All Tours General Terms & Conditions

Updated January 18th, 2025

Adam Monk Photo Tours – BOOKING TERMS & CONDITIONS

These Booking Conditions set out the terms on which you contract with us for the arrangement and coordination of delivery of travel arrangements for your trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.

“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” , “Adam Monk Photo Tours” and “WildLight Photo Tours” means Adam Monk Photo Tours Pty Ltd as trustee for Adam Monk Family Trust.

1.0 BOOKINGS

A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.

2.0 SERVICES

We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. You also receive the benefit of work we undertake in anticipation of future bookings. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.

3.0 PRICES & EXCLUSIONS

Prices stated are in the currency specified on the tour specific page and associated tour booking form and are current at the time of publication. The most up to date pricing is available on our website. The price includes accommodation, transportation and other inclusions as per the published itinerary.

The Tour price is based upon double/twin share accommodation unless stated otherwise on the tour specific web page and booking form. If you wish to share accommodation you must nominate another participant (partner or friend) to share with. We will not pair you with another participant who is unknown to you. The possibility of snoring induced insomnia ruining your experience is too high.

The Single Supplement option (as specified on the tour specific web page) entitles you to private hotel rooms (or equivalent) for the tour and usually a private bathroom unless otherwise specified. If you are travelling alone, and thus unable to nominate another participant to share hotel rooms with, then the Single Supplement component is payable.

International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.

3.1 PRICE VARIATIONS

We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel or air fare surcharges or new or amended Government charges.

We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.

If we impose a surcharge of more than 10% of the cost of your travel arrangements, you may cancel your travel arrangements and receive a full refund of payments made for those arrangements. You must exercise this right within 14 days after receipt of a surcharge invoice.

3.2 DEPOSIT

A deposit per person in the amount specified on the tour specific page and associated booking tour form, is required within 7 days (unless otherwise stated) of us accepting your booking. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.

3.3 FINAL PAYMENT

Payment in full must be received into our bank account by the dates reflected on your booking confirmation invoice or otherwise set out on the tour specific web page and/or the associated booking form. Note: some trips may require payment earlier or in additional instalments and this will be set out on the tour specific web page and/or the associated booking form. We are not responsible for any bank fees charged by your bank or any intermediary banks in the course of making the transfer – you must ensure full payment lands in our account.

We will remind you to make payment. If you fail to make the payment by the due date (after we have reminded you to make payment), then you will be deemed to have cancelled your booking and standard cancellation fees will apply.

4.0 CANCELLATIONS BY YOU

Our general cancellation and refund policy is set out below. Please note that there may be specific cancellation and refund policies for your specific tour. If so, these policies will be set out on the tour specific web page and/or the associated booking form. In the event of conflict between the below cancellation provisions and any tour specific provisions, then the tour specific provisions shall take precedence to the extent of the inconsistency.

You may cancel your booking by giving written notice to us. We will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice:

Over 90 days before commencement: Deposit and any instalment payments only
90 days to 60 days before commencement: 50% of the booking value
59 days to 14 days before commencement: 75% of the booking value
Within 14 days or no show 100% of the booking value

The cancellation charges specified above represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.

However, you may elect for us to dynamically calculate cancellation fees specific to your booking. To do so, you must first pay us a fee which is the greater of $250 and 5% of the booking value to compensate us for the work we need to do to dynamically calculate cancellation fees and associated processing.

If you make this choice and pay this fee, then cancellation fees and charges will be levied as follows:

any amounts we have paid or have contractually committed to pay to third parties to deliver your travel arrangements which we cannot reasonably recover (for example payments made or due to airlines or ground operators);

where we or our related companies directly control any of the services included in your travel arrangements (for example, accommodation, vessels, transportation, guides), a reasonable amount attributable to such services which we reasonably determine we cannot resell; and

a fee which is the greater of the deposit and 25% of the booking value to compensate us for work performed and associated overheads up until the time of cancellation (including work performed in connection with your travel arrangements prior to your booking) and our loss of expected profit.

Cancellation fees and charges will not exceed payments received by us at the time of cancellation. If after the application of these fees and charges there is a surplus of payments you have made to us, we will refund this to you within a reasonable time.

Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once we have actually recovered the amounts from the third parties. As we will be subject to third party terms and conditions, we make no guarantee that we will be able to make recoveries.

For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.

