BOOKING TERMS & CONDITIONS, GENERAL TERMS & CONDITIONS, LIABILITY RELEASE and WAIVER FORM – Participants.
K L Way & N Winter registered as Found Bali Safari (ABN 5955-9418-409)
These Terms and Conditions (Participants) contain important information. It is essential that you read them carefully and understand them.
Thank you for joining Found Bali Safari on one of our Homeware and Interior Design Shopping Safari also known as Ultimate Safari Package. For the purpose of this document we will use the word “Tour”. Our services are provided to you subject to these terms and conditions. These terms and conditions can only be amended in writing by Found Bali Safari. They are incapable of amendment or waiver by an employee, agent or representative of Found Bali Safari or by any other supplier. These terms and conditions are to be read in conjunction with the Booking Terms and Conditions both of which govern your participation in the tour.
Booking Terms and Conditions
TOUR SCHEDULE / Found Bali Safari Tours are run to schedule and can not be delayed by waiting for guests. Any direct business made with suppliers, retailers and manufacturers must be done in your own time. This ensures a great experience for everyone on the tour.
PACKAGE CHANGES / The package schedule and inclusions can change at any time without notice. The current information, as listed on the website, at the time of each Tour is always applicable.
DEPOSIT / To confirm your place on our Tour, a non-refundable deposit must be made upon booking. Deposit amounts may vary from package to package and are clearly stated on our website.
BALANCE OF PAYMENTS / Upon receipt of your deposit, you will be invoiced for the balance of payment which is due by the date stated on our website at the time of booking.
To completely secure your spot on the booked Tour, your final payment must be paid in full by the due date. Reminder emails will be sent to fully inform you of this prior to this happening. Please make sure our email address is added to your contacts: firstname.lastname@example.org.
LATE PAYMENT FEE / Failure to pay balance of payments on time will attract penalty fees of $10/day, starting on the first day of overdue payment. If you do not pay your balance payment after 14 days past the due date, your place will be released and resold and your deposit funds made will be forfeited.
TIMEFRAME / If a booking is made within three months of the start of the Tour, the full amount is required to confirm your place.
***MANDATORY TRAVEL INSURANCE / To participate in a Found Bali Safari Tour, all guests must obtain travel insurance that covers the individual for all medical treatment while travelling abroad; along with a trip cancellation insurance, which covers the individual or company, in this case Found Bali Safari, if a Tour is cancelled by either party.
Proof of insurance will be required prior to participation. Failure to provide proof of insurance will forfeit your place on the Tour, and the cancellation policy will apply.
LIABILITY WAIVER FORM / All participants will be required to agree to the terms set up on the Liability Waiver Form prior to participation. Failure to agree prior to participation, will forfeit your place on the Tour, and the cancellation policy will apply.
CANCELLATIONS / If Found Bali Safari is forced to cancellation a tour or any part of a tour due to notorious weather or other unpredictable circumstances such as landslides, road blockages, floods, volcano, earthquake, political unrest or delay of arrival of staff, it will not refund or reschedule any part of the tour. The individual parties are each responsible to claim any losses through their Travel Insurance.
Found Bali Safari are not responsible for expenses incurred in preparation for any cancelled trips, such as airline tickets, travel insurance, or for costs incurred due to travel delays, flight cancellation, personal illness or family illness or death.
POSTPONEMENT / For any postponement of a Tour, or change of booking to an alternative date, the cancellation policy applies.
GUEST CANCELLATIONS / All payments are non-refundable including deposit payments, and the terms outlined under Cancellations applies.
All cancellations must be received in writing via email to email@example.com.
PAYMENT METHODS / Found Bali Safari accept MasterCard, Visa and Apple Pay with no credit card surcharge. We accept Bank Transfers from Australian Bank Accounts. If you wish to make an international bank transfer from outside of Australia, any bank fees incurred through transferring funds are the responsibility of the guest.
DISCOUNTS, REFUNDS / Found Bali Safari does not offer discounts, refunds or credits for arriving late, leaving early or missing any of the activities while on the Tour.
FEMALE ONLY RULE / The majority of advertised Tours are strictly female only. However, some tours are open to male and female guests. Please read each tour carefully before booking. If you are unsure if a tour is for female only or male/female, please contact us using the form on our website.
AGE RESTRICTION / Guests must be at least 18 years of age to attend our Tours. Guests under this age may be allowed to attend the Tour provided they are accompanied by a guardian aged 18 years or older and this has been granted by Found Bali staff.
TRANSFERABLE / A Tour reservation is fully transferable to another person over the age of 18, for the same date and package. All Terms & Conditions apply to the Transferee, including the Liability Release and Waiver Form and Mandatory Travel Insurance.
General Terms & Conditions
PARTIES / These terms and conditions (including the exclusion of liability) bind you the Participant at the time of booking. References in these terms and conditions to Found Bali Safari includes (where the context permits) our employees, agents, contractors and suppliers and these terms and conditions (including exclusions from liability) apply to their benefit.
