1. Booking Terms
1.1 Cancellation and Refunds
If the Tour is cancelled, refunds will be provided, minus any incurred fees and charges borne by Todd Tours and any of its’ associated third party service providers.
1.2 Extension Payment
Extending the Tour beyond agreed-upon times necessitates payment either in cash or through direct bank deposit. In instances where the Tour consents to the extension, all payments should be settled within five days following the Tour date. If this timeframe is not honoured, the terms stipulated in clause 1.3 shall apply.
1.3 Outstanding Payments
In cases where outstanding payments remain unpaid, the Tour Purchaser agrees to compensate Todd Tours for the amount owed along with a daily compounding interest rate of 5%. Furthermore, all incurred fees, including legal expenses, related to debt collection, will be borne by the Tour Purchaser.
1.4 Credit Card Authorisation
For any outstanding fees, such as equipment rentals, the Tour Purchaser grants permission to Todd Tours to charge the credit card initially used for booking, along with applicable surcharges.
2. Limitation of Liability
2.1 Todd Tours Liability You expressly understand and agree that Todd Tours, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. The liability of Todd Tours Yacht Tours, will be in accordance with the provisions outlined in Part VIII of the Navigation Amendments Act 1979.
2.2 Personal Property
Todd Tours and associated parties hold no liability for personal belongings brought on the Tour by the Tour Purchaser, including clothing and electronic devices.
2.3 Property Claims
The Tour Purchaser agrees to refrain from making any claims against Todd Tours, its agents, and subcontractors for the replacement or costs associated with lost, stolen, or damaged personal property.
3. Liability Release
3.1 Acknowledgment of Release of Liability The Tour Purchaser affirms understanding and agreement with the Liability Release/Assumption of Risk/Non-agency Acknowledgement Form – Todd Tours Liability Release, available on the Todd Tours website. The Tour Purchaser booking implies acknowledgment and acceptance of this document's terms.
4. Cancellation Policy – Tour Bookings
4.1 Tour Passenger Cancellation - Early Notice For Passengers who cancel more than 48 hours before the scheduled Tour start date (tour date begins at 00:00 - midnight on day of departure): * A full refund will be provided.
4.2 Tour Passenger Cancellation - Moderate Notice For Passengers who cancel between 24 and 48 hours before the scheduled Tour start date (tour start date begins at 00:00 - midnight on day of departure): * A 75% refund will be provided.
4.3 Tour Passenger Cancellation - Short Notice For passengers who cancel within 24 hours or less from the Tour Purchaser start date (tour date begins at 00:00 - midnight on day of departure): * No refund will be provided.
4.4 Refunds and Third Party Fees Any refunds for Tour Purchaser or Passenger cancellations will not include third-party fees, such as credit card charges.
4.5 Booking Transfer The Tour Purchaser can transfer their booking to another person who will attend the booked Tour. The transfer must align with the originally scheduled day and time.
4.6 Force Majeure In the event of an uncontrollable force majeure, like industrial actions, adverse weather conditions, technical issues, or other unforeseeable events, causing a Tour cancellation, Todd Tours is exempt from liability. The Tour Purchaser will not be liable for cancellation fees and will receive a full refund of paid amounts.
5. Tour Purchaser Details
5.1 Tour Purchaser Information Accuracy
The Tour Purchaser affirms the accuracy and authenticity of the details entered in the Todd Tours online booking form. These details serve to evaluate all Tour Passengers’ experience and capabilities. Additionally, these details might be relied upon in legal proceedings in case of injury, death, or other related incidents.
5.2 Tour Waiver
Both the Tour Purchaser and all passengers are required to complete the Todd Tours Waiver
6. Tours
6.1 Destination Flexibility
While Todd Tours strives to adhere to the predetermined destination, factors like weather conditions and traffic density might necessitate changes. Such alterations do not warrant refunds.
6.2 Operator's Destination Decision
The final determination of the chosen destination rests with Todd Tours.
6.3 Weather-Related Cancellations
If Todd Tours deems weather conditions unsafe, Tour cancellations or postponements may occur. All bookings will be rescheduled for another operational day. No refunds will be granted.
