
Booking Conditions
These Booking Conditions together with the Booking Request form and Participant Acknowledgement and Waiver constitute the contract between Grid11 Pty Ltd (ACN 611 529 139) trading as IndoOffGrid and you for the services* that we provide to you.
In these booking conditions:
A reference to “you” and “your” is a reference to you as a tour participant.
A reference to “us”, “we” and “our” means between Grid11 Pty Ltd (ACN 611 529 139) trading as IndoOffGrid.
You must carefully read and understand the conditions of booking set out below prior to commencing a tour with us. No variation to these conditions will be effective unless in writing and signed by a person so authorised by us.
Once you have accepted these Booking Conditions you are deemed to have agreed to be bound by them and they will form the contract between you and us**. You will accept these Booking Conditions by:
- signing the Booking Request form, or
- signing the Participant Acknowledgement and Waiver, or
- confirming acceptance of these Booking Conditions in writing (including by email), or
- confirming acceptance of these Booking Conditions by continuing to pursue your booking and tour after having been provided with a copy of these Booking Conditions, or
- paying any amount on account of a tour, or
- embarking on a tour.
* Services included in your tour may be provided by Third Party Suppliers in case we are not responsible or liable for the provision of those services under this contract (see further condition 10d) below).
** We are not obliged to provide any services under this Contract until we accept your booking request (in our sole discretion), and you have complied with your obligations under the contract (e.g. in relation to payment of monies and provision of information).
1. How to Book, Payment & Prices
a) Before we can accept a booking request, you are required to:
i) Firstly, contact us at adventure@indooffgrid.com and tell us your plans. We will work with you to confirm dates and the best trip for you.
ii) Secondly, once you are ready to proceed:
- email a completed booking request form to us at adventure@indooffgrid.com; and
- email completed Participant Acknowledgement and Waiver Form(s) to us at adventure@indooffgrid.com. The Participant Acknowledgement and Waiver Form must be signed and returned by every individual participating on a tour; and
- If your booking is made 45 days or more from the departure date, pay a non-refundable deposit of AUD$350 per person per tour, with the remaining balance due 45 days prior to your travel departure date. If your booking is made within 45 days of the departure date the full amount is payable at the time of booking.
- Please note: if you pay a non-refundable deposit and the fail to pay the remaining balance on or before the due date, we reserve the right to treat your booking as cancelled and cancellation charges outlined at clause 3 (Cancelation by you) will apply.
c) For us to confirm travel arrangements, you must also provide all requested details.
d) The prices on our website represent the most current prices, are per person and are subject to a minimum of 2 people. Booking for 1 person can be accepted but a pricing surcharge, which will be quoted separately, will apply.
e) We try our utmost not to increase prices but at times increases may be beyond our control. We reserve the right to increase tours prices at any time. Amendments may be necessary for many reasons included but not limited to errors on our webpage / quotation, exchange rate movements, inflation, fuel price changes, new or revised park entry costs or the need to engage alternate third party suppliers. Any increase in the tour price must be paid prior to departure. If we need to increase a tour price after you have paid a deposit, you have the right to cancel your trip within 14 days of our notification and the money you have paid will then be refunded.
f) Once you have paid a deposit for your tour any subsequent discounts or price reductions that are advertised will not be retrospectively applied.
2. Inclusions and Exclusions
a) The land price of your tour includes accommodation, transport, sightseeing, national park entry costs, planned meals and soft drinks and the services of our appointed Leader(s), guide(s) and driver(s) when such costs are incurred following commencement of the tour before the tour has ended,
b) The land price of your tour excludes the cost of international flights, internal flights unless specified, taxes and excess baggage charges, visa and passport fees, travel insurance, optional activities, alcohol and all personal expenses. The land price also excludes any costs incurred before the tour commences and the tour ends.
3. Cancellation by you
a) If you wish to cancel your tour, you must notify us in writing where after the cancellation will take effect subject to the following:
i) If cancellation takes place more than 45 days prior to your departure date your full deposit will be forfeited.
ii) If cancellation takes place between 15 & 45 days prior to your departure date 50% of the tour price will be forfeited.
iii) If cancellation takes place 14 days or less prior to your departure date 100% of the tour price will be forfeited.
b) The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to us by you, may be recovered from you by us as a debt due and payable.