ACKNOWLEDGEMENTS / Travelling with Found Bali Safari requires a degree of flexibility, good humour and an understanding that modes of transport, accommodation and itineraries may change. This can happen even after the tour has commenced, without prior notice due to circumstances beyond our control or when we deem it to be necessary such as tour delay, cancellation or postponement due to notorious weather in Bali, or other unpredictable circumstances such as landslides, road blockages, floods, volcano, earthquake, political unrest or delay of arrival etc.
Accordingly, we reserve the right to amend, vary, reroute or cancel our tours and we cannot guarantee exact arrival or departure times for certain aspects of the tour. To make this trip as fun and stress-free as possible, you must comply with our directions and advice while undertaking the tour and for matters related to the tour. You must also comply with all laws and legal (including visa) requirements of Indonesia while participating in the tour.
You acknowledge that participation on the tour involves group interaction with other participants and Found Bali Safari group leaders. You agree, at all times, to act decently and with respect to other participants and Found Bali Safari staff. You must not cause or create any nuisance to other participants, Found Bali Safari or the general public and must treat the environment with respect. We may cancel your participation in a tour at any time without any liability if you breach any of these terms and conditions or if there are reasonable grounds for us to do so. We reserve the right to cancel your participation in the tour if you take part in any illegal activities, or partake in deliberately negligent, violent, or dangerous activities during the tour.
DISORDERLY BEHAVIOUR / Found Bali Safari Tours are designed to include time out from shopping to enjoy Bali’s resorts and night life. In the interest of other Tour guests, we will not tolerate disorderly behaviour that is disruptive to other Tour guests’ enjoyment. We reserve the right to cancel your participation in the tour if we deem your behaviour to be detrimental to other tour guests, Found Bali Safari group leaders, agents, contractors, suppliers, villa staff or the general public.
GUEST RESPONSIBILITIES / You are held responsible for being in good health to undertake the tour and also for preparing for the tour by studying any pre-departure information supplied, and for bringing the appropriate clothing and personal documentation as advised therein. There are optional activities available during the tour, and if you choose to partake in any of these activities you must have your own funds readily available to do so.
MEDICAL ISSUES / There are elements of this trip, which require a certain degree of fitness, and for you to be in adequate health. If you suffer from any known medical conditions you must let us know before arrival in Bali. Please ensure that you carry with you, sufficient supplies of any medications you may require, even if you do not use them regularly. Also, if you wear glasses it is a good idea to have a second pair with you. Our package and tour prices do not include travel or medical insurance so please make sure you are adequately covered. You might also want to consider trip cancellation insurance. Please consult with your health care advisor about any medical issues concerning your trip, including vaccination advice and malaria precautions. Found Bali Safari is not liable for the sickness or injury of any tour participant. You warrant to us that you do not have any pre-existing medical condition or disability, which will impact on or prevent you from participating in or completing the tour. It is your responsibility to ensure that you are medically capable of completing the tour. You acknowledge that tours are carried out in areas with limited medical services. You hereby authorise Found Bali Safari to take such action as is necessary (but without any obligation on Sourced Bali to do so) for the provision of medical services at your cost including, but not limited to, the arrangement of any medical evacuation service by air or road, the attendance of any nurse, doctor, paramedic or ambulance officer and any necessary hospital service. You must pay on time the costs of those services to the provider of those services. You are not entitled to any refund for any part of a tour that you missed due to sickness, illness or injury or due to other circumstances outside the control of Found Bali Safari.
PUBLICITY / You give permission for Found Bali Safari to use images (including still and video) of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only, through whatever medium it chooses.
K L Way & N Winter
Found Bali Safari
PO Box 210
Liability Release and Waiver Form
Found Bali Safari (referred to as Operator below) offers shopping tours in Bali. A condition to participating in any of the Tours is that Operator be released from all liability. This Liability Waiver and Release (Release) is intended to be, and is, legally binding. You, the undersigned (and any minor who is participating) identified below (each a Guest), are waiving important rights, including the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any breach of contract, tort, personal injuries, any accident or incident of any type, or death, arising out of or related to participation in any activities with Operator, whether the participation is supervised or unsupervised, regardless of where such activity is conducted.
If any aspect of this Release is unclear to you, please consult with your solicitor prior to agreeing. If you disagree with any aspect of this Release do not participate in the Tour with Operator. By agreeing to this Release, you agree you fully understand and agree to this Release and that you and others on your behalf or by or through you, are bound by the terms of this Release. You hereby certify the following:
I understand Operator organizes shopping tours (each a Tour) and facilitates the engagement of the persons and entities who provide the services included in the Tour package, but that Operator does not provide many of the services or supply any equipment for the Tour. I further understand that Operator does not control any of the other persons or entities who provide the services for any part of the Tour, including the means of transportation, accommodation and villa staff, 3rd party guide services, the activities I will engage in, and the food and drink I will obtain on the Tour. Operator is in no way responsible for any of the activities in which I will participate on any part of the Tour. The person or entity in charge of each activity on the Tour has the discretion to change anything related to the activity to protect my safety or the safety of the group.