4.1 Substitutions

If you cancel your booking, and at the time of cancellation you procure an alternate person willing to take on the booking subject to these Booking Conditions, then subject to receipt of payment from that person, we will refund payments received from you less: (a) the cost of any non-transferable, non-refundable components (such as airfares); and (b) an administrative fee of AUD$250.

4.2 ILLNESS OR VACCINATION STATUS PREVENTING TRAVEL

If due to any illness, suspected illness or failure to satisfy any required tests or vaccination requirements:

an airline or other common carrier refuses you carriage;
a hotel or vessel refuses to accommodate you; or
we or our suppliers (acting reasonably) exclude you from the trip

and you are consequently prevented from commencing or continuing your trip, then:

if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
if you have not commenced your trip then we regret we will not be in a position to provide such assistance.

We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.

We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.

It is a condition of your booking that you purchase travel insurance that adequately responds to cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.

5.0 CANCELLATIONS OR RESCHEDULING BY US

In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including but not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).

5.1 Force Majeure – Prior to travel

If:

in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure event; or

you give us notice no more than 30 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due a Force Majeure event (for example due to border closures)

then we may:

reschedule your travel arrangements, but only if you are agreeable to the rescheduled arrangements; or

cancel your travel arrangements, in which case our contract with you will terminate.

If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either:

issue you with a credit equal to payments received by us for the cancelled travel arrangements, redeemable within 24 months of issue against any travel services offered by us; or
refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.

Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and in such circumstances we will pay you a limited cash refund as outlined.

Where a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.

5.2 Force Majeure – During travel

If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recovered third party costs for cancelled travel arrangements only. We will use reasonable endeavours to recover these costs but make no guarantee that we will be able to.

5.3 Force Majeure – General

We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.

If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.

You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. It is a condition of your booking that you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events as soon as you have paid a deposit.

5.4 Other cancellations

If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of travel arrangements of substantially equal quality if appropriate.

6.0 MINIMUM NUMBERS

Some trips are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled or re-costed. If the trip is re-costed, you will have the option to either accept the new cost or to cancel your booking. You must make this election within 14 days of receiving notice from us.

If the trip is cancelled or if you cancel your booking in these circumstances, we will at your election refund all payments made or credit payments towards alternative arrangements. To the fullest extent permitted by law, that is the extent of our liability to you in these circumstances.

7.0 AMENDMENTS BY US

7.1 Prior to travel & not related to Force Majeure

Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time and you may elect to:

proceed with the trip – if in our reasonable opinion the changes result in a reduction in the value of services, then we will refund you an amount attributable to the reduction determined by us acting reasonably; or

cancel your trip, in which case we will refund you all payments received by us at that time.

If you do not make an election in writing within 7 days of us notifying you of the significant change, then you will be deemed to have elected to proceed with the trip.

7.2 During travel

You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.

8.0 Tour Leader

While we will endeavour to ensure the advertised tour leader leads the tour, this may not always be possible for reasons not limited to illness or other personal reasons. In this regard, we reserve the right to replace any advertised tour leader with a person of similar skill set, similar knowledge of the destination(s) included in your trip, and who has a similar photography style and experience.

9.0 General

To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.

If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.

10.0 UNUSED & DENIED SERVICES

10.1 General

No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for.

If you are not fully vaccinated against Covid-19 and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment) if you are denied services in these circumstances.

10.2 Airport Transfers & Included Flights

If your trip includes an airport pickup and transfer at the beginning of the trip (ie: our Karijini Photo Tour), this will be subject to just one transfer time specified and agreed upon for the whole group prior to the tour commencement. If due to a missed, cancelled or delayed flight you do not meet the transfer time, we will not be obliged to transfer you and you will then be responsible for making your own way to meet the group. We will provide you with reasonable assistance, but we cannot be held responsible for this and no part refund will be given.
If your trip includes a flight to the starting point of the tour (ie: our Photo tour to Bhutan), it is solely your responsibility to ensure you arrive at the departure airport in sufficient time and sufficiently prepared to catch that flight. If you miss that flight for any reason, then it is your responsibility to book and if necessary pay for additional transport so that you may rejoin the group. We will provide reasonable assistance in this regard, but only to the extent the tour itinerary for the rest of the group is not significantly affected. We cannot be held responsible and no part refund will be given for any missed or unused services in these circumstances.

11.0 CLIENT NAMES – EXACTLY AS PER PASSPORT

For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.

12.0 TRAVEL INSURANCE

It is a condition of your booking that you are adequately and comprehensively insured for the duration of your trip for events including cancellation, medical requirements, emergency evacuation, emergency repatriation (except when travelling within your own country), luggage and additional expenses. You must provide us with evidence of this insurance within 7 days of us requesting it.

