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terms & conditions

You must be at least 18 years old and have the authority to accept on your behalf our terms and conditions.

If you are making a booking on behalf of other persons, you must be authorized to make the booking on behalf of all of the members of the party. The person making the booking must also provide a copy of these terms and conditions to the other members of the party. Please read the terms and conditions carefully. They apply to all members of your party.

Our confirmation/invoice is acceptance of your booking and confirmation of the travel contract between you and Epic Day Tours. Please let us know if any details in the confirmation document are incorrect within 48 hours of your booking and payment, otherwise the details shown in the confirmation document will be presumed to be correct.

 

1. (a) These terms and conditions (“Conditions”) form the basis of the contract between You and Epic Day Tours company (“We”,“Us” or “Our”)(“Contract”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. By agreeing to participate in a tour arranged by Us, You are deemed to have accepted these terms and conditions in full.

(b) Completion of the booking form, together with the passenger’s signature, verifies acceptance of these terms and conditions.

Fares and Booking Confirmation

2. (a) Epic Day Tours require full payment upon confirmation of your booking unless otherwise stated. Any amendments to your booking after confirmation can only be accepted subject to availability and at the express discretion of Epic Day Tours.

(b) Epic Day Tours require the necessary deposit to be paid in order to secure your seat.

(c) All prices are quoted in Australian Dollars, include GST and compulsory taxes where applicable. Please check the exact price of your tour at the time of booking.

*Shuttles are based on the most direct route and are subject to change in route and pick up times. Airline schedules are subject to change which may affect our pick up times and joining/departing arrangements and consequently that day’s itinerary. Any additional costs incurred, including wait times and transfers are at passenger’s expense.

3. (a) If You pay Us by credit card, a 0.5% surcharge will be added. Amex and Dinners a 2% fee shall apply. There is no surcharge for payments made by direct transfer to our nominated bank account.

(b) ALL FARES ARE NON-REFUNDABLE/NON-TRANSFERABLE unless with or at Epic Day Tours EXPRESS DISCRETION and where applicable must be paid in accordance with our terms and conditions. Shuttle fares may be transferred/rescheduled if cancelling 24 hours prior, again, only at the express discretion of Epic Day Tours. 10% processing fees may apply.

(c) If booking is made as a couple or group and one or more passengers cancel, then the party who booked will be held responsible for costs.

4. In addition to the above, Epic Day Tours charge the following cancellation fees for organized tours:

(a) Cancellation 28-15 days before departure – 50% of fare.

(b) Cancellation 14 days or less before departure – 100% of fare.

 

 

Limitation of Liability

6. Our products include the services of other operators who are not agents, servants or employees of Epic Day Tours. Although we take care in selecting the operators of services and optional tour excursions, we cannot and do not take responsibility for the conduct of the operators, their servants and agents, or for any ramifications of that conduct. Some third-party suppliers may require passenger contact details in order to fulfill dietary/medical requirements. Epic Day Tours is obligated to offer this information unless advised by the ‘passenger/s’ not to do so.

7. Epic Day Tours and their representatives are not common carriers and may refuse to carry any person or their luggage or goods without giving a reason and has a Passenger Code of Conduct and, as such, Epic Day Tours representatives/crew or any carrier reserves the right at its discretion to exclude from a tour, or to terminate the travel arrangements of, any person during the course of the tour without refund, or anyone who:

• is incapable of caring for themselves without a minder/carer;

• is unable to cope with the requirements of the tour or who may need or require services or facilities that are not available;

• fails to comply with the reasonable instructions of Epic Day Tours crew;

• engages in illegal or undesirable behaviour or interferes with the enjoyment of or jeopardises the safety of other passengers;

• is a hazard to themselves or other passengers; and/or

• is likely to become objectionable to other passengers, Epic Day Tours staff and/or third-party suppliers.

