Terms and conditions

1. When booking a tour the driver/s must ensure that they posses a valid drivers licence permitting them to drive in Australia.

2. A deposit of $1,200 per vehicle is required when making your booking.

3. Full payment is required no later than 8 weeks prior to the departure date.

4. Cancellations by the purchaser. The following cancellation fees apply. A) Your deposit will be forfeited. B) Cancellations less than 8 weeks prior to departure will forfeit their tour payment. In our discretion we may refund your payment, less the deposit amount if we are able to fill your spot in the tour. Again, if your spot has been filled, at our discretion we will offer to transfer your full amount, including deposit towards another of our adventures, where a vacancy exists. Please understand these tours have a minimum and maximum number of participants needed to make them viable. Cancellation refunds could curtail every other participant’s adventure.

5. Cancellations by Fugvan. A) Fugvan reserves the right to cancel a tour if there are insufficient participants. If Fugvan is forced to cancel a trip because of insufficient numbers, we will firstly, and preferably, offer you an alternative tour where possible, or if this is unsuitable, a full refund. B) Fugvan reserves the right to alter an itinerary, in part or full due to weather, road conditions, breakdowns, fuel supply, civil unrest, or any reason that impacts on the safety of the tour group. We recommend you purchase travel insurance if you will be financially impacted by any alterations. All efforts will be made to avoid changes, but we are taking you on an adventure, not a tour of the Gold Coast. Our aim is always to have you have a great adventure and be safe.

6. Due to the adventurous nature of these tours we cannot guarantee arrival or departure on each day, or at the beginning or ending or the tour.

7. In the event of a tourer’s vehicle breakdown, we may assist the tourer (with consent ) to assess and attempt to make minor repairs to the vehicle where possible in order for for it to continue with the tour, or travel to a suitable professional repairer. We strongly recommend obtaining high level breakdown insurance service before departure. We will take all reasonable steps to get a vehicle to an accessible spot for breakdown assistance, but the tourer will always be responsible for any costs incurred. These actions may delay the group as a whole and alter the itinerary, but all participants should acknowledge that as a group we cannot leave individuals in an unsafe circumstance.

8. Fugvan and the tour leader, acting to assist with vehicle recovery, repairs or towing will not be liable for any damage in the performance of his assistance repairs or towing as the tourer is giving consent with full knowledge of the remoteness of the situation, and Samaritan assistance is being provided.

9. This is an adventure on low quality roads and off road tracks. We will assess circumstances, and when required, help you to understand how to avoid any damage to your vehicle. Fugvan and the tour leader will not be liable for damage to your vehicle. All participating vehicles should be covered by comprehensive insurance that is suitable for remote travel. Coverage for ‘ anywhere it is legal for you to be ‘ is available.

10. For any reason if Fugvan customers join after the tour begins, or leave before the end of the tour, no refunds will be given to any tour fees paid. The Tour cost is quoted as is and will not be altered to a prorata basis if changes occur. Costs associated with joining late/leaving early is the responsibility of the customer. This is for any reason including ill health or breakdowns. These circumstances may be covered under travel insurance.

11. For us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details may vary by trip; they include, but are not limited to full name as per driver/s licence, and vehicle registration details. Pre-existing medical conditions and medications should be detailed in a sealed envelope and kept in the glove box of your vehicle. Only to be opened in a medical emergency.

12. Our trips entail some adventurous driving, and while most days are relatively short, there are a few days that maybe physically fatiguing, and there are opportunities for some optional hikes during the tour. These require a basic level of fitness should you choose to undertake them. We have First Aid training only. It is your responsibility to ensure that you obtain proper and detailed medical advice prior to travel for the latest health recommendations and medications for you in this circumstance. We carry Starlink, Zoleo and a PLB, we recommend everyone should carry a PLB, particularly if participating in the hikes.

13. Fugvan is not responsible or liable for loss, damage or theft of personal belongings whatsoever, or for personal injury, sickness or medical costs. We are not responsible for vehicle accidents or damage.

14. Vehicle insurance is the tourers responsibility. Fugvan is only responsible for insuring it’s own equipment.

15. Travel insurance is encouraged for all participants and should be taken out at the time of booking. We are not responsible for any incidental expenses that may be incurred as the result of an itinerary change, including, but not limited to non refundable flights or onwards accommodation bookings.

16. Behaviour expectations: A) There must be a responsible and respectful standard of behaviour towards both other adventure participants and the general pubic. B) Do not engage in conversation that may ridicule or have potential to offend others. C) Respect all cultures, including those of the indigenous communities and lands that we will travel through. D) Take only pictures, and leave only footprints and tyre tracks. Do not leave any litter. E) Rules of the accommodation sites and National Parks on tour must be adhered to. F) Illicit drugs of any kind will not be tolerated. G) Intoxication and unruly behaviour will not be tolerated at any time on the tour. Drink/Drug driving will not be tolerated. We may be remote, but participants will be required to behave in a lawful manner. Some areas that we travel through may have restrictions on the amount of alcohol that can be carried. Please be mindful of this. H) We reserve the right to end your participation in the Tour, without refund, if you fail to abide by these expectations.

You acknowledge that the nature of the Tour may be adventurous and participation involves a degree of personal risk. You acknowledge that you are choosing to travel into remote areas where there is often many hours to medical help. We will take reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel in light of consideration of this information and that you have accepted that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

LIABILITY AND SERVICE GUARANTEE

Our services which include our tours (“Services”) may come with guarantees that cannot be excluded under Australian Consumer Law.

“Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).

To the maximum extent permitted by law (including the CCA) we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the CCA.

(Limitation of Liability) Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.

(Indemnity) You indemnify us (and all our officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:

(a) your access or use of the Services, this includes your delegate’s access of use of the Services: and

(b) any breach by you (or your delegate) of;

(c) these Booking Conditions; or

(d) any additional terms applicable to providing the Services, except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.

(Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.

OPTIONAL ACTIVITIES

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by the Tour Leader, or Fugvan in arranging optional activities (including before or after a trip) does to render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.

COMPLAINTS AND CLAIMS

If an issue arises during the tour then please inform the Tour Leader at the time so that they can attempt to rectify the matter immediately. If you believe that your complaint has not been resolved through these means, then any further complaint should be put in writing to us within 14 days of the end date of the tour through our webpage/email. Any other claims or complaints concerning the tour should be made in writing as soon as possible and within 14 days of the end of the tour date.

SEVERABILITY

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

APPLICABLE LAW

The laws of Queensland, Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Queensland, Australia.