Please read this information. If you have any queries please call our Customer Service Team who will be pleased to assist:  P: 03 9639 6057  E: travelonline@friendlygroup.com.au

Terms and Conditions

These terms and conditions apply to any bookings made through the website of The Friendly Backpacker (Travel) Pty Ltd (“The Friendly Backpacker”) at http://www.friendlygroup.com.au (“Website”) for any tours or activities provided by third parties which are promoted on the Website (“Activities”). These terms and conditions apply to any booking made through the Website for any Activity whether or not the participant in the Activity is the original purchaser of the Activity. You acknowledge and agree that purchase of an Activity through the Website constitutes acceptance by you, or by you on behalf of the participant in the Activity, of these terms and conditions.

The Friendly Backpacker is Agent of the Activity Suppliers

The third parties who supply the Activities (“Activity Suppliers”) have appointed The Friendly Backpacker as their authorised agent for the sole purpose of advertising and promoting the Activities and co-ordinating and managing online bookings and payments for the Activities through the Website. Any representation made about an Activity is the responsibility of the relevant Activity Supplier and the Friendly Backpacker makes no warranty or representation regarding the standard of service of any Activity Supplier, the availability of any Activity, or the accuracy or reliability of any information provided by any Activity Supplier. Once you have booked and paid for an Activity through the Website, The Friendly Backpacker will provide you with the Activity Supplier’s contact details. You should immediately contact the Activity Supplier and obtain a copy of their terms and conditions for supply of the Activity to you (“Activity Supplier Agreement”). Your participation in an Activity is conditional upon your acceptance of the terms of the Activity Supplier Agreement.

Prices and Charges

Prices for an Activity are per person unless otherwise specified. Any booking made by you through the Website shall be deemed an offer by you to purchase the relevant Activity subject to these terms and conditions. Prices are set by the Activity Supplier and The Friendly Backpacker reserves the right to change the prices for an Activity without notice in accordance with any changes to the prices made by the Activity Supplier. All prices are inclusive of GST (being any goods and services tax or tax of a like nature) of an amount of ten percent or such other amount in accordance with the legislation by which the GST is imposed.

Availability, Changes, Cancellations by Activity Supplier

The Friendly Backpacker does not guarantee the availability of any of the Activities promoted on the Website. In the event that an Activity becomes unavailable on the advertised date or the Activity needs to be cancelled for any reason apart from weather, you will be notified directly by the Activity Supplier which will make all reasonable attempts to reschedule your participation in the Activity for another date. In the event that there any changes to any element of the Activity subsequent to payment by you for the Activity through the Website, the Activity Supplier will immediately notify you of any such changes. Any refunds or rescheduling will be in accordance with the Activity Supplier Agreement.

Accuracy of Information

The details for all Activities advertised on the Website are based on information provided to The Friendly Backpacker by the Activity Suppliers. The Friendly Backpacker uses all reasonable endeavours to ensure that information on the Website about the Activities is accurate and up to date however the content or format of an Activity may change and information on the Website about any Activity is subject to change at any time without notice. You should ask the Activity Supplier to provide you with the final, confirmed details for an Activity.

Cancellation by You

If after payment for an Activity through the Website you are unable to participate in the Activity on its scheduled date and time you should immediately contact the Activity Supplier. The Friendly Backpacker is not responsible for any refund or exchange should you be unable to attend an Activity on its scheduled date and time. Any no show, cancellation or refund claims by you in relation to an Activity which you have paid for through the Website will be in accordance with the Activity Supplier’s policies and the Activity Supplier Agreement which you should obtain directly from the Activity Supplier. Any cancellation by you will incur a minimum fee of twenty per cent (20%) of the fee for the Activity.

Weather

An Activity may be weather dependent. You should check directly with the Activity Supplier on the day or ahead of the scheduled day of the Activity, to see if the Activity will be affected by inclement weather. In the event that the Activity Supplier cancels an Activity due to inclement weather, the Activity will either be re-booked at no cost to you or you will be reimbursed for the cost of the Activity, in accordance with the Activity Supplier Agreement. In the event that you cannot attend a rescheduled date for the Activity you are entitled to a refund of eighty per cent (80%) of the cost of the Activity (excluding the customer booking fee) to be paid to you by the Activity Supplier in accordance with the Activity Supplier Agreement.

