Terms & Conditions
Under Down Under Tours (UDU Pty Ltd)
Terms & Conditions of Travel
Please take a moment to carefully read the following terms and conditions before booking a tour with Under Down Under Tours (“UDU Pty Ltd”). In these Terms and Conditions of Travel “we”, “us” and “our” mean and refer to UDU Pty Ltd. It’s important that you understand the terms and conditions as detailed below before you book. By booking a tour with us you acknowledge and agree to these Terms and Conditions. We also strongly encourage you to read the itinerary for your planned tour to ensure that you understand the contents of the tour and physical requirements of the tour.
These terms and conditions apply to bookings you make directly with us or through our agents online, in-store, over phone or by email. Where any person makes bookings on the behalf of other traveller(s) that person is taken to be an agent for the other traveller(s) and on his or her authority that person will bind all such other traveller(s) to these terms and conditions.
Australian Consumer Law applies to these Terms & Conditions, and nothing contained in these Terms and Conditions seeks to or has the effect of abrogating your rights under Australian Consumer Law.
Travel insurance is NOT INCLUDED in the cost of your tour. It is strongly recommended that you have personal travel insurance sufficient to cover loss or damage to property, illness, injury, or not being able to travel on the confirmed date of departure. We are not responsible for any loss or damage to personal belongings or luggage, for any injury or loss of any type while on tour.
We are not responsible for any damage, expense or inconvenience caused by late arrival of flights or public transport, change of schedule, strikes, vehicle breakdown, acts of God, or other conditions. We reserve the right to alter the itinerary should it be deemed necessary. We act solely as an agent in securing accommodation and, where applicable, public transport or other services, and are not liable for any loss or inconvenience in the event of any failure by any person or company to render transportation, accommodation or other services.
We reserve the right in our absolute discretion at all times to amend itineraries, inclusions and prices and where necessary cancel departures due to operational reasons, minimum number restrictions or weather conditions. Please note that minimum numbers restrictions apply for all tour departures. If an amendment as aforementioned is to take place, we will try to provide you with reasonable notice.
Cancellations by Us
If we cancel your tour, you can transfer the fare paid towards a tour on an alternate date or alternatively receive a full refund. Refunds will be provided where required by Australian Consumer Law. In circumstances where a cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
Cancellations by You
We strongly advise you to take out travel insurance which includes cover for cancellation costs.
If you cancel your booking before departure for single day and multi-day tours we may at our absolute discretion charge the following fees;
- 30 days or more: 25% of fare;
- 8 to 29 days: 50% of fare; or
- 0 to 7 days or no show: 100% of fare.
If you cancel your booking before departure for the Mt Wellington Descent tour, we may at our absolute discretion charge the following fees;
- within 7 Days: 25% of fare;
- within 48 -24 hours: 50% of fare; or
- within 24 hours or no show: 100% of fare.
If you require a change to your booking, fees of up to $100 per amendment may be charged.
If you are not present at your tour’s department time, you join the tour after departure, or leave the tour prior to its completion for any reason, no refund will be made.
Health and Safety
You acknowledge that the nature of the tour is adventure travel and participation involves a degree of personal risk. You agree to advise us prior to commencement of any tour of any pre-existing medical conditions you have which may affect your ability to participate in any part of the tour or other information we need to know to include you safely in the tour or activity. We reserve the right to withdraw any person who in our opinion is likely to endanger themselves or others. We also reserve the right to cancel the day’s touring if we become concerned for any reason for your safety or that of any other person. To the extent permitted by law, all our liability for disruption to travel plans or mental injury is excluded.
Age and Physical Requirements
A traveller must be a minimum age of 8 years at the time of the tour to participate, with the exception of the Mt Wellington Descent where the minimum age requirement is 12 years old. We have no upper age limit though we remind you our tours can be physically demanding and we expect you to have a reasonable level of fitness and act responsibly to ensure your own safety and the safety of others at all times. Our tours have a component of free walking, all of which is done at your own risk. All travellers under the age of 18 years at time of the tour must be accompanied by a legal guardian, or in lieu of a legal guardian, by a responsible escort over the age of 18 years, appointed by their legal guardian. The legal guardian or escort of any traveller under the age of 18 years will be responsible for the day-to-day care of travellers in their charge. A legal guardian may apply for an exemption to the age requirements. This application must be made in writing to us and we reserve the right to make any determination in our absolute discretion.
Optional activities, as described in the itinerary, are at your own expense, are not included in the price of the tour and do not form part of these terms and conditions. You accept that any assistance given by your guide or any other member of our staff in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.
The Mount Wellington Descent
The Mt Wellington Descent is designed for people of average fitness level. Participants (“riders”) should have good balance and be able to operate a bicycle safely including on public roads and maintain control to match their individual riding ability. Riders must meet our minimum safety requirements of a minimum height of 150cm and max weight of 120kg. Riders under 18 years, at the time of the tour, must be accompanied by a legal guardian or escort, and must be a minimum of 12 years of age. Riders are required to sign an activity indemnity waiver prior to participation (Children under 18 years must have form signed by their legal guardian). Enclosed footwear must be worn, and warm and suitable clothing is recommended as mountain temperatures can be very cold at times. Mt Wellington Summit can be affected at times by changing weather conditions. Subject to those conditions we cannot always guarantee views due to poor visibility. The tour is a 2.5 hour experience with a scheduled start and finish in Hobart and a cycle descent from the summit of Mt Wellington to the Hobart waterfront. On any given tour every effort will be made to maintain the itinerary however should circumstances require (such as strong winds, riding pace or road conditions) the riding part of the tour may start and finish at another point determined by the guide. Should weather conditions become extreme we reserve the right to alter, delay or cancel a scheduled departure. In the event of cancellation of a tour due to weather a refund will be given if an alternate tour cannot be provided. In the event that a tour is cancelled after partial or substantial completion, we may provide a partial refund in our absolute discretion.
Use of Your Image
Throughout our tours our guides will take photos which may include you. We may wish to use those photos for promotional purposes. By joining the tour, you acknowledge and agree that we or our agents may take photos of you and you consent to us using images of you taken during the tour for our advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
If you don’t wish to take part please inform your guide at the start of your tour. We will not use any image containing persons under the age of 18 years at the time of tour.
Claims & Complaints
If you have a complaint about your tour, please inform your guide or our representative as soon as possible in order that they can attempt to rectify the matter. If you are unsatisfied with the resolution at this level, then any further complaint should be put in writing and sent via email to email@example.com or by post to GPO Box 417, Hobart, Tasmania 7001 within 30 days of the end of the tour.
Terms and Conditions Updates
These terms and conditions were last updated on 15 March 2016 and UDU Pty Ltd reserves the right to alter and update these terms and conditions at any time.