Legal
Legal
We promise we are more fun in person than these Booking Terms and Conditions might suggest. But seriously, this stuff matters. Read on to keep your trip stress-free, and if you are unsure about anything, please let us know before you book.
Registered company name: Unearth Adventure Pty Ltd
Australian Business Number (ABN): 33 674 511 678
Registered address: 2/6 Jannie Court, Labrador, Queensland 4215, Australia
Governing Law
These booking conditions are governed by the laws of Queensland, Australia. In the event of any dispute arising from or related to these booking conditions, the parties agree to first attempt resolution through good-faith negotiation or, if necessary, mediation before resorting to litigation. Any unresolved disputes will be subject to the exclusive jurisdiction of the courts in Queensland.
Payment Structure
The payment schedule below applies based on the type of adventure you have booked. All amounts are in Australian Dollars.
| Adventure Type | Deposit | Second Payment | Final Payment |
|---|---|---|---|
| International Group Departures Borneo, Sri Lanka |
15% of total trip cost per person at time of booking (non-refundable) | None | Balance in full no later than 90 days prior to departure |
| Bespoke Australian Adventures Curated private itineraries |
25% of quoted trip cost at time of booking | 25% of quoted trip cost no later than 90 days prior to departure | 50% balance no later than 45 days prior to departure |
All payments must be made in Australian Dollars. Payment in another currency may be accepted with prior written approval; additional transfer or conversion fees may apply. Failure to make any payment by the due date may result in cancellation of your booking and forfeiture of your deposit.
If a booking is cancelled by you, and the cancellation is not due to non-payment or a breach of these Booking Terms and Conditions, the deposit amount will be retained by Unearth Adventure as a Lifetime Deposit, subject to the following terms:
By utilising a Lifetime Deposit, you retain flexibility for future bookings while agreeing to these Booking Terms and Conditions.
Please carefully review and ensure you fully understand these Booking Terms and Conditions before proceeding with your booking. We are here to answer any questions you have. Please do not hesitate to reach out to info@unearthadventure.com if you would like more information.
Clause 1
All bookings are made with Unearth Adventure Pty Ltd ("the Company", "we", "us", and "our") (ABN 33 674 511 678). By booking a trip with us you are deemed to have agreed to these Booking Terms and Conditions and you acknowledge a shared understanding of the standards and obligations necessary to facilitate a seamless and enjoyable travel experience. These terms also serve to safeguard the interests of all parties involved, promoting transparency and accountability throughout the booking and travel process. We strongly encourage you to review the content thoroughly to make informed decisions about your travel arrangements.
The purchase of any travel services offered by Unearth Adventure Pty Ltd constitutes a contractual agreement between you (the client) and us. By proceeding with your booking, you confirm your acceptance of the Booking Terms and Conditions outlined herein. Please ensure that you read and understand these Booking Terms and Conditions before finalising your booking.
Clause 2
A deposit (as outlined above) will be due at the time of booking to confirm your spot on one of our group departures. Please note that bookings are not confirmed, nor secure until we receive your deposit, and we reserve the right to release or cancel any bookings being held where this deposit has not been received by the due date. Payment of the deposit indicates you have read and accepted these Booking Terms and Conditions and that no legal relationship shall arise until payment has been received by us. Prior to booking any travel arrangements to reach your destination country, please wait for confirmation from us that the tour will proceed.
Any participant booking one of our group departures must be a minimum of 18 years old. Children must be travelling with a parent or legal guardian for a bespoke Australian adventure itinerary.
Clause 3
Subject to your rights under Australian Consumer Law, a deposit must be paid to secure your booking as outlined in the Payment Structure section above. The deposit is non-refundable upon receipt of payment unless we cancel your tour, in which case you may be approved to transfer your deposit to a Lifetime Deposit as described above.
Final payment must be made by the due date as detailed in the Payment Structure section and as per the amount quoted in your final invoice. If you fail to make any payment within the required timeframe, we reserve the right to treat your booking as cancelled and any deposit or instalment amounts already paid by you will be forfeited. Please note that in certain circumstances beyond our control, a higher deposit, an increased number of instalments, or an earlier payment schedule may be required. All other terms and conditions of this agreement remain in effect.
Clause 4
While we strive to avoid changes to tour costs and programmes, we reserve the right to make necessary adjustments. Actual tour costs may vary based on prevailing rates and tariffs at the time of payment. Therefore, costs are subject to change.
All tours require a minimum number of guests to operate at the advertised prices. If this minimum is not met, the tour may still proceed with a surcharge or itinerary alterations.
