The terms that govern your use of our website and services
Last updated: October 31, 2023
Please read these Terms of Service ("Terms") carefully before using the website at https://scompunico.com (the "Site") or any services offered by Down Under Journeys Pty Ltd ("Company," "we," "us," or "our").
By accessing or using the Site or our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site or use our services.
These Terms constitute a legally binding agreement between you and Down Under Journeys Pty Ltd. By accessing or using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated herein by reference.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site or services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and our services.
To use our services, you must be at least 18 years of age and capable of forming a binding contract with us. By using our services, you represent and warrant that you meet these requirements.
To access certain features of the Site or use certain services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
All bookings are subject to availability. A booking is not confirmed until you receive a written confirmation from us and we have received your deposit or full payment as required.
All prices are quoted in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable. Prices are subject to change without notice until booking confirmation is issued. Once a booking is confirmed, the price will not change except in the case of government tax changes or currency fluctuations that affect our costs.
A non-refundable deposit of 25% of the total tour cost is required at the time of booking to secure your place. The balance payment is due 60 days prior to the tour start date. For bookings made within 60 days of the departure date, full payment is required at the time of booking.
We accept payment by credit card (Visa, MasterCard, American Express), direct bank transfer, and PayPal. For credit card payments, a surcharge of 1.5% applies for Visa and MasterCard, and 3% for American Express.
If you have any special requirements (e.g., dietary restrictions, mobility issues), you must inform us at the time of booking. We will make reasonable efforts to accommodate your needs, but we cannot guarantee that all special requirements can be met.
Cancellations must be made in writing and sent to [email protected]. The following cancellation fees apply:
We reserve the right to cancel a tour for any reason, including but not limited to insufficient participants, force majeure events, or safety concerns. If we cancel a tour, you will receive a full refund of all payments made to us, or you may choose to transfer your booking to another available tour. We are not responsible for any other expenses you may have incurred in relation to the cancelled tour, such as airfares, accommodation, or travel insurance.
If you wish to change your booking (e.g., change tour dates or tour type), we will make reasonable efforts to accommodate your request, subject to availability. A change fee of AUD 100 per person may apply, in addition to any price difference between the original and new booking.
We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay is caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, terrorism, civil unrest, or pandemic.
Travel insurance is highly recommended for all travelers. Your insurance should cover personal injury, medical expenses, loss of luggage, cancellation, and other travel contingencies. We strongly advise purchasing insurance at the time of booking to protect against unforeseen circumstances.
It is your responsibility to ensure that you have a valid passport, visas, and meet all health requirements for your travel destinations. Your passport should be valid for at least six months beyond your expected return date. We recommend checking the latest requirements with the relevant embassies or consulates and with your doctor for health advice.
We reserve the right to modify or alter tour itineraries if necessary due to circumstances beyond our control, including but not limited to weather conditions, road closures, or unexpected closures of attractions. In such cases, we will make reasonable efforts to provide services of comparable quality or provide a suitable alternative.
You agree to follow all instructions provided by tour guides and staff for your safety and the safety of others. We reserve the right to remove you from a tour, at your expense, if your behavior is deemed inappropriate, harmful, or disruptive to others. No refund will be provided in such cases.
We act as a tour operator and arrange various services provided by independent suppliers. While we select these suppliers with care, we cannot control them and are not responsible for their acts or omissions. We will make reasonable efforts to assist you if you encounter problems with these suppliers, but we are not liable for any loss, damage, delay, inconvenience, or direct or consequential loss arising from the use of these services.
To the maximum extent permitted by law, we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity) whether arising in contract, tort (including negligence) or otherwise, either directly or indirectly, in connection with your use of the Site or our services.
Where liability cannot be excluded, our liability to you for any loss or damage suffered is limited to the re-supply of the services or the payment of the cost of having the services supplied again.
The Site and its original content, features, and functionality are owned by Down Under Journeys Pty Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
By posting, uploading, or otherwise making available any content on our Site or social media channels, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.
You represent and warrant that you own or have the necessary rights to any content you submit and that the content does not infringe upon the rights of any third party.
Our Site may contain links to third-party websites or services that are not owned or controlled by Down Under Journeys Pty Ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You agree to defend, indemnify, and hold harmless Down Under Journeys Pty Ltd, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site or our services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Any disputes arising out of or relating to these Terms or your use of the Site or our services shall be resolved through binding arbitration in Sydney, New South Wales, in accordance with the rules of the Australian Centre for International Commercial Arbitration.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and services, and supersede and replace any prior agreements we might have had between us regarding the Site and services.
If you have any questions about these Terms, please contact us at:
Down Under Journeys Pty Ltd
123 Harbour Street
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: +61 2 6912 3456