are diagnosed with or have symptoms of an infectious illness, and you are experiencing symptoms 72 hours or less prior to departure. If you are diagnosed with or have been exposed to the COVID-19 virus, you cannot participate in a Tour without a current medical doctor’s certificate that you no longer carry the COVID-19 virus, the common flu or other virus and you must not be experiencing symptoms while travelling or participating in an event.

The condition of medical facilities in the countries you may visit on your Tour varies and Big Heart Adventures makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

• 10. Training Activities

Any training activities which you participate in, as organised by Big Heart Adventures is at your own risk. These are recommended as part of certain Tours, in order to assist participants in preparing for such Tours. Big Heart Adventures recommends that you immediately visit your Doctor to determine if you have any health issues and/or required fitness levels to undertake the travel activities and/or training activities.

• 11. Statement of Responsibilities

You appreciate and acknowledge that the nature of this type of travel requires a high degree of flexibility, The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the trip’s routes, schedules, accommodation and modes of transport are subject to change without prior notice due to local circumstances or events. Should Big Heart Adventures deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any trip. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside Big Heart Adventures’ control.

Big Heart Adventures only serves as a sales agent for the applicable air carriers, the air carriers independent terms and conditions govern the purchase, use and cancellation of the applicable air ticket. Big Heart Adventures is not responsible for changes in air itineraries, flight times, and does not provide advice or alerts regarding air travel tickets, flight status or delays.

While travelling with Big Heart Adventures you agree to accept the authority of the leader at all times. The decision of the Tour leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that Big Heart Adventures reserves the right to decline, accept or retain any person as a member of the group at any time. You acknowledge that Big Heart Adventures contracts with a network of companies, government agencies and individuals to assist in the running of its tours. To the best of Big Heart Adventure’s knowledge, these third parties are qualified to perform the duties they are contracted to perform. Big Heart Adventures will not be held liable for any injury, damage, loss, delay or irregularity that may occur due to the behaviour of these third parties.

You agree to sign a waiver separate to this document at time of booking for participating in any activity as organised and led by Big Heart Adventures.

• 12. Force Majeure

Big Heart Adventures’ obligation to perform under these Terms and Conditions and to provide any service to you shall be suspended to the extent that such performance is affected, directly or indirectly, by any event or circumstance the origin or effect of which is beyond Big Heart Adventures’ reasonable control. For example, Big Heart Adventures is not obliged to perform under these Terms and Conditions to the extent such performance is affected by, directly or indirectly, by war, riots, civil strife, terrorist activities, industrial disputes, strikes, natural/nuclear disasters, adverse weather conditions, wind, hail, flood, fire and epidemics.

• 13. Accuracy of Information and limitation of liability

Big Heart Adventures does not warrant:
(a) the accuracy, completeness, or fitness for a particular purpose of any services provided by any third party supplier; and
(b) any third party supplier or endorse or recommend them. Big Heart Adventures and its third party suppliers take reasonable care that the travel information provided is correct but it is subject to change at any time without notice.

You acknowledge that:
(a) you should make your own evaluation of the accuracy or completeness of any information or booking details provided or advice provided;
(b) you are solely responsible for the suitability of any travel arrangements and/or bookings made;
(d) the role of Big Heart Adventures in relation to your travel arrangements is limited to facilitating your booking, arranging travel documentation, payments and refunds as applicable; and
(e) you are solely responsible to supply all passenger names exactly as they are on passports, correct spelling and match the details as provided on any ticket information and any subsequent reissue of tickets and/or documentation as a result of incorrect names will be at your sole expense, subject to the change of name being permitted;

(f) you and any companion you are booking on behalf of are physically and mentally capable of undertaking the activity without any risk to your safety and the safety of others in the group;

(g) any condition or warranty which would otherwise be implied by law into these Terms and Conditions, is excluded.