Refer to individual tour itineraries for specific inclusions and exclusions. Occasionally, itineraries may be modified to ensure smooth and successful tour operations. We will always make every effort to operate tours as advertised, but itinerary variations and delays may occur due to unforeseen circumstances beyond our control. These may include, but are not limited to: weather conditions, trail or park closures, road conditions, supplier changes, meal availability, fuel costs, transportation adjustments, driver regulations, and other factors necessary for safe and efficient tour operation.
While we will provide as much advance notice as possible for any itinerary changes, we reserve the right to communicate such changes during the tour. Flexibility is essential for the type of travel we offer. All itinerary-related decisions will be made by the trip lead appointed by us, with the best interests of the group in mind.
Please note that due to public holidays, changes in local operating hours, and supplier availability, some sights or activities may not be accessible on specific tours. No refunds will be issued for services not utilised by you once the tour has commenced.
Clause 5
If at any point you decide to cancel your booking with us, you must notify us in writing (via email) immediately. Cancellations are effective upon receipt of your written communication requesting cancellation. The following cancellation fees apply, calculated as a percentage of the refundable balance (i.e. the total trip cost excluding your non-refundable deposit):
Your 15% deposit is non-refundable in all circumstances. Cancellation fees on the remaining balance are as follows:
Your initial 25% deposit is non-refundable in all circumstances. Where a second instalment has been paid, cancellation fees on the remaining refundable balance are as follows:
No refunds will be provided for any unused portion of a tour once it has commenced, including but not limited to missed meals, sightseeing, or accommodation, regardless of the reason.
Clause 6
The following cancellation terms apply to cancellations initiated by us, with the exception of extraordinary or unavoidable circumstances (as outlined in Clauses 7 and 8). If Unearth Adventure cancels a tour for operational reasons, we will provide a full refund of the amount paid to us. However, Unearth Adventure is not responsible for any incidental expenses incurred by you as a result of your booking, including but not limited to visas, vaccinations, travel insurance excess, or non-refundable flights. To the extent permitted by applicable law:
Clause 7
In the event of a Force Majeure (including but not limited to acts of God, war, pandemic, government-imposed travel restrictions, or natural disasters), Unearth Adventure reserves the right to cancel or postpone the trip. In such cases, a credit note for the full value of the trip (less unrecoverable third-party costs) will be issued. Unearth Adventure shall not be liable for cash refunds where the cancellation is due to circumstances beyond our control.
Force majeure events include, but are not limited to:
Unearth Adventure will make reasonable efforts to provide an alternative experience of similar value in the event of modifications. Where we are able to recoup costs for trip components already paid for, we will endeavour to provide a refund or trip credit for those recouped amounts. Where these costs are not able to be recouped, the standard terms of our cancellation policy will apply. Force majeure events absolve Unearth Adventure from liability for any failure to perform contractual obligations arising from such circumstances.
In the event of a force majeure situation, Unearth Adventure reserves the right to:
A material modification is defined as one that has a significant impact on your tour and causes substantial inconvenience (e.g. a change of departure date, departure point, or airport).
Unearth Adventure acts only as an agent for the various independent suppliers that provide accommodation, transportation, and other services. We do not own or operate these entities and, therefore, cannot be held liable for any personal injury, property damage, or other loss caused by the acts or omissions of any such supplier.
We strongly recommend that all clients purchase comprehensive travel insurance that covers force majeure events, including trip cancellations, disruptions, and delays, to protect against unforeseen situations. By booking with Unearth Adventure, you acknowledge and accept the inherent risks associated with travel and agree to these terms regarding force majeure events.
Clause 8
If your tour is cancelled due to extraordinary or unavoidable circumstances (force majeure events), Unearth Adventure will provide you with a travel credit equal to the full amount you have paid. If cancellation occurs after the tour has commenced, we will offer you a pro-rata travel credit for the unused portion of the tour.
Travel credits are subject to the following terms and conditions:
This policy is valid until further notice and may be modified or withdrawn at Unearth Adventure's discretion. Additional restrictions may apply.
Clause 9
In the event of changes or cancellations to bookings due to any reason, including circumstances beyond your or our control, third-party travel service providers (e.g. accommodation providers, transport operators) may impose their own change or cancellation fees. These fees can range up to 100% of the booking value, regardless of whether travel has commenced.
If Unearth Adventure is still holding your payment for the affected booking, we will only process a refund upon receiving authorisation from the supplier and in accordance with their terms and conditions. Please ensure you review and understand the cancellation and amendment policies of all relevant suppliers before confirming your booking.
Clause 10
At Unearth Adventure, we strongly recommend consulting official government travel advisory websites before commencing your journey. For Australian travellers, the Australian government's Smartraveller website (www.smartraveller.gov.au) provides up-to-date information on travel safety, health risks, and entry and exit requirements.