6.4 Departure Punctuality
The Tour Purchaser must be present at the pre-agreed tour departure location, at the designated tour departure time. Promptness is the Tour Purchaser's responsibility. If the Tour Purchaser or any other passenger misses the Tour’s departure time, no refund will be issued. Late arrivals after departure cannot be accommodated by Todd Tours.
6.5 Inclusive Duration
The duration of the Tour encompasses the time required from passenger pick up to passenger drop off.
6.6 Delay Disclaimers
Todd Tours is not accountable for delays arising from late passenger arrivals, traffic, or any uncontrollable external factors.
6.7 Tour Purchaser Extension
Extending the Tour duration during its’ course is subject to Todd Tours sole discretion. Any extension payment will be made through cash or direct bank deposit, following the terms outlined in clause (1.3).
6.8 Late Passenger Chargeback
Should a tour passenger miss the Tour commencement due to their lateness and subsequently challenge the credit card charge, Todd Tours reserves the right to levy an administration fee of $90 per hour, with a minimum of $360.
6.9 Mechanical Failure Contingency
If the Tour initiates but cannot be completed due to mechanical issues, the Tour Purchaser fee will be refunded on a pro-rata basis according to the hourly rate (Tour Purchaser cost divided by Tour Purchaser duration in hours) up to the point of mechanical failure. For driving tour mechanical failures, it is the responsibility of Todd Tours to cover any costs in replacing un-operable vehicles and ensuring that the Tour Purchaser and all passengers are returned to their tour departure location.
7. Conduct and Behaviour
Unruly or disruptive conduct, irrespective of the cause, will not be tolerated. Instances of behaviour beyond this policy's boundaries will lead Todd Tours to consider the following actions:
7.1 Termination of Tour
The Tour may be terminated by driving to the nearest public transport departure location where passengers will be asked to leave the vehicle. No refunds will be provided under these circumstances.
7.2 Involvement of Authorities
Todd Tours may involve the police to remove passengers who are causing disruptions. 7.3 Problem Resolution Efforts may be made to negotiate with the Tour Purchaser to find alternative ways to address the issue.
7.4 Early Termination Costs
Any expenses associated with prematurely ending the Tour due to disruptive or unruly behaviour will be borne by the Tour Purchaser. In cases where the Tour Purchaser owes outstanding amounts to Todd Tours, the conditions outlined in clause (1.3) shall be adhered to.
8. Garbage Disposal
8.1 Garbage while on Driving/Walking Tours
All garbage will be held in person by the Tour Purchaser or someone in the Tour Purchaser’s group until the end of the tour or appropriately disposed of during the tour. Garbage must be disposed of in designated local council garbage bins only.
9. Equipment Rentals
9.1 Rental Equipment Condition
Should the Tour Purchaser opt to rent equipment from Todd Tours, they commit to returning the rental items in proper working condition.
9.2 Hire Gear Documentation
The Tour Purchaser/hirer will be obligated to complete the hire gear document provided by Todd Tours upon pickup.
9.3 Identification and Consent
The Tour Purchaser/hirer must provide their driver's license or another acceptable form of ID and agree to its copy being made before collecting the rental gear.
9.4 Damage Responsibility
In the event of damage occurring during the rental period, the cost of repairing the rental equipment will be borne by the Tour Purchaser/hirer.
9.5 Compensation for Lost Equipment The Tour Purchaser agrees to compensate Todd Tours for any lost rental equipment.
9.6 Replacement Charges
The Tour Purchaser/hirer consents to Todd Tours charging the Tour Purchaser's/hirer's credit card without prior notice to cover the replacement cost of lost rental gear.
9.7 Similar Replacement Option
If the exact brand/model of the rental gear is unavailable for purchase, Todd Tours may select a similar product without advance notice.
9.8 Late Return Charges
Should the Tour Purchaser/hirer return the rental gear late, they agree for Todd Tours to charge their credit card the full daily rental rate for each day until the gear is returned.
9.9 Dispute Resolution
In cases of disagreements regarding additional charges for late returns, lost, or damaged hire gear, the Tour Purchaser/hirer agrees for Todd Tours to impose an administration fee of $90 per hour, with a minimum of 4 hours totalling $360 on their credit card.
9.10 Rental Booking Cancellations
If the Tour Purchaser/hirer cancels their booking 5-7 days from the booking date/time, Todd Tours can transfer the booked hire gear to another day. However, the gear must be utilised within 3 months from the original booking date.