Big Heart Adventures, its employees, agents, representatives and other Tour participants are, to the fullest extent permitted by the law, not liable for and accepts no responsibility for any:
(a) third party service provider;
(b) inconvenience caused or expense incurred as a result of any unsuitability of travel or bookings made;
(c) technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by Big Heart Adventures to complete your travel booking where that failure is due to circumstances beyond its control;
(d) tickets lost by a third party or any charges associated with reissue and resending of documentation;
(e) cancellation fees or other expenses incurred by the Customer due to the refusal of a visa, which will be entirely the Customer’s liability;
(f) failure or delay on the part of any third party service provider providing travel services to you where your travel booking has been properly processed by it;
(g) the ability for a Customer to make a claim under their travel insurance;
(h) travel bookings made for countries where a Government Advisory or any other warning made by the Australian Government (as published on the Department of Foreign Affairs website at www.dfat.gov.au); and
(i) any acts or omissions of airlines or other third party service providers in the course of delivery of your travel booking. Where Big Heart Adventures is liable, its liability will be limited to providing the relevant travel services (as booked and paid for with Big Heart Adventures) again or to refunding the money paid in relation to the services not provided because of Big Heart Adventures failure to provide the services. Where refunds are to be obtained from third party service providers, any such refund will be subject to those terms and conditions, Big Heart Adventures will provide reasonable assistance to you in claiming such funds from those third party suppliers.

(k) travel service provider insolvency – where a third party supplier has become insolvent funds cannot be returned to the customer from Big Heart Adventures.

(m) any indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the services Big Heart Adventures provides;

(n) any loss or damage you or anyone else suffers arising out of or relating to your conduct.

(o) any bodily injury, death, sickness, emotional distress, disappointment and/or any other damages arising out of or relating to the services Big Heart Adventures provides, except to the extent that such liability may not be excluded under applicable law.

You understand that the purpose of acknowledging this document is to exempt and release Big Heart Adventures, its employees, agents and representatives and participants hereinafter as referred to as “released parties” and to hold these entities harmless from any and all loss, damage or liabilities they may suffer arising as a consequence of being a part of Big Heart Adventures activities.

In all cases, to the fullest extent permitted by the law, the aggregate liability of Big Heart Adventures to you is limited to the amounts you have paid to Big Heart Adventures for the Tour or activity in respect of which you have suffered any loss or damage less any costs which Big Heart Adventures has paid to third parties or incurred in providing such Tour or activity to you (for example, airfares).

You have read this agreement and you are aware that it is a release of liability and a contract between you and the Released Parties, you acknowledge it of your own free will and agree to be bound by it, from this date, forever into the future.

You agree to indemnify Big Heart Adventures, our affiliates and their respective officers, directors, employees, agents and representatives immediately on demand, against all claims, liabilities, damages, costs and expenses including legal fees (on a full indemnity basis) arising out of any breach of these Terms and Conditions by you or any of your negligent acts or omissions during a Tour or any activity during a Tour.

• 14. Department of Foreign Affairs and Trade Warnings

For reasons of political unrest, acts of war or terrorism or natural disasters or any other circumstance in certain parts of the world the Australian Government in conjunction with various other worldwide bodies may decide to issue a Government Advisory warning to Australian passport holders not to travel to that country or a range of other warnings. If any such Government Advisory warning or any other form of warning issued by the Australian Government, while travel to these countries is not advisable (and Big Heart Adventures recommends that you review and seek advice in respect of any travel insurance), we appreciate that some customers may still need to travel to these countries. While Big Heart Adventures is prepared to consider the circumstances and may decide to make travel bookings, it does so without responsibility or liability. Information as available on the Department of Foreign Affairs website at www.dfat.gov.au. We recommend that all Australian travellers register their personal details in accordance with the website. In the event that an accident, disaster or emergency is reported to have occurred in a country where you may be travelling, you authorise Big Heart Adventures to disclose your personal details and travel booking information to the Australian Government, Department of Foreign Affairs and Trade (or similar government department) or any other relevant agency whether in Australia or overseas.

