Terms & conditions

Time Out Group Pty Ltd trustees for Time Out Adventures (abn 61837 943 166), trading as Time Out Adventures & Entertainment (“The Company”)

Terms

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to engage in business with The Company for the express purpose of the Company’s stated services and products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

General

The laws of Queensland Australia govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the Queensland courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text, photos, images, icons, videos, and graphics relating to the Company’s services and the full content of this website.

Privacy Statement

We may collect certain non-personal information to optimise our tours and service including our Web pages from your computer (e.g., the identity of your internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider). We may use such non-personal information for internal purposes, including but not limited to improving the content of our sites.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis and we reserve the right to add, change, remove, substitute and/or vary our products and service (including tour routes), pricing, sessions times without notice. We will endeavor to provide reasonable effort to maintain the advertised price.

In addition this, to the fullest extent permitted by laws, this Company:

-Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

-Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
– Excludes all liability for illness, injury, damages or loss as a result of participating in one of our Activities or Services

Dispute Process

The Parties agree that this agreement, any sales there under, or any claim, dispute or controversy between Client and The Company arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, The Company’s advertising, or any related purchase shall be governed by the laws of Queensland Australia, without regard to conflicts of Laws rules.

Payment & Cancellation Policy

Team Building Activities or Entertainment

Prices & Charges

Pricing quoted is fixed and shall not change even if the total number of participants is reduced. Provided the number of participants does not significantly increase, no extra charges will apply. However should the numbers significantly increase on the day, an extra fee will be levied and payable after the event within 7 days.

Invoicing

Upon acceptance of The Company proposal, we will invoice you the agreed amount. A deposit of 50% will be required within 14 days of accepting this proposal with the balance due 14 days prior to the event/function. Should you wish to pay by credit card a surcharge of 1.5% Visa/MasterCard and 2.5% for AMEX will be applied.

Refund & Cancellation Policy

We will try to be as flexible with any changes you may have prior to your event. If you need to cancel your event and it is more than 14 days from the scheduled date and you choose not to reschedule it, we reserve the right to retain 25% of the total fixed price amount or
If you choose to cancel your event and it is less than 14 days from the scheduled event and you choose not to reschedule it we reserve the right to retain 60% of the total fixed price amount or
If you choose to cancel the event on the day for any reason including weather, we reserve the right to retain 100% of the total fixed price amount.

Leisure Activities

(include but not limited to Segway Rides & Tours, Ozbobbles, Laser Clay, Archery, Splash Golf and other Activities listed on the Activities pages of the web site)

Refund & Cancellation Policy

Minimum 48 hours notice of cancellation is required. No refunds will be given for any reason within 48 hours of the Activity start time. Notification of cancellation is required either in person, via telephone, or via email.

Cancellations received more than 48 hours in advance will receive a full refund.
Failure to show for an activity or tour; appearing later then the scheduled start time for an activity or tour or if you decide midway through the activity or tour that you no longer wish to participate will result in no refunds being given and 100% of Activity or tour is payable.

We will always attempt to reschedule your activity if possible according to our business practices and the availability of our guides, tickets, equipment, and Segways. However, we reserve the right to charge full price for new tour reservations if the original reservation is missed or skipped.

Poor weather policy

The following activities cannot be undertaken whilst raining; Ozbobbles and Laser Clay. All other activities will normally operate in all but exceptional weather conditions. Rain, wind, cold and fog do not prevent us conducting our tours. Unless you hear from us, assume your tour is going ahead. We will make every effort to inform you if cancelling your scheduled activity is necessary. Participants that decide not to attend/participate on the basis of weather (against our policy and/or advice) forfeit their full activity fare. Where poor weather causes cancellation of a activity or tour, we may offer you the nearest possible alternative session time, if this is not possible then please see our Credit and Refund Policy.

Minimum Numbers

Minimum customer numbers apply for some of our Activities. Where sufficient numbers are not achieved, we reserve the right to cancel the Activity or offer a suitable alternative session time. Alternatively, you may be given the option to pay a surcharge and proceed with the Activity as booked. We will inform you prior to your Activity if minimum numbers are not achieved and if this surcharge will apply. If this is not agreeable to you, we will gladly offer a full refund.

Minors

Segway Tours and Rides require participants under the age of 18 to be accompanied by a parent or guardian, except where prior arrangement has been made with management.

Indemnity & Waivers

All participants on Segway Rides & Tours will be required to sign an Indemnity & Waiver Form. The form includes but is not limited to statements that the participants has read and understood their obligations, is not under the influence of drugs or alcohol, are responsible for any damage caused to persons or property whilst riding and generally participate in the activity at their own risk.

All participants under the age of 18 MUST be accompanied by a parent or guardian and the parent or guardian must sign the forms on their behalf.

Right of Refusal

The Company reserves the right to prevent or prohibit you or any participant, either prior to or during an activity, from participating in any of our Activities, if our facilitators deem your behaviour unacceptable, it would be unsafe for your to participate or you fail to follow our. In such cases, no refunds or alternative dates will be given.

Other Terms & Conditions

Refer to each individual Activity or Service for any specific terms and conditions related to it.