9.11 Late Cancellation
If the Tour Purchaser/hirer cancels their booking within 2 days from the booking date/time, no transfer or refund will be provided.
10. Gift Certificates
10.1 Gift Certificate Validity
All gift certificates hold validity for a period of 12 months from the date of purchase.
10.2 Revalidation Option
Expired gift certificates can be revalidated for an additional 3-month period upon payment of a $25 fee.
11. Tour Purchaser's Acceptance
11.1 Tour Purchaser's Information Integrity
The Tour Purchaser affirms that the information provided during online booking is true and accurate. This information may be utilised by Todd Tours for Tour Purchaser assessment and might be relied upon in legal contexts if necessary.
12 Terms and Conditions Updates
Todd Tours retains the right to modify the terms and conditions without prior notice.
12.1 Reading and Agreement
The Tour Purchaser is accountable for reading the aforementioned terms and conditions along with the Release of Liability document associated with specific Tours before checking the agreement box. By checking the box, the Tour Purchaser acknowledges having comprehensively read, understood, and agreed to all the terms and conditions, as well as the Release of Liability document.
13. Gift Certificates
13.1 Gift Certificate Duration
All gift certificates remain valid for a period of 12 months starting from the date of purchase.
13.2 Gift Certificate Delivery Option
Upon request, the Tour Purchaser can have a gift certificate emailed. The certificate will be sent to the email provided during booking, along with any specified notes.
13.3 Gift Certificate Redemption
Gift certificates must be redeemed within the 12-month validity period. The value of the gift certificate must be utilised within this timeframe.
13.4 Redemption Procedure To redeem a gift certificate, the Tour Purchaser must either book online using the provided discount code (if applicable) or contact Todd Tours in writing. This contact should be made within 12 months from the purchase date. Failure to do so will invalidate the gift certificate unless alternative arrangements are made in writing with Todd Tours.
13.5 Non-Convertible Nature
Under no circumstances can Gift Certificates be converted into cash or refunded.
14. Terms and Conditions Updates
14.1 Todd Tours reserves the right to revise or modify their terms and conditions without prior notice.
1.1 Cancellation and Refunds
If the Tour is cancelled, refunds will be provided, minus any incurred fees and charges borne by Todd Tours and any of its’ associated third party service providers.
1.2 Extension Payment
Extending the Tour beyond agreed-upon times necessitates payment either in cash or through direct bank deposit. In instances where the Tour consents to the extension, all payments should be settled within five days following the Tour date. If this timeframe is not honoured, the terms stipulated in clause 1.3 shall apply.
1.3 Outstanding Payments
In cases where outstanding payments remain unpaid, the Tour Purchaser agrees to compensate Todd Tours for the amount owed along with a daily compounding interest rate of 5%. Furthermore, all incurred fees, including legal expenses, related to debt collection, will be borne by the Tour Purchaser.
1.4 Credit Card Authorisation
For any outstanding fees, such as equipment rentals, the Tour Purchaser grants permission to Todd Tours to charge the credit card initially used for booking, along with applicable surcharges.
2. Limitation of Liability
2.1 Todd Tours Liability You expressly understand and agree that Todd Tours, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. The liability of Todd Tours Yacht Tours, will be in accordance with the provisions outlined in Part VIII of the Navigation Amendments Act 1979.
2.2 Personal Property
Todd Tours and associated parties hold no liability for personal belongings brought on the Tour by the Tour Purchaser, including clothing and electronic devices.
2.3 Property Claims
The Tour Purchaser agrees to refrain from making any claims against Todd Tours, its agents, and subcontractors for the replacement or costs associated with lost, stolen, or damaged personal property.
3. Liability Release
3.1 Acknowledgment of Release of Liability The Tour Purchaser affirms understanding and agreement with the Liability Release/Assumption of Risk/Non-agency Acknowledgement Form – Todd Tours Liability Release, available on the Todd Tours website. The Tour Purchaser booking implies acknowledgment and acceptance of this document's terms.
4. Cancellation Policy – Tour Bookings
4.1 Tour Passenger Cancellation - Early Notice For Passengers who cancel more than 48 hours before the scheduled Tour start date (tour date begins at 00:00 - midnight on day of departure): * A full refund will be provided.
