Terms of Service.

Thank you for choosing 4x4 Explore for your upcoming off-road adventure.

Before embarking on your tour, it is essential for you to read and understand the following terms and conditions which form your contract with us in accordance with the law of the Australian Capital Territory, Australia.

By making a booking for a tour you are accepting these terms and conditions.

Terms and Conditions

In these Terms and Conditions, "4x4 Explore", "we", "our" and "us" means Quadrilateral Pty Ltd ACN 670 313 596 trading as 4x4 Explore.

1. Booking and Payment

1.1 Bookings may be made through our website or by contacting us. A booking is confirmed only when we have received either full payment or the required deposit into our nominated bank account, and we have issued you a booking confirmation.

1.2 Payment may be made by bank transfer (BSB and account number or PayID) or by credit card, debit card, Apple Pay, Google Pay, Link or PayPal through our website:

(a) Payment by bank transfer can be arranged by completing an invoice request form or by contacting us.

(b) If paying through our website using PayPal, you may choose at the time of booking to pay in full or pay in four instalments using PayPal’s ‘Pay in 4’ option. PayPal’s terms and conditions will apply.

(c) Your use of third-party payment services is subject to the terms and conditions of the relevant provider. We are not responsible for the operation of those services or for any fees, charges or financing arrangements imposed by the provider.

1.3 Bookings made within six weeks of the scheduled tour start date require full payment at the time of booking.

1.4 For bookings made more than six weeks before the scheduled tour start date, you may either:

(a) pay the total booking price in full at the time of booking; or

(b) pay a minimum deposit of 30% of the total booking price at the time of booking, with the balance payable in one or more instalments by the due date(s) specified on an invoice we will issue you.

1.5 If the total booking price has not been paid in full by six weeks before the scheduled start date of the tour, we may cancel your booking and retain any amounts paid in accordance with our cancellation policy.

1.6 In addition to clause 1.5, where you choose to pay a deposit and balance instalment(s):

(a) Unless otherwise stated on your invoice, the total booking price must be paid in full no later than six weeks before the scheduled start date of the tour;

(b) If any instalment is not paid by the due date specified on your invoice, we may contact you to arrange payment of the overdue amount;

(c) If an overdue amount remains unpaid for more than seven days after the due date, we may cancel your booking and retain any amounts paid in accordance with our cancellation policy; and

(d) We reserve the right to withdraw or amend an instalment payment arrangement at any time prior to full payment where you fail to comply with the payment schedule set out in your invoice.

1.7 All prices are quoted in Australian dollars and include GST and any other applicable taxes and fees, unless stated otherwise. Unless stated otherwise on the tour page, the quoted price is per vehicle regardless of the number of passengers, up to the maximum passenger capacity specified for that vehicle. Once a booking is confirmed, the quoted price will not change except where required by law.

2. Cancellations and Refunds

2.1 Customer cancellation requests must be submitted in writing.

2.2 Customer cancellations made more than six weeks before the scheduled start date may receive either:

(a) a full tour credit valid for 24 months; or

(b) a refund less a $75 administration fee as a genuine pre-estimate of administrative and booking costs incurred by 4×4 Explore.

2.3 Customer cancellations within six weeks of the scheduled tour are non-refundable. 4x4 Explore may, at its sole discretion, permit a transfer to another available tour or permit a substitute participant, subject to payment of any additional costs incurred by 4x4 Explore.

2.4 No-shows or participants who arrive late will not be eligible for a refund.

2.5 Customers affected by a cancellation by 4x4 Explore will be notified in writing. Customers may request credit towards a future 4x4 Explore tour or a refund.

3. Tour Requirements

3.1 All vehicles must be registered with a relevant State or Territory authority and must be mechanically sound and of a make and type suitable for the tour.

3.2 All drivers must hold a valid driver's licence and obey all road rules at all times.

3.3 Participants are responsible for ensuring they hold any insurance they consider necessary including vehicle, trailer, travel and recovery insurance.

3.4 Participants confirm that, to the best of their knowledge, they are physically and medically fit to participate in the tour and must notify 4x4 Explore before departure of any medical condition that may affect their safety or the safety of others during the tour. Pregnant women, individuals with pre-existing medical conditions, and individuals with mobility issues should consult with their healthcare provider before booking a tour.

