PLEASE READ THESE TERMS AND CONDITIONS FOR OUR BUSINESS SERVICES CAREFULLY
By engaging our Services or using our website and online marketing pages, you signify your acceptance to be bound by these Terms.
For the purposes of these Terms, ‘Us’, ‘Our’ and ‘We’ and ‘Silver Compass Tours’ refers to Communications Pty Ltd t/a Silver Compass Tours ABN 25 151 619 733 and www.silvercompasstours.com.au. ‘You’, ‘Your’ and the ‘Client’ refers to you, the client, visitor, website user or person using our website or Services as relevant. If you do not agree to be bound by these Terms, we ask that you do not engage our Services or use our website.
“Experience” means any event, tour, excursion, concert, or other such experience that may be offered from time to time by Silver Compass Tours.
You must be 18 years of age or older to use our Services.
INTRODUCTION TO OUR SERVICES
Silver Compass Tours specialises in curating, designing and hosting gourmet and cultural lifestyle experiences. We are responsible for managing your guest experience. We offer a variety of services including but not limited to arranging and hosting guided tours, tour and event bookings, as well as arranging some accommodation and transport services (together the ‘Services’).
From time to time, we may use third-party facilitators to manage additional travel, transport and accommodation bookings for local, regional and international events. You should familiarise yourself with any third-party terms and conditions before making bookings.
Spaces on our Hosted Experiences are limited and subject to availability. Please note that while we endeavour to accommodate all requests to participate in our individual tours, places are reserved on a first-come first-served basis and are secured with a payment of a 25% non-refundable deposit. Please visit our Bookings Procedures page for more information.
If full payment is not paid by the due date, at least 4 weeks prior to the tour or otherwise stated, you will risk losing your reserved place and your deposit. Please see our Cancellations & Refunds policy for more details.
We keep a waitlist for interested guests to join a tour that has been oversubscribed. In the event of any cancellations, guests on the waitlist (in order of the request being received) will be notified of the opportunity to join the tour.
It is important to also note that there may be changes or alterations from time to time to tours or bookings that are out of our control due to third party supplier issues, or due to events beyond our control. However we will at all times endeavour to inform you in advance, as soon as we are made aware of any issues. If it is a material change, we will at all times try to ensure you have a suitable alternative available.
Special requests: While we do our best to try to meet all special and additional requests, we cannot guarantee nor do we warrant that any special requests relating to food, bookings, seating and any other requests you may make will be available. Please let us know in advance and we will try to accommodate you.
PAYMENT, DEPOSIT, FEES AND CHARGES
We require an upfront and non-refundable deposit of 25% to secure your reservation at time of booking. The remainder and final payment is due and payable six (6) weeks prior to any Experience unless otherwise stated. If this balance payment is not received within four (4) weeks prior to the Experience or the date advised by us, your booking may be cancelled and your deposit forfeited.
The full payment amount will be due and immediately payable for any bookings that are made with less than four (4) weeks prior to any Experience.
No booking or reservation for any Experience is finalised until full balance payment is received and confirmed. If a payment has not been made by the date advised by us, your booking may be cancelled and your deposit forfeited.
CANCELLATIONS AND REFUNDS
As we are subject to third-party supplier terms for all booking arrangements, the 25% booking deposit is non-refundable.
If you have paid for the Experience in full and need to cancel your participation due to circumstances beyond your control, we require at least six (6) weeks written notice to be able to refund your balance payment.
Any refund for medical or other reasons may be subject to the supplier’s terms and are otherwise at our sole discretion. We strongly recommend you take out travel insurance at the time of booking to cover any unforeseen events.
Refunds may, where indicated, include a deduction for fees and commissions and will include any GST. Any refund may be subject to exchange rate fluctuations and/or bank fees. We cannot accept responsibility for such additional fees or costs or any discrepancy in refunded amounts.
In some cases refund and cancellation policies may vary based on an individual tour operator, event or other third party individual refund and cancellation policy. We will notify you prior to any reservation or booking you may make in the event of any refund or cancellation policies that are different to our own.
All Experiences are generally non-transferrable, however in some cases it may be possible depending on any issues with third-party suppliers. Where possible, if required, we will endeavor to assist you on a case-by-case basis.
