Terms and Conditions
Requirements to participate in a Two Feet & a Heartbeat tour or activity
1.1 All Participants are required to disclose upon booking any medical condition which may prevent the participant from undertaking the Two Feet & a Heartbeat tour or activity.
1.2 The Participant acknowledges and agrees that it participates in the Two Feet & a Heartbeat tour or activity at his or her own risk, however, Two Feet acknowledges its duty of care to all participants.
1.3 During the Two Feet & a Heartbeat tour or activity, all participants must obey the directions and instructions of the Two Feet & a Heartbeat guide. They must not disturb other participants or interfere with the guide’s ability to conduct the tour or activity in a safe manner. Any participant who compromises the safe operation of the tour may be asked to leave immediately.
Covid-19
2.1 The Customer will be required to be fully compliant with Western Australian Government vaccination requirements, where applicable.
Terms of payment
3.1 A non-refundable deposit of AUD $2500. per person is required upon registration.
3.2 Full payment is required by 30 September 2022.
Cancellation and refunds
4.1 If cancellations are made:
01/10/22 – 01/11/22 – 50% of your payment to date is refunded. 02/11/22 – 31/12/22 – 25% of your payment to date is refunded. There are no refunds after Jan 1, 2023
4.2 Depending on the reason for your cancellation, you may be able to claim a refund of the above fees from your insurance company if you have taken out an appropriate travel insurance policy. We strongly advise arranging a travel insurance policy to cover medical and other risks including loss of non-refundable deposits.
Force Majeure Event
5.1 “Force Majeure Event” means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics, public health emergencies, industrial disputes, slow-downs or other strike, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including (but not limited to) restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Company’s services beyond its control.
5.2 If any Force Majeure Event results in the Company being prevented from, or delayed in, performing any of its obligations to the Customer:
a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon the Company under these terms and conditions;
b) no loss or damage shall be claimed by the customer from the Company by reason thereof; and
c) the Company shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.
5.3 In the event of a Force Majeure Event, the Company, in its absolute discretion may:
(a) cancel or modify any routes within the product itinerary or objectives set out in the itinerary;
(b) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
(c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any aspect of the product if in the absolute discretion of the Company it is necessary to do so;
(d) offer a transfer of the product, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined
by the Company in the circumstances), which transfer option is subject to availability;
(e) offer a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by the Company in its absolute discretion), provided that:
- any additional costs payable on the new product will be payable by the Customer in full at the time of booking;
- additional costs may apply for the product in future seasons; and
- the credit, or any balance on a partially used credit, is not redeemable for cash.
Amendments to Product
6.1 The Company reserves the right to:
a) cancel or modify any routes within the product itinerary or objectives set out in the itinerary;
b) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the product if in the absolute discretion of the Company it is necessary to do so.
6.2 In the event of any change, modification, cancellation, postponement or delay the Customer acknowledges that the Customer will have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, cancellation, postponement or delay.
Amendments by the Customer
6.3 All booking amendment requests must be received in writing from the Customer via email no less than 90 days prior to the departure date.
6.4 The Company may consent to the amendment of a portion of, or all of the booking in its absolute discretion.
6.5 The Customer is responsible to ensure any components booked separately are appropriately amended by the Customer.
6.6 The Customer is responsible for any costs incurred in connection with the amendment request, including (but not limited to) new season or
other rate increases, third party provider fees, and any rebooking fees payable to the Company.
Weather
7.1 Tours run rain, hail or shine. Please dress appropriately for the weather conditions.
7.2 Should the Bureau of Meteorology declare a ‘Severe Weather Warning’ on the day of a tour or activity, the Company reserves the right cancel or amend the tour. This is at the absolute discretion of the Company. Should the tour or activity not proceed due to ‘Force Majeure’, a refund less any fixed costs will be refunded.
Miscellaneous Terms
8.1 All Participants acknowledge and agree that Two Feet & a Heartbeat is expressly authorised to take photographs of participants during the tours and activities and utilise such photographs for the purpose of advertising. Participants will be given every opportunity to not participate in photos should they choose not to.
8.2 Participant photographs remain copyright to Two Feet & a Heartbeat and may only be used or reproduced by participants for private or domestic purposes and must not be used for any commercial purpose without prior written permission by Two Feet & a Heartbeat.
8.3 Two Feet & a Heartbeat carry public liability that covers the general public for bodily injury and/or death and/or property damage. To the extent permitted by law, Two Feet & a Heartbeat excludes liability and will not be responsible for any loss, damage, or injury. In particular, Two Feet & a Heartbeat will not be responsible for loss or damage arising from a participant’s failure to obey instructions from a guide (or authorised company representative) or from any pre-existing medical or psychological condition.
8.4 Further, but only to the extent permitted by law, Two Feet & a Heartbeat will not be responsible for loss or damage arising from any negligent act or omission of Two Feet & a Heartbeat or any person for whom Two Feet & a Heartbeat is responsible. Certain laws imply non- excludable conditions and warranties. This provision does not exclude those conditions and warranties but limits Two Feet & a Heartbeat liability in relation to these to provision of services provided by Two Feet & a Heartbeat again, or refund of the cost of those services.
8.5 Two Feet & a Heartbeat is also not liable for any loss, damage or inconvenience arising from or incidental to any delay in the scheduled Two Feet & a Heartbeat or activity taking place.
Acceptance of Terms and Conditions
9.1 By confirming the booking, the client agrees to these terms and conditions.