“You” and “your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Sal Salis” means Journey Beyond Ningaloo Pty Ltd (ACN 630 465 182).
A booking is confirmed (and a contract between you and us comes into effect) when:
We reserve the right to decline a Booking at our discretion. If we decline your Booking and you have made any payments to us on account of that request, then we will promptly refund amounts received by us.
Our services are limited to: (a) the arrangement and coordination of the Experience; and (b) the delivery of Experience Services which we directly control, operate or own.
For any Additional Services you book through us, we act as booking agent for the Additional Services Principal only. The services we provide to you are limited to arranging for you to contract with the Additional Services Principal for the supply of the Additional Services.
Prices stated are in Australian Dollars ($AUD), are inclusive of GST and are subject to change prior to you making a Booking. Prices are per person. Your Booking Confirmation will confirm your Price. The price for any Additional Services will be itemised separately.
If you book any Additional Services through us, you acknowledge that we will not confirm these Additional Services until we receive payment of your Deposit. If the price for any Additional Services increases prior to us receiving your Deposit, then you must pay the increased price otherwise we will not confirm the Additional Services and we will refund you that part of the Deposit attributable to those Additional Services.
International and domestic airfares and airport/hotel transfers are not included in an Experience unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included and are your responsibility. If we incur any of these costs on your behalf, then you agree to reimburse us for them on demand.
4. PAYMENT, AMENDMENTS & CANCELLATION BY YOU
The table below outlines the following dependent on the Fare Class you have booked: (a) when you are required to pay your Deposit and Final Payment; (b) terms on which you may request amendments: and (c) cancellation fees payable if you give notice or are deemed to have cancelled your booking.
Payments by debit or credit card are subject to a surcharge equal to the costs we incur to process the payment. If you fail to make payment of the Final Payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.
Cancellations and requests to amend the dates of travel must be made by contacting us. If you have booked through a travel agent, please contact them to make the request. You acknowledge that you have been given the option to book a Fully Flexible Fare which is fully refundable if you give notice to cancel at least 24 hours prior to commencement of your Experience, and that cancellation fees of up to 100% of the Price are payable if you book any other Fare Class.
Amendment requests are subject to availability. If an alternative date within 12 months of the original commencement date is unavailable or unsuitable for you and you notify us that you cannot travel on the original dates for your Experience then you will be deemed to have cancelled your booking and cancellation fees may apply depending on your Fare Class.
If we are able to confirm a request to amend the dates of travel for your Experience, then other than with respect to the Fully Flexible Fare Class: (a) you are not permitted to make further amendments; and (b) cancellation of the amended Experience will be subject to cancellation fees of 100% of the Price irrespective of when notice to cancel is received. For the avoidance of doubt, multiple amendments are permitted for the Fully Flexible Fare Class.
|FULLY FLEXIBLE FARE||EVERYDAY FARE||ADVANCE PURCHASE||GROUPS & INCLUSIVE USE (5+ TENTS)|
|DEPOSIT||100% of Price due upon Booking||25% of Price due upon Booking. Deposit value is 100% of the Price for bookings made within 45 days of commencement of the Experience||100% of Price due upon Booking||25% of Price due upon Booking. Deposit value is 100% of the Price for bookings made within 90 days of commencement of the Experience|
|FINAL PAYMENT||N/A||Due 100 days prior to commencement of the Experience||N/A||Due 90 days prior to commencement of the Experience|
|GUEST AMENDMENTS*||Amendment requests permitted up to 24 hours prior to commencement of the Experience.||Amendment requests permitted up to 45 days prior to commencement of the Experience.||Amendments are not permitted||Amendment requests permitted up to 90 days prior to commencement of the Experience.|
|GUEST CANCELLATIONS||Price is fully refundable for cancellations received at least 24 hours prior to commencement of the Experience.||– Cancellations received more than 45 days prior to commencement of the Experience: cancellation fee is 25% of the Price
– Cancellations received 45 days or less prior to commencement of the Experience: cancellation fee is 100% of the Price
|– Cancellations are subject to a cancellation fee equal to 100% of the Price||– Cancellations received more than 90 days prior to commencement of the Experience: cancellation fee is 25% of the Price
– Cancellations received 90 days or less prior to commencement of the Experience: cancellation fee is 100% of the Price
* Amendments are subject to (a) the Price for the amended date; and (b) any amendment or cancellation fees charged by Independent Suppliers (for example hotels or attractions). Any Price difference and/or fees charged by Independent Suppliers must be paid by you prior to us confirming amended travel dates for your Experience.
