Terms and Conditions

Requirements to participate in a Two Feet & a Heartbeat tour or activity

1.1 All Participants are required to disclose upon booking any medical condition which may prevent the participant from undertaking the Two Feet & a Heartbeat tour or activity.

1.2 The Participant acknowledges and agrees that it participates in the Two Feet & a Heartbeat tour or activity at his or her own risk, however, Two Feet acknowledges its duty of care to all participants.

1.3 During the Two Feet & a Heartbeat tour or activity, all participants must obey the directions and instructions of the Two Feet & a Heartbeat guide. They must not disturb other participants or interfere with the guide’s ability to conduct the tour or activity in a safe manner. Any participant who compromises the safe operation of the tour may be asked to leave immediately.

Covid-19

Business Vaccination Policy

2.1 Due to the potential transmission between staff and customers, all employees of Two Feet & a Heartbeat have been fully vaccinated. In addition, extra safety measures have been implemented across the business to protects both staff and customers (ie. Social distancing, extra hygiene protocols and individual servings at venues )

2.2 Two Feet & a Heartbeat will not accept a booking for any person that is not fully vaccinated for COVID-19 or does not commit to such requirement. Where a person makes a booking and is then unable to meet the requirement, the customer shall be barred from attending the tour and the company’s cancellation policy shall apply.

2.3 Customers who have a cultural tradition or medical condition which precludes vaccination should advise Two Feet & a Heartbeat prior to booking to make sure that the exemption will be accepted by us and our third part partners.

Government Requirements/COVID-19

3.1 If the Customer contracts COVID-19 (or any other pandemic virus or disease) within 21 days of the scheduled departure date, or is instructed to self-isolate by the applicable Government or other authorising body or other persons, the Customer must notify the Company in writing. In such circumstances, the Customer (and any other guest cancelling as part of the booking) will not be able to and will not be granted permission to undertake or participate in the product. The Company, in its sole discretion, may offer to the Customer a transfer of the product to an alternative date (subject to availability). The Company reserves the right to request supporting evidence of any contraction of COVID-19 or instruction to self-isolate.

3.2 Where the Customer presents with an elevated temperature or other symptoms of COVID-19 or any other communicable disease or virus (whether you are aware of the condition or not), the Company may in its absolute discretion:

  1. refuse the Customer’s participation in the tour;
  2. request that the Customer wears a face mask or other protective equipment;
  3. request that the Customer undertakes a Rapid Antigen Test; and or
  4. request that the Customer concludes the product / leaves the premises at the earliest possible and safest opportunity.

 

3.3 Where clauses 3.2(a) and (d) apply, the product will be deemed to have been cancelled by the Customer and the Company’s usual cancellation provisions will apply. All costs incurred by the Customer and or the Company as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to the Company under these circumstances.

3.4 Where the Customer presents with an elevated temperature or other symptoms of COVID-19 or any other communicable disease or virus and obtains a negative result to a COVID-19 test, the Company may in its absolute discretion allow the Customer to participate in or re-join the product.

3.5 Where the Customer is not allowed to participate in or re-join the product in accordance with clause 3.4 above, the product will be deemed to have been cancelled by the Customer and the Company’s usual cancellation provisions will apply. All costs incurred by the Customer and or the Company as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to the Company under these circumstances.

3.6 The Customer shall comply with all vaccination and or testing requirements and or directions by:

  1. the applicable Government (Federal or State);
  2. health authority or other authorising body;
  3. the Company; or
  4. any third party provider, in relation to COVID-19 (or any other disease or virus), for entry to the location of the product or to use or participate in the product.

 

3.7 The Customer will be required to be fully vaccinated from 31 January 2022. Proof of vaccination will be required prior to utilising or participating in any product including commencing any product. Where there is any inconsistency between the date specified in this clause for vaccination and any requirement or direction issued by Disclaimer The information contained in this document is provided for informational purposes only and should not be construed as legal advice on any matter. the applicable Government (Federal or State), health authority or other authorising body, any such requirement or direction issued by the applicable Government (Federal or State), health authority or other authorising body will prevail.

