WILDLIFE WONDERS TERMS AND CONDITIONS
By clicking the accept button on our website, or otherwise submitting an order to participate in a Wildlife Wonders Tour whether personally or through any of our authorised distribution partners, you agree that you have read, understood and will be bound by these Terms.
In these Terms, the words below have the following meanings: Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
Entry Ticket means a ticket issued by us which permits the holder to participate in a Wildlife Wonders Tour subject to these Terms.
Entry Ticket Price means the GST inclusive price charged by us for the Wildlife Wonders Tour as displayed on our website, or otherwise communicated by our authorised distribution partners, from time to time.
Force Majeure Event means any event arising from, or attributable to, acts, events, omissions or accidents which are beyond our reasonable control including but not limited to outbreaks of infectious disease, pandemics, epidemics, laws and government orders or directions relating to quarantine, restrictions on business operations and / or the movement of people, fire, flood or adverse weather conditions such as extreme hot weather, high wind or heavy rainfall.
Gift Card means a prepaid gift card which the holder of the card can redeem for goods and / or services as set out in the card subject to these Terms.
We, us or our means Wildlife Wonders Ltd (ACN 625 129 311). Wildlife Wonders Site means 475 Great Ocean Road, Marengo, Victoria, Australia.
Wildlife Wonders Tour means the guided nature walk which we offer at the Wildlife Wonders Site.
Terms means these terms and conditions, including the Special Terms set out in clause 23.
You or your means the person who places an order to purchase an Entry Ticket through our website or via any of our authorised distribution partners and includes each member of any Visitor Group on whose behalf an order is placed.
Visitor Group means you and each person on whose behalf an order to purchase an Entry Ticket is placed.
2 Condition of entry
It is a condition of entry to the Wildlife Wonders Site that you, and each member of your Visitor Group, accepts and complies in full with these Terms. We reserve the right to refuse entry to any person.
3.1 By placing an order whether through our website or via any of our of our authorised distribution partners, you make an irrevocable offer to us to participate in the Wildlife Wonders Tour subject to these Terms.
3.2 We are not bound to accept any order and may decline to do so for any reason in our sole discretion.
3.3 Any acceptance by us of an order is on the express basis that you, and each member of your Visitor Group, will comply with and observe these Terms at all times while on the Wildlife Wonders Site.
4 Opening times and tour times
4.1 All Wildlife Wonders Tours depart from the visitor centre at 475 Great Ocean Road, Marengo. Tours depart at regular scheduled intervals during the day.
4.2 Our operating hours vary on a seasonal basis. Please refer to our website for up to date operating hours.
4.3 We reserve the right to change the days and times of operation without notice.
5 Wildlife Wonders Tours
5.1 We will provide each Wildlife Wonders Tour in the manner we determine from time to time.
5.2 The tour will be led by a guide nominated by us. You agree to comply, and ensure that each member of your Visitor Group complies, with all directions given by the guide. You acknowledge that failure to comply with those directions may result in you or a member of your Visitor Group being asked to immediately leave the Wildlife Wonders Site.
5.3 We will endeavour to ensure that your Wildlife Wonders Tour starts and ends in a timely manner but accept no responsibility for any delays in start or finish times, including delays as a result of adverse weather conditions.
5.4 We will endeavour to ensure that your experience will include animal sightings but due to the inherently unpredictable and sometimes shy nature of animals we cannot guarantee the type or number (if any) animals you will encounter.
5.5 The Wildlife Wonders Site is wheelchair friendly. If you or any member of your Visitor Group requires any mobility assistance please contact us so that appropriate arrangements can be made.
5.6 Any items or equipment provided to you by us as part of the Wildlife Wonders Tour remains our property and must be returned by you to us at end of the Wildlife Wonders Tour in the same condition as you received it. You agree to indemnify us in respect of all costs we incur in replacing or repairing any damaged items or equipment provided to you in accordance with this clause.
6 Suspension and cancellation by us
6.1 We reserve the right to temporarily suspend or cancel any Wildlife Wonders Tour at our discretion including without limitation as a result of high wind or other extreme weather conditions.
6.2 We will endeavour to provide you, or the authorised distribution partner from whom you purchased an Entry Ticket, prior notice by email or sms of any suspension or cancellation but at times it may not be possible to provide such notice.