5. CANCELLATIONS BY US
If we cancel your Experience for reasons other than Force Majeure (see below), you will be offered (at your election) a refund of the Price received by us, the offer of an alternative Experience of comparable quality if appropriate or a Credit Note of all funds received.
To the fullest extent permitted by law, we will not be responsible for any other loss or costs you incur (for example, airfares not included in your Experience, insurance and visa expenses) if your Experience or particular Experience Services are cancelled for any reason.
6. AMENDMENTS BY US
Prior to travel
We may occasionally need to make amendments or modifications to the itinerary of your Experience and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your Experience’s itinerary or its inclusions that materially detract from the overall characteristics or value of the Experience (where we determine it can still proceed), then we will notify you within a reasonable time and you may elect to:
If you do not contact us to make an election within 7 days of us notifying you of the significant change (or within a reasonable shorter timeframe where the change is notified nearer to your Experience’s commencement), then you will be deemed to have elected to proceed with the Experience.
You acknowledge that the itinerary and/or the Experience’s inclusions may need to change during your Experience due to local circumstances beyond our reasonable control, including but not limited poor weather, cultural considerations and/or vehicle breakdowns. In these circumstances we will endeavour to make suitable alternative arrangements.
To the fullest extent permitted by law:
7. FORCE MAJEURE
Prior to travel
If: (a) in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your Experience cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or (b) you give us notice no more than 14 days prior to commencement of your Experience that you cannot reasonably participate in it due to Government Restrictions then we may:
If we cancel your Experience, neither of us will have any claim for damages against the other. However, we will issue you with a Credit Note equal to the Price received by us. Please note that our ability to issue you with a Credit Note may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits. In such circumstances we may instead pay you a cash refund of the Price received by us less: (a) unrecoverable third-party costs and other expenses that remain payable by us for your Experience Services; (b) overhead charges incurred by us relative to the Price; and (c) fair compensation for work undertaken by us in relation to the Experience until the time of cancellation.
If we cancel Experience Services due to Force Majeure during your Experience, we will provide you at your election with either a refund of recovered third party costs plus any third party costs we don’t incur for the cancelled Experience Services or a Credit Note of the same value.
If we provide you with any alternative services or assistance where Experience Services are cancelled due to Force Majeure which you accept, then you agree that any amount to be refunded to you will be reduced by the value of these services and that assistance.
To the fullest extent permitted by law, our liability to you for cancellations due to Force Majeure is limited to your rights under this clause.
8. PRIOR TO YOUR EXPERIENCE
It is strongly encouraged that you are adequately insured for the duration of your Experience. We recommend comprehensive travel insurance to cover cancellation, medical requirements, medical evacuation, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your Deposit. This is because cancellation fees may be payable from that time.
Passports, Visas & Vaccinations
If you are not an Australian citizen it is your responsibility to ensure you hold a valid passport with sufficient validity and any required visas for your Experience. It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the Experience.
Health & Fitness
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the Experience. You must complete our Fitness to Travel Form (which we will provide to you) within a reasonable time after we issue your Booking Confirmation and in any event prior to travel. We may cancel your Booking without any right of refund if you fail to complete the Fitness to Travel Form within a reasonable time after we have reminded you to do so.
Some activities require walking on tracks that have sections of steep, uneven, rocky ground and may be slippery. Temperatures may be extreme. If you require special assistance, you must be accompanied by a person who is able to provide such assistance.
Our personnel will be pleased to provide general assistance throughout your Experience. However our personnel are unable to meet the needs of guests requiring special assistance such as regular medical attention or personal and are not able to act as carers. If you require special assistance, you must be accompanied by a person who is able to provide such assistance.
If you have doubts about your ability to undertake the Experience, please contact us to discuss your circumstances prior to making a Booking.