• 15. Optional Activities

Optional Activities refer to any activity, transportation, meal, product or service not expressly included in the Tour itinerary, price or planned aspect of the Tour. Any assistance provided by the Tour leader in arranging, selecting, or booking Optional Activities is purely at your personal request, and the Tour leader disclaims all liability arising from the participation in Optional Activities or any information provided by the Tour leader regarding any Optional Activities. You acknowledge and agree that any liability for damage, loss, death, personal injury, illness and emotional distress associated with Optional Activities is the sole responsibility of the third party providing that service or activity.

• 16. Personal Images

You, and any travelling companions you are booking on behalf of:
(a) consent to the collection, disclosure and use of personal images by Big Heart Adventures and any agent taking photos or video recording (Images) and acknowledge that these may be used for marketing purposes by Big Heart Adventures for distribution via print, online (including but not limited to any social media) and video-based marketing materials, as well as other publications (from time to time);
(b) release and hold harmless Big Heart Adventures from any reasonable expectation of privacy or confidentiality associated with the Images specified above;
(c) acknowledge that your participation is voluntary and that you (nor any of your passengers) will not receive any financial compensation of any type associated with the taking or publication of these Images or participation in any marketing materials by Big Heart Adventures; and
(d) acknowledge and agree that publication of any Images confers no rights of ownership or royalties whatsoever.

(e) will not release public images of other children aged under 18 attending our events without express parental consent.

• 17. Collection of information and privacy

Unless otherwise prevented by law, you consent to the collection, use, storage and disclosure of any personal information provided for the following purposes and any other related purposes or as agreed between Big Heart Adventures and you from time to time:
(a) to manage our business relationship with you;
(b) to administer and manage our services and systems;
(c) to enter into all necessary bookings and/or arrangements with third parties, to ensure your travel;
(d) to arrange for foreign visas, as required on your behalf;
(e) to communicate with local and foreign governments, on your behalf;
(f) to enforce our legal rights;
(g) to enter into any other associated contracts with you and/or third parties, as required; and
(h) to market to and maintain a client relationship with you.

In some cases, Big Heart Adventures is not required by law to obtain your consent to collect, use, store or disclose your personal information. In such situations, the fact that you’ve consented does not also mean that Big Heart Adventures must stop collecting, using, storing or disclosing your personal information if you withdraw such consent and Big Heart Adventures is only obliged to do so if required by law. Please see our full Privacy Policy on our website https://bigheartadventures.com.au/privacy-policy/

• 18. Severability

In the event that any term, warranty or condition contained in these Terms and Conditions is unenforceable or void by operation of law or against public policy or for any other reason then such term, warranty or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

• 19. Methods of payment

We accept payments by EFT Transfer to our nominated Client Trust Account. We do not accept payment made on credit card for any events valued over $500 unless the event is listed on Eventbrite. TravelPay is our online merchant facility and merchant fees charged range from 1.2% to 3% depending on card used. Any refunds issued via credit card do not include fees paid.

• 20. Governing Law

These Terms and Conditions are governed by the laws of the state of South Australia and any legal action arising therefrom shall be litigated only in the appropriate court in that state.

• 21. Miscellaneous

Big Heart Adventures reserves the right to change, amend or delete any of these Terms and Conditions, or policies contained therein from time to time without prior notice except that if you have entered into an agreement with Big Heart Adventures on the basis of the previously applicable Terms and Conditions, those terms apply, and the changed, amended or deleted Terms and Conditions apply to all agreements you enter with Big Heart Adventures after such change, amendment or deletion until any further change, amendment or deletion. The latest copy of these Terms and Conditions is maintained and made available at https://bigheartadventures.com.au/travel-terms-conditions/. Customers and travellers are responsible for periodically checking our website to update themselves on the latest terms and conditions.