Anyone so excluded will be required to disembark at a safe public location, transport from which will be wholly their responsibility. You agree that Epic Day Tours is released from all liability for, and You agree not to hold Epic Day Tours responsible for, termination of your travel arrangements in accordance with the previous condition, or any decision made by Epic Day Tours or by any service provider who refuses to provide You with services that are not available or who refuses to carry You by reason of any disability or medical condition.

A fixed cleaning fee of $250 + GST is to apply, should the vehicle require specialised cleaning, following the actions of a passenger.

8. To the extent permitted by the law in Western Australia or the Commonwealth of Australia, Epic Day Tours accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown), booking errors, industrial disputes, road block restrictions or bad weather, beyond its reasonable control. This includes participation in environmental activities and/or events.

* Shuttles are based on the most direct route and are subject to change in route and pick up times. Airline schedules are subject to change which may affect our pick up times and joining/departing arrangements and consequently that day’s itinerary. Any additional costs incurred, including wait times and transfers are at passenger’s expense.

9. Any term, condition or warranty express or implied by Statute or otherwise, for the products and/or services is excluded to the full extent omitted by law. However, nothing in this booking contract excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Commonwealth) as amended, consolidated, supplemented or replaced.

10. To the full extent permitted by law, Epic Day Tours liability arising under or in connection with this booking contract:

(a) Is limited to the re-supply of the products and/or services or the payment of the cost of the re-supply of the products and/or services to You; and

(b) Excludes liability for any indirect or any consequential losses suffered by You or any third party, however caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to You or any other party.

Termination of Booking Contract or Change of Travel Arrangements Due to Force Majeure

11. If Epic Day Tours, in its reasonable opinion, considers that any Force Majeure event prevents us (whether directly or through its employees, contractors, sub-contractors and agents) from lawfully and/or safely providing any products and/or services, the subject of the booking contract to You, We may immediately:

(a) Terminate the booking contract (in whole or in part); and/or

(b) Change your travel arrangements as reasonably practicable to ensure your safety and invoice You for any additional costs of performing this service as mentioned above. You, the client, is responsible for any charges levied in respect of extra time in the event that your booking does not run to schedule. This includes any extra charges levied where you choose to extend the duration of your booking or the booking is extended beyond your control by others or traffic or acts of nature.

Limitation of Liability in the Event of Force Majeure

12. In the event that we cancel or change your travel arrangements in any way due to a Force Majeure event, we will not be liable to you in contract, tort, statute or restitution of any loss (including but not limited to loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly):

(a) The cancellation or change of travel arrangements; and/or

(b) The delay or failure to fulfil a commitment or complete a booking or any effect to a booking or tour service.

(b) The Force Majeure event.

For the avoidance of doubt, we are not liable to refund any part of the deposit and/or purchase price paid by you if we subsequently change or cancel your travel arrangements in connection with a Force Majeure event. World weather patterns, unprecedented events, civil unrest and terrorism are becoming more erratic and unpredictable and these are risks beyond our control.

Itineraries/ Transport

13. Epic Day Tours arranges tours on the condition that it is not liable for any damage, injury or loss which may occur due to accident, delay, irregularity or defect of any vehicle or vessel.

• Where a coach belonging to Epic Day Tours is specified as the vehicle for your chosen tour, please be advised that if the vehicle was not available due to unforeseen circumstances, Epic Day Tours has the right to replace the vehicle with their chosen supplier without notice. Epic Day Tours is not liable in the event of mechanical break down while on charter or hire. In the event that the vehicle is involved in an accident or experiences mechanical failure, or is no longer safe as by the assessment of Epic Day Tours representative, the company will endeavour to make alternative arrangements to get the vehicles passengers to their destination, alternatively the passengers may make alternative arrangements at their own cost, for which no claim can be made against Epic Day Tours.

14. The tour itinerary is a guide only, and although We will make every reasonable effort to adhere to the program, We reserve the right to make any alterations as necessary. Alterations may come about due to tidal or weather conditions, strikes, public holidays, local festivals, renovations and/or upgrades or other reasons. Any additional expense incurred by the passenger is not our responsibility. We can give no guarantee of the exact arrival and departure times for carriers and operators used by Us on the tour, and will not be liable for failure to make connections with other services or attractions beyond its control.