We also recommend that you have comprehensive camera and portable computer insurance.

The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.

13.0 ACCOMMODATION

Due to the dynamic nature of the travel industry, we may need to substitute hotels, vessels and other forms of accommodation with properties or vessels of a substantially comparable or higher standard. We will endeavour to minimise substitutions.

14.0 PASSPORTS, VISAS

It is a requirement that you hold a valid passport and any required visas for your trip. Other than for tours to Bhutan (where we will arrange your visa – subject to timely provision of required information from yourself) It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited.

15.0 VACCINATIONS

We strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration. This is so health risks for yourself and others you come into contact with can be mitigated. If you choose to travel without being fully vaccinated, then you do so accepting the implicit risks to your health and you agree to provide us with waivers and releases as we may require.

It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.

16.0 HEALTH & FITNESS

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. Our tours are designed for adults in reasonable health, of moderate fitness and good balance. The tour may involve (while carrying your own camera equipment and water) walking or hiking on natural trails, uneven surfaces and up and down inclines that can at times be steep and uneven. If you have doubts about your ability to undertake the trip, please contact us to discuss your circumstances prior to making a booking request.

16.1 Existing Medical Conditions

If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us prior to or at the time you make your booking request.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your booking request, we will provide you with a full refund of payments made less an administrative fee of AU$250.

If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).

16.2 New Medical Conditions

You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance which we cannot reasonably provide or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).

16.3 Non-Disclosed Medical Conditions

If any non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide, then we may exclude you from the trip and this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).

16.4 Tour Leader Authority During Travel

The tour leader may exclude you from participating in certain activities or destinations if, in their reasonable opinion (a): the activity or destination is beyond your physical abilities and/or (b) there is a potential threat to your health, safety or well-being. No partial refunds for missed activities or destinations will be given in these circumstances.

17.0 DIETARY REQUIREMENTS

Special dietary requests are required to be notified to us at the time of booking. We will communicate your requirements to relevant suppliers. However, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens other than in circumstances where we have been negligent.

18.0 BEHAVIOUR

If you act in a manner that threatens the safety of others on the tour or significantly disrupts their enjoyment, the tour leader may, acting reasonably, require that you leave the tour or any component of it. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur. No partial refunds for missed activities or destinations will be given in these circumstances.

19.0 INDEPENDENT SERVICES

We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation given by us, a guide or local representative is made in good-faith, based on known information, and does not make us responsible for the acts or omissions of the principal operator of the excursion or activity.

20.0 ACCEPTANCE OF RISK

20.1 General

You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or from visiting destinations which present geographical, political or cultural risks and dangers.

Many locations on this tour form part of the natural environment (including rough and unformed paths, uneven ground and steep descents/ascents over natural trails), wildlife and stinging insects may be present, weather conditions are unpredictable and temperatures may be extreme. We will exercise all reasonable care and diligence. Subject to this obligation, you are responsible for your own safety.

You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel.

20.2 Covid-19

You acknowledge that you are travelling at a time when Covid-19 is endemic and that Covid-19 presents risks to your health and may cause death. By making a booking request, you accept all risks associated with Covid-19 infection during travel and you release Adam Monk Photo Tours (and its directors, officers, employees and suppliers) from any liability in connection with Covid-19 infection.

21.0 RESPONSIBILITY

21.1 Services supplied by independent suppliers

Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), attraction and venue operators and common carriers.

To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. Any claims you have in this regard must be made directly against the Independent Supplier. We will provide you with reasonable assistance to make this claim.

21.2 Services we directly supply

To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.

We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we have direct control over them) if they were carrying out the work we had asked them to do.

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.

22.0 General liability limitation

We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays outside of our control.

You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.

Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees. Other than the Consumer Guarantees, we disclaim all guarantees and warranties.

To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.

23.0 COMPLAINTS

In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.

If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant).

If you fail to follow this procedure, this may limit your rights to make a claim against us.

24.0 DEEMED ACCEPTANCE

If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.

25.0 IMAGE RELEASE

When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings 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.

26.0 GENERAL

The contract between Adam Monk Photo Tours Pty Ltd as trustee for Adam Monk Family Trust trading as Adam Monk Photo Tours and WildLight Photo Tours and you is governed by the laws of the State of Western Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Western Australia.

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published HERE>>

Updated: 01/01/2024.

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