4. Cancellation by us
We may cancel a trip at any time prior to departure. In the event that we cancel your tour, you can transfer amounts paid to an alternate departure date or receive a full refund, unless your trip is cancelled due to a Force Majeure Event (as defined below in clause 5 below).
5. Cancelation due to Force Majeure Event
If we are prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of an act of God, strikes, trade disputes, fire, breakdowns, epidemics and pandemics, interruption of transport , government or political action, travel bans imposed by governments, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside of our reasonable control, we will be under no liability whatsoever to you and may, at our option, by written notice to you cancel the tour at any time. You will receive 100% credit to use on a future trip or a refund less our unrecoverable costs.
6. Booking Amendments
a) Transfers to an alternate IndoOffGrid tour or transfers of your booking to a third party are only permitted when operationally feasible and approved by us. A fee of $150 per person per change applies.
7. Travel Requirements, Passport and Visas
You are responsible to organise all travel and accommodation prior to the commencement of your tour and following completion of your tour including flights and transport, to and from your tour start and end points. It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for your tour. This includes a valid passport and all required travel documents including all visas, insurance policies and international airline tickets. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
8. Changes of Itinerary and Postponements
a) You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary for each tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
b) While we endeavor to operate tours as described we reserve the right to change the tour itinerary. In particular:
i. we may alter an itinerary due to local circumstances or a Force Majeure Event. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you.
ii. by joint agreement, you and your guide may choose adjust some aspects of your trip for any reason including but not limited to accommodating your personal preferences. Any additional costs for any such agreed changes will be covered by you.
c) Please note we are not responsible for any incidental expenses that may be incurred as a result of any change in itineraries including but not limited to visas, vaccinations or non-refundable or non-changeable flights.
d) In the event of any change, modification, cancellation, postponement or delay, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.
9. Tour Leader Authority
a) Our tours are generally run by guides, local representatives or crews (“Leaders”). The decision of the Leader is final on all matters likely to affect the safety or well-being of any traveller or person participating in the tour. If you fail to comply with a decision made by a Leader, interfere with the well-being of others or our ability to run a trip as planned, the Leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked and you will be deemed to have cancelled that tour. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited.
b) We reserve the right to change, at any time, the Leader(s) of any tour. If that happens, we will try to ensure that the alternative Leader has expertise commensurate with that of the original tour leader. Any such change will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.
10. Limitation of Liability
Our services which include our trips (“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).
a) To the maximum extent permitted by law (including the CCA) we exclude all liability whatsoever to you or any other person or organisation (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. For the purpose of clarify, to the maximum extent permitted by law, this clause releases us, our employees, our directors, our officers, our agents and our affiliates from all liability whatsoever. This clause does not limit or exclude your rights under the CCA.
b) (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 (in our absolute discretion) be limited to either: i) the provision of a similar trip to an equivalent value; or ii) a refund of the total amount received by us from you in connection with your booking. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
c) (Indemnity) You indemnify us and keep indemnifying us (and all of our subsidiaries, directors, 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:
i) your access or use of the Services, this includes your delegate’s access or use of the Services; and
ii) any breach by you (or your delegate) of:
- these Booking Conditions; or
- any additional terms applicable to providing the Services,
d) We contract with companies, activity providers, accommodation providers, airline / coach / boat / transport and transfer companies, tour operators, local guides, driver and vehicle providers, government agencies, national parks, independent contractors, NGO’s, individuals and the like to plan / deliver / run / operate our tours (Third Party Suppliers). Third Party Suppliers may also engage the services of local operators and sub-contractors. We act only as an agent for Third Party Suppliers and we do not run or operate the tours. We do not own or control Third Party Suppliers. Although we take reasonable steps to select appropriate Third Party Suppliers, we cannot and will not be responsible for their acts or omissions nor the acts or omissions of their operators / sub-contractors, whether negligent or otherwise. Any disputes between you and any Third Party Supplier or other third party are to be resolved solely between you and that party.
e) (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.