3.5 Participants must always follow the tour guide’s instructions throughout the duration of the tour.

3.6 Participants must prepare their vehicles and equipment for their tour and should consider the equipment and vehicle preparation recommendations provided to them by 4x4 Explore.

3.7 Parents and guardians are responsible for supervising children who undertake the tour with them.

3.8 Other than accredited assistance animals, pets and other animals are not permitted on any 4x4 Explore tours. Owners and carers are responsible for supervising assistance animals on tours.

3.9 Where, in our reasonable opinion, participation would present a safety risk to any person, property or the environment, we may refuse or terminate participation. No refund will be payable where the exclusion results from the participant's conduct, failure to comply with tour requirements, or failure to maintain a vehicle suitable for the tour.

3.10 4x4 Explore may remove any participant from a tour where the participant engages in unsafe, reckless, unlawful, abusive or disruptive conduct. No refund will be payable where removal is due to the participant's conduct.

3.11 While 4x4 Explore will provide all practical assistance, you are wholly responsible for the recovery and repair of your vehicle/s, trailer/s and other equipment in the event of mechanical fault, electrical fault, breakdown, other failure, or becoming bogged.

4. Risks, Liability and Indemnity

4.1 You acknowledge that participation in a 4x4 Explore tour involves inherent risks and hazards including, without limitation:

• off-road driving;

• vehicle rollovers;

• vehicle collisions;

• vehicle recovery operations;

• mechanical failure or breakdown;

• water crossings;

• steep, narrow or uneven tracks;

• sand, mud, rocks and vegetation;

• wildlife encounters;

• adverse weather conditions;

• remote locations;

• slips, trips and falls;

• dehydration, heat illness and other medical emergencies; and

• delays in accessing medical treatment.

4.2 You participate in the tour voluntarily and at your own risk and accept the inherent risks associated with participation in the tour.

4.3 You are responsible for loss of, or damage to, your vehicle, trailer, equipment and personal property except to the extent caused by 4x4 Explore's negligence or other liability that cannot be excluded by law.

4.4 You indemnify 4x4 Explore against any loss, damage, claim, liability, cost or expense arising from:

(a) your breach of these Terms and Conditions;

(b) your unlawful, reckless or negligent conduct; or

(c) your failure to comply with directions given by a tour guide.

4.5 Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

5. Itinerary and Weather Conditions

5.1 4x4 Explore will not be liable for cancellation, delay or modification of a tour arising from circumstances beyond its reasonable control including floods, bushfires, severe weather events, road closures, government directions, industrial action, disease outbreaks or any other event beyond our reasonable control.

5.2 The tour itinerary is subject to change without prior notice due to weather, road or park conditions, or road or park closures.

5.3 In the event of itinerary changes, 4x4 Explore will make every reasonable effort to provide a comparable alternative.

5.4 You acknowledge and agree that weather conditions can impact the tour, and refunds will not be provided for changes to the itinerary due to weather.

6. Respect for the Environment and Local Communities

6.1 During the tour you must:

(a) respect and minimise any harm to the natural environment including the land, flora, fauna and cultural sites; and

(b) comply with all environmental and safety laws applicable to the areas you are travelling in and through and you acknowledge that littering, vandalism or any activity that may harm the environment including waterways, flora, fauna or local communities is prohibited.

7. Recreational Services Warning and Limitation of Liability

IMPORTANT NOTICE UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING LEGISLATION

7.1 The tours conducted by 4x4 Explore are recreational services involving a significant degree of physical risk and are supplied for the purposes of recreation, enjoyment and leisure.

7.2 To the maximum extent permitted by law, including section 139A of the Competition and Consumer Act 2010 (Cth), 4x4 Explore excludes liability arising from any failure to comply with a consumer guarantee under the Australian Consumer Law where that liability results in:

(a) death;

(b) physical or mental injury;

(c) illness or disease; or

(d) the aggravation, acceleration or recurrence of any such injury, illness or disease,

suffered by you as a result of participating in a tour.

7.3 The exclusion of liability in clause 7.2 does not apply to liability arising from reckless conduct, fraud or wilful misconduct by 4x4 Explore.

7.4 You acknowledge that you have read and understood this warning before participating in the tour.