Duration, Restrictions

The duration of an Activity as noted on the Website is only an approximate guide as to the total time you will be hosted by an Activity Supplier. You must arrange pick up times and points and a final itinerary directly with the Activity Supplier. An Activity may be subject to minimum age, health or other requirements. Details of an Activity Supplier’s requirements will be set out on the Website and in the Activity Supplier Agreement. Please read these requirements carefully.

Insurance

An Activity may be potentially dangerous. Please contact The Friendly Backpacker for further information prior to payment for an Activity if you have any queries or doubts about any Activity. You are responsible for making your own independent enquiries with the Activity Supplier and other parties as to the nature, level and adequacy of the Activity Supplier’s insurance and whether you should acquire your own insurance cover for participation in an Activity.

Complaints

Any complaints about the service provided by an Activity Supplier should be raised by you and addressed directly with the Activity Supplier at the earliest opportunity. Please note that The Friendly Backpacker will accept complaints about an Activity Supplier for information purposes only.

Links to Third Party Sites

The Friendly Group may link the Website to other sites that are owned or operated by the Activity Suppliers. You agree that your use of such third party sites is at your own risk and you acknowledge that The Friendly Backpacker has no control over and does not assume any responsibility for the content, opinions, information, data or materials available on such third party sites. A link to a third-party site does not imply that The Friendly Backpacker endorses the site or the products or services referenced in such third party site.

Text, Images

The images, text and other content and materials on the Website (“Materials”) are protected by Australian copyright and other international laws. You may not reproduce, modify, distribute or store any part of the Materials without the prior written permission of The Friendly Backpacker. All rights in the Materials are reserved and remain vested in The Friendly Backpacker and/or any other third party. Please note that any images including photographs relating to an Activity on the Website have been provided to The Friendly Backpacker by the relevant Activity Supplier as an indication only of the nature of the Activity and that the specific elements of an Activity, including the machines, vehicles, craft, animals and specific locales, may vary.

As Is

You acknowledge and agree that The Friendly Backpacker is providing the Website and the online booking service for the Activities to you on an “as is” and “as available” basis and that The Friendly Backpacker does not warrant that the Website will be uninterrupted or error-free. The Friendly Backpacker may modify or withdraw access to the Website and the online booking service at any time and you agree that The Friendly Backpacker shall not be liable to you or to any third party for any changes to, suspension or discontinuation of the Website and/or the online booking service.

Limitation of Liability

To the greatest extent permitted under applicable laws, The Friendly Backpacker shall not be liable for any act, omission or default, whether negligent or otherwise, of any Activity Supplier; or for any loss or damage occasioned by you as a result of any act of omission of any Activity Supplier or other third party; or for any loss or damage sustained by you as a result of any inaccuracies or omissions in any information included on the Website; or for any loss or damage occasioned by you as a result of any use by you of any information or services on the Website. To the extent permitted by law, The Friendly Backpacker shall not be liable for any claim whether in contract, tort, negligence or otherwise including as a result of any errors or omissions in the information included on the Website; any interruption to, failure of operation or transmission of the Website; any computer virus or unauthorized access to the Website; any alteration to the Website; or any inability to access the Website and utilise the online booking service for the Activities. To the greatest extent permitted under applicable laws, where The Friendly Backpacker’s liability to you cannot be excluded, The Friendly Backpacker’s liability to you shall be limited to the cost of the Activity purchased by you.

Indemnity

You agree to release and hold The Friendly Backpacker and its employees, officers, directors, shareholders, representatives and affiliates harmless from and against all losses, damages, costs and claims suffered or incurred due to or arising out of any breach by you of these terms and conditions or any other act or omission by you.

Disputes

In the event of any dispute or litigation arising in connection with any access to or use of the Website, the online booking service or the Activities, neither party shall dispute the admissibility as evidence or challenge the validity of these terms and conditions.

Governing Law

Your access to and use of the Website and the Website’s online booking service for the Activities, and any disputes or claims arising under or in connection with the Website, the Website’s online booking service and/or the Activities, shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the parties submit irrevocably to the exclusive jurisdiction of the courts of that State.