For non-Australians travelling with us, we strongly encourage you to review your own country's travel advisory resources for information relevant to your country of origin. While we assess travel conditions using information from government sources and reports from our local contacts, it is ultimately your responsibility to familiarise yourself with all relevant travel information. By choosing to travel, you acknowledge that you are making an informed decision and assume all associated personal risks. Unearth Adventure, to the fullest extent permitted by law, accepts no liability for these risks.
Unearth Adventure is not liable for any loss or expenses incurred due to delays, failures, or inaccuracies in obtaining the requisite passport, visa, or other travel documentation.
Clause 11
To confirm your booking, you must provide all requested information to Unearth Adventure along with your relevant payment, as outlined in Clause 3. Failure to provide the necessary details for air tickets, permits, or other inclusions may result in additional costs, fees, or losses, including the inability to secure those services.
If you do not supply the required information, Unearth Adventure reserves the right to treat your booking, or any affected components of it, as cancelled and apply cancellation fees deemed reasonable at our sole discretion. The specific information required will vary depending on your tour and will be clearly communicated to you during the booking process. Unearth Adventure is not liable for any fees or issues arising from errors, omissions, inaccuracies, delays, or incomplete information provided by you.
Clause 12
Tour prices do not include international or domestic airfares unless explicitly stated in the tour description. When requested, Unearth Adventure will provide a quote for airfare based on the best available prices for your preferred travel dates at the time of inquiry. Please note that quotes are estimates only and do not represent a binding price commitment from Unearth Adventure or the applicable airline(s).
Unearth Adventure acts solely as a sales agent for the airline(s), and all air travel is subject to the airline's terms and conditions, including their conditions of carriage. Unearth Adventure is not responsible for changes to air itineraries, flight times, or cancellations made by the airline(s), nor do we provide notifications or updates regarding flight status or schedule changes. It is your responsibility to monitor your air travel arrangements.
Unearth Adventure will not be held financially liable for any trip components, activities, or services that you are unable to utilise due to delays, cancellations, or disruptions caused by flights. We recommend purchasing comprehensive travel insurance to cover potential disruptions and associated costs.
Clause 13
It is your responsibility to ensure you have a suitable level of fitness for the chosen itinerary. You must disclose any pre-existing medical conditions at the time of booking. Unearth Adventure reserves the right to refuse a booking or remove a participant from a tour (at their own expense) if their health or physical condition poses a risk to themselves or the group.
Clause 14
Travel insurance is mandatory for all participants. Your policy must cover personal accident, medical expenses, and emergency repatriation with a minimum coverage commensurate with the location and personal items you will be travelling with. You must provide proof of insurance prior to departure; failure to do so may result in cancellation of your booking without refund.
Clause 15
At Unearth Adventure, we act as agents in arranging your travel and accommodation. By confirming your booking with us, you expressly authorise us to make bookings and enter into contracts on your behalf with third-party suppliers. All bookings and arrangements are subject to the terms and conditions imposed by these suppliers. It is your responsibility to understand and comply with any terms or legal obligations arising from these arrangements.
If your tour does not materially comply with the description provided in the itinerary or on our website, we may compensate you up to the maximum value of the tour price. Compensation will only be provided where there has been a total failure of consideration for your payment. We will not be liable for failure in the performance or provision of your tour in the following circumstances:
Our liability is strictly limited in accordance with relevant international conventions, including but not limited to: the Carriage by Air Conventions (as defined in section 1(5) of the Carriage by Air Act 1961); the Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea; and the Convention of 1980 concerning International Carriage by Rail.
Neither Unearth Adventure nor any of our directors, officers, employees, agents, or related bodies corporate accept liability in contract, tort, or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense, or inconvenience caused directly or indirectly by the acts, omissions, or defaults of any of the aforementioned parties, or by any failure to comply with laws or regulations of the states or countries visited during the tour. This exclusion does not apply where such injury, damage, or loss is caused by our fraud, wilful misconduct, or negligence causing personal injury or death, to the extent that such liability cannot be lawfully excluded under applicable Australian law.
Clause 16
Where applicable laws, such as the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), imply warranties that cannot lawfully be excluded, our liability for breach of such warranties will be limited to one of the following: resupplying the services; or payment of the cost of having the services resupplied. Nothing in these terms is intended to exclude, restrict, or modify your rights under the Australian Consumer Law. By booking with Unearth Adventure, you acknowledge and accept these terms as a condition of participation in our tours.
Clause 17
You may not be permitted to begin or continue a tour if, in the reasonable opinion of an Unearth Adventure representative, your mental or physical condition renders you incapable of adequately caring for yourself, you pose a risk to yourself or others, your behaviour is disruptive or detrimental to the safety or enjoyment of others, or you engage in illegal activities during the tour.
If you are precluded from completing the tour for any of the above reasons, Unearth Adventure will not be responsible for any additional costs incurred or provide any refund for unused portions of the tour. We are under no obligation to arrange for your return to the tour's departure point or any other location. Airlines may also refuse to transport you if they consider you to be dangerous or disruptive.