6.3 If we decide to cancel a Wildlife Wonders Tour which you are scheduled to participate in, you may either reschedule or receive a refund of the Entry Ticket Price you paid for the tour affected by the cancellation. Please note that if you have booked through an authorised distribution partner rather than from us directly then the refund may be less any administrative or other fees incurred. The refund of any such amounts will be your sole remedy against us in respect of any such cancellation.
7 Early and late arrivals
7.1 We encourage all visitors to arrive at least 20 minutes before the scheduled start time of their Wildlife Wonders Tour. Please come to the visitor centre when you arrive.
7.2 Unless otherwise agreed by us, all Entry Tickets are issued on the basis that they are valid only for the day and time to which they relate. We will endeavour to accommodate any early or late arrivals by allocating you and your Visitor Group to another tour on the same day subject to capacity.
7.3 You acknowledge that this may not always be possible and we reserve the right to retain any amount paid by you (including on behalf of any Visitor Group) on account of the Entry Ticket Price where we are unable to allocate you to a different tour.
8 Cancellation or request to reschedule by you
8.1 If you wish to cancel any Wildlife Wonder Tour which you have booked to attend, you must let us know at least 48 hours prior to your scheduled tour time in order to receive a refund.
8.2 If you wish to reschedule any Wildlife Wonders Tour which you have booked in to attend, please contact us as soon as possible. We will endeavour to accommodate your request but reserve the right not to accept any such request. If we are unable to accommodate your request for any reason, we reserve the right to retain any amount paid by you (including on behalf of any Visitor Group) on account of the Entry Ticket Price.
9 Price and payment
9.1 Unless we agree otherwise, the price for the Wildlife Wonders Tour is the Entry Ticket Price which includes GST.
9.2 If you paid a deposit at the time of booking the Wildlife Wonders Tour, the balance of the Entry Ticket Price less the deposit paid must be paid in full on arrival. The deposit paid by you (including on behalf of any Visitor Group) on account of the Entry Ticket Price will be forfeited to us if you do not attend your Wildlife Wonders Tour at the scheduled day and time. We reserve the right to require concession cards, proof of age or membership cards (if applicable) to be produced to confirm eligibility for discounted prices.
9.3 Any price list or other similar document issued by us or on our behalf or by our distribution partners does not constitute an offer by us to supply any services whether at the prices set out in those lists or catalogues. We reserve the right to change our price lists at any time without notice.
9.4 All amounts are in Australian Dollars and include GST.
10 Your acknowledgments
10.1 You acknowledge and agree that if we consider that you our any member of your Visitor Group is under the influence of alcohol or drugs then we may decline to allow you or the other person, as applicable, to participate in the Wildlife Wonders Tour and / or require you or the other person to immediately leave the Wildlife Wonders Site.
10.2 You must not, and must ensure that no member of your Visitor Group brings any alcohol or drugs (other than prescription medication required for a medical condition), or any weapons or other items which may reasonably be considered to be dangerous, onto the Wildlife Wonders Site.
10.3 You acknowledge that our employees or staff may conduct bag checks upon entering the Wildlife Wonders Site and before or during any Wildlife Wonders Tour and you agree to accommodate any reasonable requests in this regard.
10.4 If we consider that you, or any member of your Visitor Group, have engaged in any sexual harassment, innuendo or any other inappropriate behaviour while on the Wildlife Wonders Site we may require you or the other person/s to leave the Wildlife Wonders Site immediately.
10.5 Smoking is prohibited on the Wildlife Wonders Site (other than in designated smoking areas nominated by us).
10.6 Visitors are not permitted to bring pets or other animals onto the Wildlife Wonders Site at any time while participating in a Wildlife Wonders Tour.
10.7 You agree to comply, and to ensure that each member of your Visitor Group, complies with all signs and notices located throughout the Wildlife Wonders Site.