15. The operation of each tour is subject to a minimum number of guests wishing to travel on that tour. Luggage restrictions may vary depending on tour type and destination. As a general guideline, luggage should not exceed 1 small bag per person unless alternative arrangements have been made with us.

 

16. Consumption of alcohol, food and beverages is prohibited inside our buses this is law in Western Australia.

17. Epic Day Tours hostess is on tour for companionship, guidance and assistance to coach captains. All Our tours are escorted subject to a minimum loading of 12 passengers. If the tour runs with fewer than 12 passengers, the coach captain may take on both roles of tour host and driver.

18. The information presented in our website and brochures is to the best of Our knowledge correct. However, changes beyond Our control may occur with respect to prices, itineraries, duration, standard of services and tour content. Surcharges may apply. Every effort is made to ensure brochure accuracy at the time of going to print, and Epic Day Tours cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.

 

Special Meals

20. Please advise Epic Day Tours of any special dietary requirements at least 14 days before tours. Note that this will be on a request basis only, as Epic Day Tours cannot guarantee the availability of special meal types.

 

Health and Fitness/Activity Level

21. Passengers of Epic Day Tours must be able to meet the following activity level requirements:

• Participate in guided or unguided small walking tours at a relaxed pace

• Walk on mostly level ground

• Tackle an occasional flight of stairs or incline

• Stand for 15 minutes, without needing to sit down

• Get on and off transportation unaided

• Manage Your own luggage

22. We do not, nor are We required to, provide carers or assistants for those with reduced mobility or other health needs. It is Your responsibility to arrange for such a carer if so required. Any such carer will pay the full price of any tour.

23. In particular, hostesses, tour guides, coach captains, and Your fellow passengers will not act as assistants or carers in these circumstances.

Seat Allocation on Tours

24. To ensure the enjoyment of all passengers, and to enable You to get to know your fellow travellers, We may operate a seat rotation system in which all passengers may be required to participate.

Service Inquiry

25. If a problem occurs during before or during Your tour, please advise Your hostess or coach captain as soon as possible, so that steps can be taken to resolve the matter. If for any reason You remain dissatisfied, any complaint must be made in writing to Us within thirty (30) days of the last day of the tour.

26. Epic Day Tours are not liable directly or indirectly caused by negligence or omission or other cause associated in the provision or non-provision of any service or transport and no Agent or Contractor or Operator is liable for incorrect or inaccurate information regarding services or transport or any rates or prices. In the unlikely event a Chauffeur or Driver is late due to unforeseen circumstances for whatever reason, Epic Day Tours will accept no liability for related costs.

27. As well as the matters previously referred to in these Terms and Conditions, Epic Day Tours is not liable for lost or damaged baggage and personal property.

Privacy Policy

28. It is important to keep up to date personal contact information whilst on tour. This information will be accessed by Epic Day Tours staff in the event of an emergency.

29. At Epic Day Tours, We recognise the importance of Your privacy and will only use Your personal information in accordance with Our Privacy Policy and in accordance with the Privacy Act 1988. Full details of how We use and disclose Your personal information for the purposes for which it was collected can be obtained by visiting our website at www.epicdaytours.com.au, or by emailing us at mandurahtours@gmail.com

 

Promotional Material

30. You agree that Epic Day Tours/Mine On Time (WA) Pty Ltd representatives or third-party suppliers may take photographs and films of You, and/or you may consent to supply/transfer your own images from your tour to ownership of Epic Day Tours. We reserve the right to use any of these images and/or recordings of you and your activities that may identify you, and that these images and/or recordings may be used in Our promotional material and/or online without obtaining any further consent or payment in respect of such photographs and/or films for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour. You consent to us using comments listed in surveys for Epic Day Tour promotional purposes.

Modifications

Epic Day Tours may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.