4.2 Tour Passenger Cancellation - Moderate Notice For Passengers who cancel between 24 and 48 hours before the scheduled Tour start date (tour start date begins at 00:00 - midnight on day of departure): * A 75% refund will be provided.
4.3 Tour Passenger Cancellation - Short Notice For passengers who cancel within 24 hours or less from the Tour Purchaser start date (tour date begins at 00:00 - midnight on day of departure): * No refund will be provided.
4.4 Refunds and Third Party Fees Any refunds for Tour Purchaser or Passenger cancellations will not include third-party fees, such as credit card charges.
4.5 Booking Transfer The Tour Purchaser can transfer their booking to another person who will attend the booked Tour. The transfer must align with the originally scheduled day and time.
4.6 Force Majeure In the event of an uncontrollable force majeure, like industrial actions, adverse weather conditions, technical issues, or other unforeseeable events, causing a Tour cancellation, Todd Tours is exempt from liability. The Tour Purchaser will not be liable for cancellation fees and will receive a full refund of paid amounts.
5. Tour Purchaser Details
5.1 Tour Purchaser Information Accuracy
The Tour Purchaser affirms the accuracy and authenticity of the details entered in the Todd Tours online booking form. These details serve to evaluate all Tour Passengers’ experience and capabilities. Additionally, these details might be relied upon in legal proceedings in case of injury, death, or other related incidents.
5.2 Tour Waiver
Both the Tour Purchaser and all passengers are required to complete the Todd Tours Waiver
6. Tours
6.1 Destination Flexibility
While Todd Tours strives to adhere to the predetermined destination, factors like weather conditions and traffic density might necessitate changes. Such alterations do not warrant refunds.
6.2 Operator's Destination Decision
The final determination of the chosen destination rests with Todd Tours.
6.3 Weather-Related Cancellations
If Todd Tours deems weather conditions unsafe, Tour cancellations or postponements may occur. All bookings will be rescheduled for another operational day. No refunds will be granted.
6.4 Departure Punctuality
The Tour Purchaser must be present at the pre-agreed tour departure location, at the designated tour departure time. Promptness is the Tour Purchaser's responsibility. If the Tour Purchaser or any other passenger misses the Tour’s departure time, no refund will be issued. Late arrivals after departure cannot be accommodated by Todd Tours.
6.5 Inclusive Duration
The duration of the Tour encompasses the time required from passenger pick up to passenger drop off.
6.6 Delay Disclaimers
Todd Tours is not accountable for delays arising from late passenger arrivals, traffic, or any uncontrollable external factors.
6.7 Tour Purchaser Extension
Extending the Tour duration during its’ course is subject to Todd Tours sole discretion. Any extension payment will be made through cash or direct bank deposit, following the terms outlined in clause (1.3).
6.8 Late Passenger Chargeback
Should a tour passenger miss the Tour commencement due to their lateness and subsequently challenge the credit card charge, Todd Tours reserves the right to levy an administration fee of $90 per hour, with a minimum of $360.
6.9 Mechanical Failure Contingency
If the Tour initiates but cannot be completed due to mechanical issues, the Tour Purchaser fee will be refunded on a pro-rata basis according to the hourly rate (Tour Purchaser cost divided by Tour Purchaser duration in hours) up to the point of mechanical failure. For driving tour mechanical failures, it is the responsibility of Todd Tours to cover any costs in replacing un-operable vehicles and ensuring that the Tour Purchaser and all passengers are returned to their tour departure location.
7. Conduct and Behaviour
Unruly or disruptive conduct, irrespective of the cause, will not be tolerated. Instances of behaviour beyond this policy's boundaries will lead Todd Tours to consider the following actions:
7.1 Termination of Tour
The Tour may be terminated by driving to the nearest public transport departure location where passengers will be asked to leave the vehicle. No refunds will be provided under these circumstances.
7.2 Involvement of Authorities
Todd Tours may involve the police to remove passengers who are causing disruptions. 7.3 Problem Resolution Efforts may be made to negotiate with the Tour Purchaser to find alternative ways to address the issue.
7.4 Early Termination Costs
Any expenses associated with prematurely ending the Tour due to disruptive or unruly behaviour will be borne by the Tour Purchaser. In cases where the Tour Purchaser owes outstanding amounts to Todd Tours, the conditions outlined in clause (1.3) shall be adhered to.