I understand that the Tour involves a large amount of walking and standing (either of which might be strenuous), being in crowds, and may include various modes of transportation and that all of the above involve certain inherent risks and dangers which no amount of preplanning may eliminate. During the Tour, I may encounter the following risks, as well as other not specified here: trip or fall; collisions or encounters with other persons or vehicles; being jostled; bounced or otherwise shaken; subject to very close contact with others; and being identified as a tourist. The land over which I will travel may be rough, narrow, uneven and unpredictable and, in some instances, I may be required to walk for a significant distance or stand for a significant period of time, often in humid and hot conditions. I further acknowledge that delay, inconvenience, forces of nature; climate; crime; civil or political unrest; acts of terrorism; and personal injury or illness are risks that exist in international travel. I acknowledge that no one from Operator or its contractors can control the weather, any of the services or products which I may obtain on the Tour or my personal safety, and that the duration and enjoyment of the Tour may be negatively impacted. All of these risks, and others not specifically listed above, may result in damage to property, injury or even death. I have asked any questions I have related to the Tour, all of which have been answered by the Operator or contractor providing the service. I agree I will follow all instructions given to me, use caution at all times, remain aware of possible dangers and will immediately advise the Operator or the contractor for that part of the Tour of anything I believe is unsafe. I assume full responsibility for my safety and assume all risks of participating in the Tour.
I am voluntarily participating in the Tour. I understand the physical requirements of participating in the Tour and warrant that I am physically and mentally able to participate in the Tour and that I currently have no known or suspected physical or mental condition which would impair my ability to participate in the Tour or which could be aggravated as a result of the Tour. I understand and acknowledge that emergency medical treatment, hospitalisation and/or evacuation may be desired, but may be limited in the geographic areas in which I will be traveling. I hereby authorise the Operator to arrange medical treatment or hospitalisation for me at my expense without my further consent and authorise Operator to disclose my health or medical information in furtherance of any such medical treatment or hospitalisation and receive updates on my condition and progress. I acknowledge that I may not receive the same standard of medical care as I would receive in Australia or any other country where normally I live.
I release the Operator from any obligation to provide emergency medical care and any injuries or damages resulting from emergency medical treatment.
Understanding and assuming the risks, I agree for myself, my spouse, parents, children, siblings, next-of-kin, heirs and representatives (a) to waive, release, hold harmless and forever discharge Operator and its owners, managers, officers, directors, employees, contractors, agents and insurers, and all others acting on their behalf (each a “Releasee” and together the “Releasees”) from any and all claims, demands for loss, damages, injuries or other causes of action whatsoever, including those caused by the negligent act or omission of any Releasee or in any way arising out of or connected with participation in the Tour or Tour activities; and (b) not to sue or otherwise make any claim on account of any illness, injury, damage or loss whatsoever that I experience. I intend this waiver, release and discharge to be effective even if the illness, injury, damage or loss results from the negligence of any person (except if it is gross negligence, or wilful and wanton or criminal conduct). On behalf of myself, and my spouse, my parents, children, siblings, next-of-kin, heirs and representatives, I hereby voluntarily give up any right that I or they may otherwise have to bring any legal action against Operator and its owners, managers, officers, directors, employees, contractors, agents and insurers for any breach of contract, tort, personal injury (including death) or property damage or loss even if it was the result of the negligence of any person and even if Operator was aware or was advised of the possibility of the loss or damage.
I agree if I or anyone on my behalf or my spouse, parents, children, siblings, next-of-kin, heirs or representatives files a lawsuit or otherwise makes a claim or demand against any Releasee, I will indemnify the Releasee and pay all damages, judgments or amounts, expenses (including attorneys’ and expert witness fees) incurred by Releasee related to such lawsuit or claim.
I agree I will defend, indemnify, and hold harmless Operator and its managers, owners, officers, directors, agents, employees, and independent contractors from and against any claim, demand, loss, injuries or other causes of action arising out of any damage I cause (whether alone or with others).
If any provision of this document is found to be invalid or unenforceable, I agree the provision shall be modified to make it valid and enforceable to the maximum extent permitted by law. If such modification is not possible, the provision shall be deleted but the remaining provisions of this document shall remain enforceable. This Agreement is governed by, and shall be construed and enforced in accordance with, the laws of Queensland, Australia, without regard to any state’s or country’s conflicts of laws principles. Any action brought arising out of or related to this Agreement must be brought only in the state or federal courts located in or having jurisdiction over Queensland, Australia. I hereby waive any objection to the above courts exercising personal jurisdiction over me and waive any right to a defence that Queensland is an inconvenient forum.
With respect to any minor child, I warrant that I am the parent or guardian of the minor child and that I have the authority to decide that my child will participate in the Tour and to bind my child to the terms of this Release. By agreeing to this Release, I consent to my child participating in the Tour and acknowledge that my confirmation of booking binds both myself and my child.
I HAVE CAREFULLY READ THIS LIABILITY WAIVER AND RELEASE, UNDERSTAND ITS CONTENTS, AGREE TO ITS TERMS, AND SIGN IT OF MY OWN FREE WILL WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
LAST UPDATED 21 NOVEMBER 2108 AT 3.23PM AEST