10.8 Photographs may be taken for personal purposes. However, the use of flashes on cameras is prohibited.
10.9 You must not, and must ensure that each member of your Visitor Group does not, while on the Wildlife Wonders Site:
(a) touch, pat or otherwise interfere with any animals, including by offering food or drink;
(b) create or cause nuisance on the Wildlife Wonders Site including by throwing items at, or otherwise disturbing or intimidating any animals; or
(c) touch, take any cutting or otherwise interfere with any plant, nest or habitat;
(d)wade, swim or bathe in any lake, pond, stream or dams;
(e)take any photograph, film, recording or make artwork for public display, for commercial purposes or for inappropriate use;
(f) leave any litter;
(g) light any fire; or
(h) use or operate any drone or similar aircraft.
10.10 You must comply, and ensure that each member of your Visitor Group complies, with the directions and instructions of any member of our team at all times while on the Wildlife Wonders Site.
11 Age restrictions and supervision of children
11.1 At all times when on the Wildlife Wonders Site:
(a) children under 8 years of age must be within arm’s reach of a guardian when on the Wildlife Wonders Site.
(b) children aged between 8 to 15 years of age must be accompanied by guardian and be within close visual line of sight of that guardian.
11.2 All guardians are responsible for the children in their care at all times when the children are on the Wildlife Wonders Site.
12 Lost, stolen or damaged property and vehicles
12.1 The following paragraphs are subject to any obligations which we may have under the Australian Consumer Law and Fair Trading Act 2012 (Vic).
12.2 We do not take any responsibility for any personal items that are lost, damaged or stolen on the Wildlife Wonders Site. We recommend that any valuable items are left in a secure place and not brought onto the property.
12.3 We do not guarantee that it will be possible to identify or contact the owner of all lost property items that we find. You acknowledge and agree that we may sell or donate any lost property to a charity nominated by us if that property has not been claimed by the owner within three months after such items are first identified to us.
12.4 Parking is available for visitors free of charge. We accept no responsibility for loss or damage to any vehicle and you acknowledge that you, and each member of your Visitor Group, uses our car park at your or their own risk entirely.
13 Limitation of liability
13.1 You may have certain rights under the Australian Consumer Law in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law as they apply to the services we supply and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of those rights. We limit our liability for any breach of those guarantees to the re-supply, or payment of the cost of re-supply, of the relevant goods or services.
13.2 If you make a claim against us which includes a cause of action other than for a breach of a consumer guarantee then, to the extent the claim, or part of the claim, does not relate to a consumer guarantee, and to the extent permitted by law, we expressly exclude all liability however arising including where caused by our negligence.
14 Risk acknowledgment, release and indemnity
14.1 You acknowledge that the Wildlife Wonders Tour is conducted on the Wildlife Wonders Site which is part of the natural environment which has risks not normally encountered in an urban environment. Those risks include without limitation:
(a) slips and falls;
(c) snake and insect bites;
(d) animal scratches and/or bites; and
(e) falling tree limbs or other debris.
14.2 You voluntarily accept these risks and all other risks of participating in the Wildlife Wonders Tour and attending the Wildlife Wonders Site.
14.3 You agree to take all reasonable steps to avoid injury while on the Wildlife Wonders Site, both to yourself, other members of your Visitor Group, other participants in the Wildlife Wonders Tour and members of our team.
14.4 You release, discharge and agree not to sue us or any of our directors, officers, employees, agents and contractors (each a Relevant Party) in respect of any and all liabilities, claims and causes of action that may arise from any act, omission, default, failure or error by us or any of the other Relevant Parties (including any negligent act, omission, default, failure or error) occurring wholly or partially during the course of your participation in the Wildlife Wonders Tour or while on the Wildlife Wonders Site.
14.5 You agree to indemnify and keep indemnified each of the Relevant Parties in respect of any liability, claims or causes of action that may be brought against any one or more of the Relevant Parties as a result or in connection with any act, omission, default, failure or error on the part of any of the Relevant Parties (including any negligent act, omission, default, failure or error) occurring wholly or partially during the course during the course of your participation in the Wildlife Wonders Tour or while on the Wildlife Wonders Site.
14.6 You acknowledge and agree that we hold the benefit of the releases and indemnities set out above in our own right and on behalf of each of the other Relevant Parties.