3.8 Where the Customer:

  1. is unable to meet any requirement (including where the applicable Government, health authority or other authorising body requirement is introduced subsequent to the booking);
  2. cancels the booking; or
  3. is unable to access the location of the product, as a result of a requirement referred to in clauses 3.6 and 3.7 above, the Customer shall forfeit all monies paid to the Company.

 

3.9 Where the Customer does not comply with any requirement referred to in clauses 3.6 and 3.7 above, the Company reserves the right to decline the booking, cancel the booking or refuse the Customer’s participation in the product at the Company’s absolute discretion and at the Customer’s cost.

3.10 Where the Customer is unable to utilise or participate in the product, or any part thereof, due to COVID-19 (or any other pandemic) border closures and or travel restrictions imposed by the applicable Government or other authorising body, the Company, in its sole discretion, may offer to the Customer:

  1. a transfer of the product, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by the Company in the circumstances), which transfer option is subject to availability; or
  2. a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by the Company in its absolute discretion), provided that:
    i. any additional costs payable on the new product will be payable by the Customer in full at the time of booking;
    ii. additional costs may apply for the product in future seasons; and
    iii. the credit, or any balance on a partially used credit, is not redeemable for cash.

 

3.11 The Customer releases and indemnifies the Company from any liability, loss or damage, of any nature, that may occur to the Customer, the Company or any other person (including but not limited to persons departing on the same product or utilising the same accommodation booked). Such liability, loss or damage may include (but is not limited to) all costs, losses and expenditures arising from the Customer’s use or participation in the product, any cancellation of the product, or any injury, illness or death of the Customer or any person.

PRIVATE TOURS

REGULAR SEASON

Terms of payment

4.1 A deposit of $220 or 10% booking value (whichever is greater) is required at the time of booking. This is to secure the exclusive date/time specified. The deposit is non-refundable.

4.2 A 100% balance payment (calculated on quoted minimum number of guests) must be made no later than 7 days prior to the departure date of tour. Failure to pay the balance may result in forfeiting the booking and losing the deposit.

4.3 Should the designated number of guests increase, 100% of the variation must be paid within 7 days of the change being made to the tour or activity.

4.4 Any changes to bookings within 7 days of the departure date may incur a $50 administration fee for each change.

4.5 Due to administration time, prepaying venues, allocation of guides and other factors, should the final number of guests reduce from the original booking, no difference will be refunded.

Cancellation and refunds

4.6 Should the designated minimum numbers not be met 14 days prior to the date of tour, Two Feet reserves the right to review the execution of the tour.

4.7 Refunds will be paid as follows:

7 days to 48 hr notice given – 50% refund
48 hrs or less notice given – 0% refund

CHRISTMAS and FESTIVE SEASON

4.8 The ‘Christmas and Festive Season’ is defined as the period between the last Friday in November and the first Sunday in January.

Terms of payment

4.9 A non-refundable deposit of $220 or 10% booking value (whichever is greater) is due immediately at the time of booking to secure the exclusive date/time specified.

4.10 A 100% balance payment (calculated on quoted minimum number of guests) must be made by within 14 days of booking. Failure to do so may forfeit booking.

4.11 Should the designated number of guests increase, 100% of the variation must be paid within 14 days of the change being made.

4.12 Due to administration time, prepaying venues, allocation of guides and other factors, should the final number of guests reduce from original booking, no difference will be refunded.

4.13 Given the busyness of the festive season, Two Feet need to lock in reservations with partner venues well in advance to ensure all bookings are guaranteed.

Cancellation and refunds

4.14 Should the designated minimum numbers not be met by 14 days prior to date of tour, Two Feet reserves the right to review the execution of prescribed tour.

31 days or more notice given – 50% refund
30 days or less given – 0% refund

FORCE MAJEURE

Force Majeure Event

5.1 “Force Majeure Event” means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), public health emergencies, industrial disputes, slow-downs or other strike, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including (but not limited to) restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Company’s services beyond its control.