Existing Medical Conditions
If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention or special assistance, or which may materially affect the usual conduct of the Experience, then you must advise us prior to or at the time you make your Booking.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your Booking, we will provide you with a full refund of payments received by us.
If you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you and cancellation fees will apply.
New Medical Conditions
You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention or special assistance, or which may materially affect the usual conduct of the Experience.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, or if you fail to provide a medical assessment within a reasonable time or our request, then this will be considered a cancellation by you and cancellation fees will apply.
If you have any illness, injury, disease or other medical condition which makes travel unsafe for you, other guests or our employees, we may refuse to confirm your Booking or to permit you to commence the Experience, and we may remove you from the Experience, without any liability on our part and without an obligation to provide you with a refund.
Special dietary requests are required to be notified to us within 7 days after we issue your Booking Confirmation. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens other than in circumstances where we have been negligent.
Risk Acceptances & Waivers
You acknowledge that your Experience may expose you to inherent personal risks which may be greater than those present in your everyday life. This could be because of the adventurous nature of the Experience, travelling through and visiting remote destinations, and interactions with wildlife. You travel on the basis that you accept these inherent risks and that to the fullest extent permitted by law we will not be responsible for any personal injury or death resulting form the materialisation of an inherent risk.
Your Experience may include participation in dangerous recreational activities. You acknowledge that the Civil Liability Act 2002 (WA) may exclude our liability to you for any harm suffered by you while engaged in a dangerous recreational activity. It may also limit our duty of care to you regarding risks associated with a recreational activity if we give you a warning about the risk.
You acknowledge and agree that your participation in certain activities may be subject to you agreeing to a form of risk acceptance and waiver of liability for participation in the activity. Independent Suppliers or Additional Services Principals may also require you to agree to such forms.
9. DURING YOUR EXPERIENCE
If you have booked a transfer to Sal Salis by air through us, you acknowledge that the air transfer is an Additional Service and our responsibility is limited to arranging for you to receive the transfer directly from the Additional Service Principal.
Please note that for transfers by air your personal weight must not exceed 120kg. You acknowledge that you will be weighed at check-in and if your personal weight exceeds 120kg you will not be permitted to board and you will be subject to the Additional Service Principal’s cancellation terms. In this circumstance you are required to arrange ground transportation to Sal Salis at your cost and you will not be entitled to any refund from us.
The maximum weight of your luggage for air transfers must not exceed 15kg. This luggage limitation applies to air transfers only.
You must not bring with you any goods or objects of a flammable or dangerous nature including: (i) firearms, knives, weapons or sharp objects; (ii) alcohol or illegal drugs of any kind; (iii) items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides); (iv) items prohibited by law; (v) drones; or (vi) animals (with the exception of guide/assistance dogs).
If we have reasonable cause to believe that you are carrying a prohibited item, an authorised representative of us may, subject to applicable laws, search or inspect you and your luggage. We have the right to detain, confiscate or destroy without incurring any liability to you or any other person any items carried by you which we, acting reasonably, consider dangerous or which pose a risk or inconvenience to the security of property or other persons.
You acknowledge that Sal Salis is located in remote area which is a considerable distance from hospitals, medical centres or other forms of medical facilities.
You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our personnel providing you with first aid on the basis that: (a) our personnel are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. This may include attendance or evacuation by the Royal Flying Doctor Service or a similar service. You agree to reimburse us for any costs we incur in seeking medical treatment on your behalf.
You must follow the reasonable directions of our (and our suppliers’) personnel. If you act in a manner that threatens the safety of yourself or others (including our (or our suppliers’) personnel, other guests on the Experience, or third parties) or significantly disrupts their enjoyment, our representatives may, acting reasonably, require that you leave the Experience. You will not be entitled to any refund for unused Experience Services and you will be responsible for any additional costs you incur.
Sal Salis is a smokefree property. You must not smoke in any area of the Sal Salis property. Smoking is permitted on he beach.
Where a vehicle, vessel or aircraft is equipped with seatbelts, you must always wear your seatbelt when onboard. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle, vessel or aircraft you are travelling on as part of the Experience will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death.
10. UNUSED & DENIED SERVICES
No refunds will be made for of any Experience Services not utilised, whether by choice or because of late arrival or early departure. This includes the failure of commercial transport service to operate according to schedule, which we disclaim responsibility for. This does not apply if the reason for your late arrival or early departure was due to our negligence.