CHANGES AND ALTERATIONS
From time to time, Experiences may be altered or cancelled for reasons out of our control. We reserve the right to cancel, change or substitute any Experience at any time due to external or third party supplier issues that may arise. If you do not want to accept the alternative Experience for any reason, we will offer you a refund in accordance with Australian Consumer Law requirements.
HEALTH AND MEDICAL ISSUES
You are fully responsible for ensuring you have made all enquiries for all Experiences to ensure you are not at risk for any medical or health related issues. This includes but is not limited all food risks, fitness requirements and travel issues you may have or which may pose potential risk. You need to make your own enquiries and consult your medical professional prior to any travel or Experience.
VISAS AND TRAVEL DOCUMENTS
In some instances, visas may be required for travel. Please check to ensure you have the requisite visa, valid passport and entry requirements at the time of booking as we cannot be responsible for any issues related to your inability to travel or enter any country or zone as a result of your citizenship or other status.
Our third-party travel supplier is happy to assist and advise you with your visa requirements, but you are ultimately responsible for ensuring you obtain all necessary entry requirements and have a valid passport prior to travel.
We recommend that you have appropriate travel, including medical insurance, to cover the risks associated with any travel, cancellation, medical or health issues. Our third-party travel supplier is more than happy to help you arrange appropriate travel insurance at your request.
At Silver Compass Tours, we really value your feedback. Following the completion of each Hosted Experience, we send out an email survey to gather our guests’ responses to help fine tune and tailor our future Experiences. These surveys are anonymous and we appreciate the time you take in responding.
Feel free to drop us a line anytime and say firstname.lastname@example.org if you have any additional feedback for us.
We do our utmost to provide accurate information on our website, answer all your queries and ensure you enjoy our Hosted Experiences. Sometimes though there may be instances where you feel your flights or accommodation, or another aspect of your Experience, did not match your initial expectations.
Silver Compass Tours only facilitates the actual Hosted Experience and related Services. If you are unhappy with your flight or flight seating, or there are issues with your accommodation such as level of cleanliness, food quality or room quality, it is best to take this up direct with the third-party service provider (the airline or the hotel) at the time of your complaint.
If you have a problem with a third-party supplier while on the Experience, we ask that you alert your Tour Host regarding the issue immediately, so they can assist you with your dealings with the third-party service provider if needed.
Please note that it is your own responsibility to ensure that any products, Services or information available through our website or otherwise offered through Silver Compass Tours meet your specific, personal or commercial requirements. We do not warrant that any Experience will be suitable or fit for your purpose or will correspond with the advertising by the venue. You agree to make your own enquiries directly with the venue if required.
If you feel you have a more substantial complaint or issue that needs to be dealt with, please refer to the Complaints Handling Policy on our website, available in our Feedback section.
LIMITATION OF LIABILITY AND DISCLAIMERS
To enable us to offer you these Experiences, we contract and work with and through a network of third party businesses and individuals to assist in the running of the Experiences. For this reason, we are not responsible for any of their acts or omissions.
It is an essential pre-condition to you engaging our Services that you agree and accept that Silver Compass Tours is not legally responsible for any loss, injury or damage you may suffer related to your use of our Services, any goods or services we may offer or from any other use of the website or Services. Your use of, or reliance on, any information or materials on this website and our Services is entirely at your own risk, for which we shall not be liable.
To the fullest extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
(b) our Services being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your use of the Services, the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services that cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.
We cannot guarantee the availability of any Experience at any time. In the event of any changes to any times, dates or venues, we will use all reasonable endeavours to notify you and where applicable, work with you to arrange suitable alternative options.
All information we receive from our clients, is protected by our secure servers.
We do not and will not sell or deal in personal or client information. We may however use your information, in a general sense without any reference to your name, to create marketing statistics, identify user demands and to assist it in meeting client needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF YOUR INFORMATION
We may be required to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our client agreements; or to protect the rights, property or safety of our clients or third parties.
These Terms represent the whole agreement between you and Silver Compass Tours concerning your use and access to Silver Compass Tour’s website, our Services and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using our website and Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website and Services then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and Silver Compass Tour’s rights and obligations to each other.
Our agreement, these Terms and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Silver Compass Tours that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.