5.2 If any Force Majeure Event results in the Company being prevented from, or delayed in, performing any of its obligations to the Customer:

  1. then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon the Company under these terms and conditions;
  2. no loss or damage shall be claimed by the customer from the Company by reason thereof; and
  3. the Company shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.

 

5.3 In the event of a Force Majeure Event, the Company, in its absolute discretion may:

  1. cancel or modify any routes within the product itinerary or objectives set out in the itinerary;
  2. substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
  3. postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any aspect of the product if in the absolute discretion of the Company it is necessary to do so;
  4. offer a transfer of the product, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by the Company in the circumstances), which transfer option is subject to availability;
  5. offer a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by the Company in its absolute discretion), provided that:
    i. any additional costs payable on the new product will be payable by the Customer in full at the time of booking;
    ii. additional costs may apply for the product in future seasons; and
    iii. the credit, or any balance on a partially used credit, is not redeemable for cash.

Amendments to Product

Amendments by the Company

6.1 Prices and products, including (but not limited to) accommodation and products as shown on the Company’s website are subject to change. The Company reserves the right to change this information without notice.

6.2 The Company reserves the right to:

  1. cancel or modify any routes within the product itinerary or objectives set out in the itinerary;
  2. substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
  3. postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the product if in the absolute discretion of the Company it is necessary to do so.

 

6.3 In the event of any change, modification, cancellation, postponement or delay the Customer acknowledges that the Customer will have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, cancellation, postponement or delay.

Amendments by the Customer

6.4 All booking amendment requests must be received in writing from the Customer via email no less than 60 days prior to the departure date.

6.5 The Company may consent to the amendment of a portion of, or all of the booking in its absolute discretion.

6.6 The Customer is responsible to ensure any components booked separately are appropriately amended by the Customer.

6.7 The Customer is responsible for any costs incurred in connection with the amendment request, including (but not limited to) new season or other rate increases, third party provider fees, and any rebooking fees payable to the Company.

Weather

7.1 Tours run rain, hail or shine. Please dress appropriately for the weather conditions.

7.2 Should the Bureau of Meteorology declare a ‘Severe Weather Warning’ on the day of a tour or activity, Two Feet & a Heartbeat reserves the right cancel or amend the tour. This is at the absolute discretion of Two Feet & a Heartbeat. Should the tour or activity not proceed due to ‘Force Majeure’, a refund less any fixed costs will be refunded.

Miscellaneous Terms

8.1 All Participants acknowledge and agree that Two Feet & a Heartbeat is expressly authorised to take photographs of participants during the tours and activities and utilise such photographs for the purpose of advertising. Participants will be given every opportunity to not participate in photos should they choose not to.

8.2 Participant photographs remain copyright to Two Feet & a Heartbeat and may only be used or reproduced by participants for private or domestic purposes and must not be used for any commercial purpose without prior written permission by Two Feet & a Heartbeat.

8.3 Two Feet & a Heartbeat carry public liability that covers the general public for bodily injury and/or death and/or property damage. To the extent permitted by law, Two Feet & a Heartbeat excludes liability and will not be responsible for any loss, damage, or injury. In particular, Two Feet & a Heartbeat will not be responsible for loss or damage arising from a participant’s failure to obey instructions from a guide (or authorised company representative) or from any pre-existing medical or psychological condition.

8.4 Further, but only to the extent permitted by law, Two Feet & a Heartbeat will not be responsible for loss or damage arising from any negligent act or omission of Two Feet & a Heartbeat or any person for whom Two Feet & a Heartbeat is responsible. Certain laws imply non-excludable conditions and warranties. This provision does not exclude those conditions and warranties but limits Two Feet & a Heartbeat liability in relation to these to provision of services provided by Two Feet & a Heartbeat again, or refund of the cost of those services.

8.5 Two Feet & a Heartbeat is also not liable for any loss, damage or inconvenience arising from or incidental to any delay in the scheduled Two Feet & a Heartbeat or activity taking place.

Acceptance of Terms and Conditions

9.1 By confirming the booking, the client agrees to these terms and conditions.

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