You agree to indemnify Unearth Adventure in full and on demand for any and all losses (direct or indirect) resulting from claims, demands, or actions made against us by third parties due to injury, loss, damage, or destruction caused by your actions or negligence, or property damage claims related to your accommodation or tour activities.
Clause 18
All Unearth Adventure tours are accompanied by an experienced trip lead or escort, and local guides may assist with specific aspects of the tour. While our team is dedicated to supporting each traveller's welfare, we cannot guarantee the health, safety, or personal security of participants. You are responsible for exercising care for your own wellbeing and the wellbeing of others in the group at all times.
Travel inherently involves risks, and Unearth Adventure itineraries often include destinations where accommodation, transport, safety conditions, medical facilities, and general comfort may differ significantly from what is expected in more developed regions. You acknowledge that certain activities, such as walking in natural settings, may carry additional dangers including physical exertion, unpredictable weather, hazards from local flora and fauna, risk of illness or disease, limited access to medical facilities, and limited phone or internet reception.
By booking with Unearth Adventure, you acknowledge and accept the inherent risks of participating in our tours. These risks may include, without limitation, physical injury or death, psychological trauma, illness or disease, loss or damage to personal property, and delays, inconvenience, or discomfort. You assume full responsibility for these risks and release Unearth Adventure, their agents, servants, employees, shareholders, officers, directors, attorneys, and contractors from any and all losses, costs, damages, expenses, claims, or actions arising from them, except where such loss or damage is caused by our gross negligence or wilful misconduct.
Clause 19
All travellers participating in Unearth Adventure tours are required to adhere to our Responsible Tourism Operations policy throughout their journey. By joining our tours, you agree to and acknowledge the following:
Non-compliance with these terms may result in exclusion from certain activities or tours, or other remedial actions deemed necessary by Unearth Adventure to ensure the safety of wildlife and the integrity of our operations.
Clause 20
Unearth Adventure enforces a strict no-smoking and no-vaping policy on all private transport used during our tours. Frequent stops are scheduled to allow for breaks, during which smoking or vaping may be permitted in designated areas where local regulations allow. Most accommodations we partner with also maintain a non-smoking and no-vaping policy.
Smoking and vaping regulations in destination countries may differ from those in your home country. While we encourage all guests to respect the comfort and wellbeing of fellow travellers, there may be instances where members of the public smoke or vape in settings that do not align with the expectations of your country of origin. We appreciate your understanding in adapting to local customs and conditions during your journey.
Clause 21
For your safety, it is mandatory that you wear a seatbelt at all times while travelling in any vehicle provided as part of your tour. Neither Unearth Adventure nor any local transport operator will be liable for any injury, death, or claim arising from an accident if you have failed to adhere to this requirement. Your compliance is essential for your protection and the safety of others.
Clause 22
Weight restrictions apply to both flights and ground transportation. You are permitted one piece of standard-sized checked baggage. Specific size and weight limitations will be provided in your pre-departure information. For day-to-day activities, we recommend bringing a small daypack to carry essentials during walks, boat rides, jeep safaris, and other outings.
To assist with overland travel, we strongly encourage the use of flexible luggage such as backpacks, duffel bags, or rucksacks instead of traditional hard-shell suitcases, as this makes handling and storage easier. A detailed packing list tailored to your tour will be provided in your pre-departure materials.
Clause 23
At Unearth Adventure, we are dedicated to maintaining our reputation for delivering high-quality travel experiences. We highly value customer feedback and view complaints as opportunities to improve our products, services, and overall customer experience.
If you encounter any problems during your tour, we encourage you to notify your trip lead immediately so that we can address them promptly. Please note that Unearth Adventure cannot accept liability for complaints raised after the completion of your tour if they were not reported during your trip. Should you feel that your concerns were not adequately resolved, please submit a formal written complaint to Unearth Adventure within 30 days of the conclusion of your tour at info@unearthadventure.com.
Clause 24
At Unearth Adventure, safeguarding your personal information is a priority. We handle your data in accordance with our Privacy Policy, which is available on our website. To ensure seamless travel arrangements and facilitate your booking, we may share relevant personal information with suppliers involved in your itinerary, such as accommodation providers and transport operators. We may also be required to share your personal details with public authorities, including customs or immigration, in compliance with legal or regulatory obligations.
Clause 25
You consent to Unearth Adventure using images or video taken of you during the tour for promotional purposes, subject to the terms outlined in our Privacy Policy. If you do not wish to be photographed or filmed, you must notify your trip lead at the start of the trip and confirm this in writing to info@unearthadventure.com prior to the commencement of your tour. We will not use images that are deemed private or sensitive in nature.