Terms & conditions
In making a booking, you are agreeing to our terms and conditions and are acknowledging and accepting risk for the activity you, or those you are representing or responsible for, are booked in to undertake. Please read the following carefully.
"You" indicates the person/s or parties booked onto one of our experiences. The individual making the booking, assumes responsibility and therefore acknowledges and consents to our terms & conditions on behalf of the group or party. "We" or 'Us" indicates Branch Out Adventures or Explorer Club or School Holiday Adventures.
It is a condition of booking that our 'Risk Acknowledgement and Release of Liability" form is completed by each individual and is signed and returned to Branch Out Adventures.
Branch Out Adventures reserves the right to amend or cancel dates of experiences or course if our minimum attendance numbers are not met. If this occurs, we will offer an alternative date and if this is not acceptable a full refund will be paid.
Globally, weather is becoming more erratic and unpredictable and we cannot be held responsible for any disruption caused to your experience because of bad weather conditions.
In order that your experience runs smoothly and meets your requirements, we may need to use the information you provide such as name, address, special needs/ dietary requirements etc. We take full responsibility for ensuring the proper security measures are in place to protect your information. There may be occasions where we need to pass on personal information to 3rd party suppliers, transport companies, hotels and other accommodation etc. The information may also be provided to security, credit checking companies, public authorities such as emergency services, customs/ immigration if required by them or as required by law. We will not however, pass any information to any person not responsible for a part in your experience. This applies to any sensitive information that you give to us such as details of disabilities, or dietary/ religious requirements. In making this booking, you consent to relevant personal information being passed on to the relevant persons connected with your booking. Branch Out Adventures acts as your data controller. You are entitled to a copy of the information held by us. If you would like a copy, please contact us (we may make a small charge for providing this to you.)
Please click the link to download a copy of our Terms & Conditions
Changes & Cancellations to your booking
We understand that there may be an occasion where you need to cancel or alter your booking. In making a booking you are accepting the following alteration and cancellation policy:
- Changes or alternations to your booking within 7 days: No refund or replacement.
- Changes or alterations to your booking within 14 days: refund or replacement with an alteration fee equal to 50% of your booking payment.
- Changes or alterations to your booking within 30 days: Refund or replacement with an alteration fee equal to 25% of your booking payment.
Terms and Conditions for participating in Branch Out adventures – Release of liability and assumption of risk.
1. In consideration for Branch Out Adventures (“Branch Out”) providing me with any services associated with the activity or activities, I agree to be bound by the following terms and conditions.
2. I acknowledge that the activity or activities I am about to undertake may be hazardous or dangerous and there is inherent and significant risks including risk of injury, disability or death.
3. I accept and assume all liability for the risks, dangers and hazards and the possibility of loss, damage, injury or death from, and in any way associated with, participation in any activity or activities now and in the future.
4. To the fullest extent permitted by law, Branch Out will not be liable for any and all loss or damage I may sustain from, or in any way connected with, the activity or activities including any liability for personal injury or death.
5. Branch Out may contract with third parties to provide you with an activity or activities. To the fullest extent permitted by law, Branch Out will not be liable for any loss or damage I may sustain from, or in any way connected with, the activity or activities provided by third parties, including any liability for personal injury or death.
6. Branch Out does not intend to affect any rights granted by the Australian Consumer Law, Corporations Act or other consumer protection laws. To the extent any liability arises under any warranty, guarantee or other term provided by statute, including any warranties, guarantees or other terms that may arise under the Australian Consumer Law, Branch Out’s liability is expressly limited to:
a. supplying the services again; or
b. payment of the cost of having the services supplied again.
7. I agree that these terms and conditions shall also apply to any subsequent participation in any activity or activities and the subsequent provision of services by Branch Out and shall be binding on my heirs, next of kin, dependents, executors, administrators and assigns.
8. I agree that these terms and conditions shall also apply to any related or associated activity, supply of goods, provision of services, carriage or transportation to or from or connected with any activity or activities.
9. I also undertake and acknowledge that I have not relied on any representation or statement made by Branch Out or its agents in connection with the activity or provision of services when deciding to participate in the activity or activities.
10. I agree to comply with all rules and directions made or given by Branch Out staff or agents in connection with any activity or activities. I agree that if I fail to comply, I will not be permitted to continue with the activity and no refund will be given.
11. I fully understand the purpose of these terms and conditions is to exclude to the maximum extent permitted by law all liability for death or injury and I agree that this document must be interpreted to achieve that purpose, and in any dispute, must be interpreted against me and in favour of Branch Out. I acknowledge and understand that personal accident and life insurance is obtainable and waive any claim through me, by any insurer in my name or on my behalf.
12. If any part of this document shall be contrary to law or void, in whole or in part, it shall be read down to the extent necessary in the relevant jurisdiction for its validity but shall otherwise operate to the full extent permitted by law in each and every jurisdiction.
13. These terms and conditions shall be governed by the laws of the state of Victoria and in the event of any action arising out of or connected with participation in an activity or activities, the action shall be commended only in the courts of Victoria and I agree that I must bring any action within one year from the last day of my participation in that activity.