All dealings with The Rocks Walking Tours will be on these Terms and Conditions (Terms) unless otherwise agreed in writing with The Rocks Walking Tours.
1. The Rocks Walking Tours
The Company reserves the right to cancel or vary this service in any way without notice. However, reasonable effort will be made to maintain arrangements as advertised.
2. Requirements to participate in The Rocks Walking Tours
(a) All Participants on the tour must hold a valid ticket, gift voucher or confirmation letter. Entry may be refused if tickets or vouchers are damaged or defaced in any way or not purchased from an authorised point of sale. Verbal promises by booking agents or clerks will not be recognised.
(b) All Participants will be required to disclose, to The Rocks Walking Tours guide prior to the commencement of the service, whether the participant suffers from any medical condition which may prevent the participant undertaking the tour, including, but not limited to, epilepsy, dizziness, limb or back injury, angina or other heart condition, severe or uncontrolled asthma, visual impairment, depression or recovering from recent surgery.
(c) All Participants acknowledge and agree that they participate in the service at their own risk.
3. The Company’s ability to refuse participation
The Company reserves the right to refuse any person, for whatever reason, participation in the service, in its absolute discretion, whether or not they have previously purchased a ticket. A person will be reimbursed for tickets previously purchased should they be refused permission to participate on grounds other than those set out above.
4. During The Rocks Walking Tour
(a) All Participants must obey the directions and instructions of the Company’s guide, must not disturb other Participants or interfere with the Company guide’s ability to conduct the service in a safe manner.
(b) Participants are not to record in any manner or take notes throughout the duration of the tour, as the information imparted on the tour is the intellectual property of the Company.
5. Miscellaneous Terms
(a) All Participants acknowledge and agree that the Company is expressly authorised to take photographs of Participants during the tour and utilise such photographs for the purpose of advertising The Rocks Walking Tours including but not limited to being displayed on The Rocks Walking Tours website.
(b) Photographs remain copyright to the Company and may only be used or reproduced by Participants for private or domestic purposes and must not be used for any commercial purpose, including promotion of any supplier or any supplier's products or services, without the Company’s prior written permission.
6. Terms of payment
(a) The Company’s tickets are non-refundable (subject to Term 7(a) below) or transferable and remain the property of the Company until such time as it is surrendered to the Company’s guide or officer.
(b) The Company’s tickets must not be offered for sale or resale, or resold or used for any commercial purpose, including without limitation promotion of any supplier or any supplier's products or services, without the Company’s prior written permission.
(c) Bookings can only be changed up to 24 hours prior to the original tour date, and changed only by time or date to another available time or date, and not reduction in number of Participants. The Company reserves the right to charge a booking fee on the purchase of tickets and an administration fee should tickets purchased be changed to another date or time.
(d) The Company must be paid for at the time of booking unless otherwise agreed by The Rocks Walking Tours in advance.
7. Cancellation and Refunds
(a) Bookings can only be cancelled by the Participant by giving written notice to the Company at least 24 hours before the original tour date.
(b) The Company will not proceed should the Company decide that the weather makes the participation in the tour unsafe, or for any other reason, at the absolute discretion of the Company.
(c) Should the Company not proceed then Participants will either be re-booked at the earliest possible time at the convenience of the Participants taking into account available places, or be issued with a refund voucher in the case of purchases bought through an agent, or be reimbursed the price paid for the ticket. The relevant party who has sold the ticket to the Participant will make all reimbursements.
(d) There will be no refund of a ticket by the Company except in accordance with these terms or as agreed in writing by the Company. Refunds will only be made to the person who purchased the ticket from the Company.
8. The Company’s Liability
(a) Participants (a) To the extent permitted by law, the Company excludes liability and will not be responsible for any loss, damage or injury arising from or connected with the tour, no matter how that loss, damage or injury is caused. In particular, the Company will not be responsible for loss or damage arising from a Participant's failure to obey the Company guides’ instructions or from any pre-existing medical or psychological condition. Further, but only to the extent permitted by law, the Company will not be responsible for loss or damage arising from any negligent act or omission of the Company or any person for whom the Company is responsible. Certain laws imply non-excludable conditions and warranties. This provision does not exclude those conditions and warranties but limits the Company’s liability in relation to these to provision of services provided by the Company again, or refund of the cost of those services.
(b) The Company is also not liable for any loss, damage or inconvenience arising from or incidental to any delay in the scheduled tour taking place.
Where an agent on behalf of the Company enters into a sale, booking or any other transaction then that agent shall indemnify the Company for any loss, damage or expense incurred by the Company as a result of any misrepresentation, breach of contract or act of negligence by the agent.
10. Gift Vouchers
Terms applicable to the sale of Gift Vouchers are as follows:
(a) Gift Vouchers are non-refundable but transferable. Gift Vouchers must not be resold or used for any commercial purpose, including promotion of any supplier or any supplier's products or services, without the Company’s prior written permission.
(b) A Gift Voucher must be redeemed within 12 months from date of purchase and the tour must take place within the 12 months.
11. Governing Law
These Terms are governed by the laws of New South Wales, Australia. The Company and each Participant submit to the non-exclusive jurisdiction of the Courts of New South Wales in respect of these Terms and any dispute between them.
12. Terms within these Conditions
In these conditions, the “COMPANY” means The Rocks Walking Tours its servants and agents and the “PARTICIPANT/S” means the person or persons to whom this ticket is issued or in the event of a group the person and persons in that group.