Experience Services supplied by us
To the extent only that we are the principal supplier to you of Experience Services which we directly control, operate or own then we will provide those Experience Services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the Experience Services, or due to an event of Force Majeure.
Services supplied by Independent Suppliers
Where an Independent Supplier is the supplier of Experience Services, you acknowledge that our obligations to you are limited to taking reasonable care to select a reputable Independent Supplier and arranging for them to provide those Experience Services to you. Independent Suppliers over whom we may not have direct control could include hoteliers, independent transport companies (i.e., vehicles not operated by us), excursion operators, venue operators and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.
If we supply any Recreational Services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. This exclusion does not apply to significant personal injury caused by our reckless conduct.
You agree that our responsibility to you for any Additional Services is limited to arranging for you to contract with the Additional Services Principal. You agree that you will be subject to the Additional Services Principal’s own booking conditions. Any claim in connection with the supply (or failure to supply) those Additional Services must be made directly against the Additional Services Principal. We will in no way be responsible for the actions, omissions or negligence of the Additional Services Principal or any person engaged by them to deliver the Additional Services.
General liability limitation
We cannot guarantee any schedule. As a result, you should allow ample time for connections. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
Australian Consumer Law and corresponding legislation in State and Territory jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the Experience Services to be resupplied or payment of the cost of the Price.
In the event of a problem with any aspect of your Experience Services you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.
If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your Experience. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant).
If you fail to follow this procedure, this may limit your rights to make a claim.
13. DEEMED ACCEPTANCE
If you place a booking on behalf of another party, you represent and promise to us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur but would not have incurred had this been the case.
14. IMAGE RELEASE
We and our suppliers may take photographs or make recordings of you and your activities that identify you during the Experience. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as prior to the commencement of your Experience.
The contract between us and you is governed by the laws of the Western Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Western Australia.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
If these Booking Conditions are published in a brochure, you acknowledge that information within the brochure is correct at the time of publication. However, some details may change including, but not limited to Prices, Experience Services and the associated itinerary.
We reserve the right to modify these Booking Conditions at any time without prior notice. We will publish amended Booking Conditions on our website (www.salsalis.com.au). The amended Booking Conditions will be effective upon publication. The Booking Conditions that govern the contract between you and us are those Booking Conditions in effect at the time you make a Booking.
You may check Experience information, including Pricing, Experience Services and the associated itinerary, prior to making a Booking by calling us on 08 9949 1776.
You acknowledge that photos we publish are representative of the Experience but may not reflect that exact experience.
These Booking Conditions are effective and apply to all Bookings made from 15 November 2023.
Additional Services means any services which are not included in the Experience (or not otherwise sold by us as principal supplier) but which you book through us such as pre and post Experience accommodation, flights, car hire and excursions.
Additional Services Principal means the principal supplier of the Additional Services.
Booking means a request from you to book an Experience and any Additional Services.
Booking Confirmation means a document issued by us to confirm acceptance of your Booking subject to these Booking Conditions.
Credit Note means a credit note issued by us redeemable within 24 months after issue against any services offered by us. Credit notes are not transferrable and not redeemable for cash. Redemptions will be subject to the booking conditions applicable to those services in effect at the time of redemption. Refunds will not be made for services cancelled by you after redemption.
Deposit means the deposit required to be paid by you to confirm your Booking as determined according to the table at clause 4 or as otherwise specified in a Booking Confirmation.
Experience means an experience at the Sal Salis property comprising the Experience Services.
Experience Services means the travel arrangements and incidental services included in your Experience which may include, accommodation, food and beverage, transfers, activities, excursions and guides.
Fare Class means the fare class applicable to your Booking.
Force Majeure means an unforeseeable event or events beyond the control of the parties and which the parties could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
Fully Flexible Fare means a fare type with price, payment, amendment and cancellation terms as specified in the table at clause 4.
Government Restrictions means any of the things specified in part (d) of the definition of Force Majeure.
Independent Suppliers means any suppliers of Experience Services which we do not directly control, operate or own.
Price means the price for your Experience.
Recreational Services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.