8. Garbage Disposal
8.1 Garbage while on Driving/Walking Tours
All garbage will be held in person by the Tour Purchaser or someone in the Tour Purchaser’s group until the end of the tour or appropriately disposed of during the tour. Garbage must be disposed of in designated local council garbage bins only.
9. Equipment Rentals
9.1 Rental Equipment Condition
Should the Tour Purchaser opt to rent equipment from Todd Tours, they commit to returning the rental items in proper working condition.
9.2 Hire Gear Documentation
The Tour Purchaser/hirer will be obligated to complete the hire gear document provided by Todd Tours upon pickup.
9.3 Identification and Consent
The Tour Purchaser/hirer must provide their driver's license or another acceptable form of ID and agree to its copy being made before collecting the rental gear.
9.4 Damage Responsibility
In the event of damage occurring during the rental period, the cost of repairing the rental equipment will be borne by the Tour Purchaser/hirer.
9.5 Compensation for Lost Equipment The Tour Purchaser agrees to compensate Todd Tours for any lost rental equipment.
9.6 Replacement Charges
The Tour Purchaser/hirer consents to Todd Tours charging the Tour Purchaser's/hirer's credit card without prior notice to cover the replacement cost of lost rental gear.
9.7 Similar Replacement Option
If the exact brand/model of the rental gear is unavailable for purchase, Todd Tours may select a similar product without advance notice.
9.8 Late Return Charges
Should the Tour Purchaser/hirer return the rental gear late, they agree for Todd Tours to charge their credit card the full daily rental rate for each day until the gear is returned.
9.9 Dispute Resolution
In cases of disagreements regarding additional charges for late returns, lost, or damaged hire gear, the Tour Purchaser/hirer agrees for Todd Tours to impose an administration fee of $90 per hour, with a minimum of 4 hours totalling $360 on their credit card.
9.10 Rental Booking Cancellations
If the Tour Purchaser/hirer cancels their booking 5-7 days from the booking date/time, Todd Tours can transfer the booked hire gear to another day. However, the gear must be utilised within 3 months from the original booking date.
9.11 Late Cancellation
If the Tour Purchaser/hirer cancels their booking within 2 days from the booking date/time, no transfer or refund will be provided.
10. Gift Certificates
10.1 Gift Certificate Validity
All gift certificates hold validity for a period of 12 months from the date of purchase.
10.2 Revalidation Option
Expired gift certificates can be revalidated for an additional 3-month period upon payment of a $25 fee.
11. Tour Purchaser's Acceptance
11.1 Tour Purchaser's Information Integrity
The Tour Purchaser affirms that the information provided during online booking is true and accurate. This information may be utilised by Todd Tours for Tour Purchaser assessment and might be relied upon in legal contexts if necessary.
12 Terms and Conditions Updates
Todd Tours retains the right to modify the terms and conditions without prior notice.
12.1 Reading and Agreement
The Tour Purchaser is accountable for reading the aforementioned terms and conditions along with the Release of Liability document associated with specific Tours before checking the agreement box. By checking the box, the Tour Purchaser acknowledges having comprehensively read, understood, and agreed to all the terms and conditions, as well as the Release of Liability document.
13. Gift Certificates
13.1 Gift Certificate Duration
All gift certificates remain valid for a period of 12 months starting from the date of purchase.
13.2 Gift Certificate Delivery Option
Upon request, the Tour Purchaser can have a gift certificate emailed. The certificate will be sent to the email provided during booking, along with any specified notes.
13.3 Gift Certificate Redemption
Gift certificates must be redeemed within the 12-month validity period. The value of the gift certificate must be utilised within this timeframe.
13.4 Redemption Procedure To redeem a gift certificate, the Tour Purchaser must either book online using the provided discount code (if applicable) or contact Todd Tours in writing. This contact should be made within 12 months from the purchase date. Failure to do so will invalidate the gift certificate unless alternative arrangements are made in writing with Todd Tours.
13.5 Non-Convertible Nature
Under no circumstances can Gift Certificates be converted into cash or refunded.
14. Terms and Conditions Updates
14.1 Todd Tours reserves the right to revise or modify their terms and conditions without prior notice.