11. Your Acceptance of Risks
You acknowledge and agree that:
a) Your tour is an adventure tour. By the very nature of adventure tours, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to loss, injury and possibly death;
b) in Indonesia and locations where your adventure tour is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part;
c) the additional dangers and risks associated with adventure travel may include but are not limited to difficult and dangerous terrain, extremes of weather, including sudden and unexpected changes, water activities, dangerous wildlife or animals, disease including mosquito / insect borne disease, snake / spider / insect / vermin bite, a poor standard of roads / transportation, motorbikes, vehicle and other accidents, local standards, local customs, political instability, cultural attributes, remoteness from normal medical services and from communications, and evacuation difficulties in the event of illness or injury;
d) you have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself that information or advice.
e) the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour.
You confirm that you voluntarily accept the obvious, inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, illness, death or property damage or loss. This includes your acceptance and assumption of all known and unknown risks.
You agree that the acknowledgements contained in this clause 11 can be relied on by us and each Third Party Supplier involved in the tour.
You also agree and acknowledge that clause 11 constitutes a “risk warning” in accordance with relevant legislation.
12. Health, Fitness and Capability Requirements
You declare and warrant that you are:
a) in good health and mental and physical fitness;
b) you have taken out the necessary medical precautions (e.g immunise/vaccinate/ prescriptions) for the destination you are travelling to.
You declare that you have read and understood the following:
c) If you suffer from severe muscular, chest heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, or if you are not in good health, you are strongly advised against participating.
d) Our tours typically involve water activities such as swimming, river crossings, boating or rafting. As such you need to be a capable swimmer and if you are not you are strongly advised against participating.
e) Our tours typically involve hiking, often in difficult and remote terrain. As such you need to be a capable hiker with good fitness and if you are not you are strongly advised against participating.
f) Tours may take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility, but your insurance may cover you depending on the circumstances.
g) It is your responsibility to ensure you obtain proper and detailed medical advice prior to travel. If you do have pre-existing medical conditions that may impact on your ability to complete your travel then you must advise us of these conditions.
13. Minimum & Maximum Age
a) Our standard tours have a minimum age of 8 years at the time of travel.
b) All travellers under 18 years of age must be accompanies by a legal guardian, or in lieu of a legal guardian, by an escort over 18 years of age, appointed by their legal guardian. The legal guardian or appointed escort is responsible for day-to-day care of the person under 18.
c) We do not have an upper age limit. However, trips can be physically demanding and involve risk so passengers must be sure that they are suitably fit and well.
14. Travel insurance
a) Personal travel insurance is not included in the tour price and is not provided by us. Travel insurance is mandatory and it is your responsibility to ensure that you take out adequate insurance for the full duration of the tour covering at a minimum medical expenses (including for pre-existing medical conditions), personal accident, death, emergency repatriation. Your insurance policy must provide 24 hour emergency assistance. We also recommended coverage for loss of luggage and personal items, personal liability, cancellation, curtailment and personal effects.
b) You must provide us with your travel insurance policy number and the insurance companies 24-hour emergency contact number prior to commencing your trip.
15. Optional or Additional Activities
If you engage in any optional or additional activities not included in the tour price, they do not form part of the tour or this contract. You accept that any assistance, recommendations or advice given by your group leader, local representative or staff in arranging optional activities (including before, during or after a tour) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
16. Personal Information
Any personal information that we collect about you may be used for any purpose associated with the operation of a tour or advise you of future events or offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Tour.
17. Images
You agree that your image, in any form, may be used without charge by us for publicity and promotional purposes including but not limited to websites, digital materials, printed items and presentations, unless you notify us in writing that you do not wish to have your image to be used for these purposes.
18. 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.
19. Applicable Laws
This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of New South Wales, Australia.
20. Assignment
We can assign or otherwise transfer any of our rights or obligations under our contract with you, including novation to a related body corporate (as defined in the Corporations Act 2001 (Cth)), at our sole discretion on written notice to you.
21. Claims, Complaints, Compliments & Feedback
a) If you have a complaint about your tour please inform your Leader or our local representative or relevant supplier (e.g. hotel, transport provider) at the time so they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means then any further complaint should be put in writing and emailed to us at adventure@indooffgrid.com within 30 days of the end of the trip. Complaints made outside of these timeframes made not be considered.
b) We appreciate feedback from our customers. Feedback can be provided on tour to your Leader and we also appreciate you emailing feedback to adventure@indooffgrid.com.