15 Gift Cards
15.1 The provisions in this clause 15 apply to all Gift Cards issued by us.
15.2 Gift Cards are a prepaid card which, depending on the type of Gift Card, is redeemable on the terms set out in the card
15.3 Any bookings for Wildlife Wonders Tours by redeeming a Gift Card are subject to availability.
15.4 Unless otherwise specified, Gift Cards may be redeemed on any day of the week.
15.5 Gift Cards cannot be used to withdraw or redeem cash, reloaded, returned for a refund, consolidated with another Gift Card or use to acquire another Gift Card.
15.6 Gift Cards expire on the date specified on the Gift Card, which will not be earlier than 36 months or any shorter period permitted by law from the date the card is supplied. A Gift Card may not be used or otherwise redeemed after the expiry date and any card not redeemed by the expiry date will be forfeited.
15.7 Gift Cards are transferrable. Any use of the Gift Card is deemed to be made by the person who acquired the Gift Card.
15.8 We accept no responsibility to replace, and are not otherwise liable or responsible for, any Gift Card which is lost or stolen.
15.9 Gift Cards can only be used for personal use and must not be used in connection with any marketing, advertising or other promotional activities without the our prior written approval.
15.10 We may refuse to redeem any Gift Card if fraud is suspected or until we are satisfied that there has been no fraud involved in the redemption.
15.11 Use of a Gift Card is subject to all of our policies notified by us from time to time.
16 No representations
You acknowledge and agree that you have not relied on any representations, inducements or statements made to by us or on our behalf in ordering your Entry Ticket/s.
18 Use of image
By entering the Wildlife Wonders Site, and only where you and any member of your Visitor Group is over the age of 18 years old, you agree to your image, likeness or voice and that of a member of your Visitor Group, being used by us as part of any recording including for our promotional purposes.
19 Events outside our control
19.1 We will not be liable for any failure to perform or delay in performing any of our obligations under these Terms if that failure or delay is due to a Force Majeure Event.
19.2 If a Force Majeure Event under clause 19.1 occurs, we may immediately terminate the agreement between us and you by notice to you, or the authorised distribution partner through which you booked, without any liability to you.
20 No waiver
No failure to exercise or delay in exercising any right given by or under these Terms to us constitutes a waiver and we may still exercise that right in the future.
You acknowledge that we may to the extent permitted by law, vary these Terms from time to time with the variation becoming effective as soon as we provide you with notice of the variation.
22 Governing law
These Terms are governed by the laws in force in Victoria and you submit to the non-exclusive jurisdiction of the courts of Victoria.
23 COVID Safe special terms
23.1 We have adopted a number of special terms (Special Terms) in response to the pandemic and/or public health emergency arising from the virus and respiratory illness known as the Novel Coronavirus 2019 and any mutation or variation of that virus or illness (COVID). These Special Terms will supplement the terms set out above (General Terms).
23.2 If there is any inconsistency between the General Terms and the Special Terms, the Special Terms will prevail to the extent of the inconsistency. All other terms and conditions continue in full force and effect.
23.3 These Special Terms may be updated from time to time in line with relevant state and federal government guidelines, public health directives and other government law, regulations or directions
23.4 You must not attend, and must ensure that no member of your Visitor Group, attends the Wildlife Wonders Site if you or they:
(a) are feeling unwell or experiencing or exhibiting COVID related symptoms, including: a fever or a temperature higher than 37.5 degrees; chills or sweats; cough; sore throat; shortness of breath; runny nose or loss of sense of taste or smell; or
(b) are in isolation as a result of a COVID diagnosis (including while awaiting the results of a COVID test); or
(c) are in quarantine as a returning international or interstate traveller; or
(d) have been in contact with someone diagnosed with COVID within the past 28 days.
23.5 We may refuse entry to the Wildlife Wonders Site and / or in participation in a Wildlife Wonders Tour, or require any person to leave the Wildlife Wonders Site, if you or any member of your Visitor Group:
(a) refuses to comply with any COVID safety protocols or requirements notified by us ;
(b) refuses to comply with any reasonable health and safety directions given by any member of our team;
(c) refuses to provide contact tracing information to us or any member of our team on request;
(d) is exhibiting symptoms of COVID described in clause 23.4, as notified to or as assessed by one of any member of our team;
(e) is required to be in isolation as a result of COVID diagnosis or in quarantine because they are a returned traveller or are a close contact with a person with COVID
or if we reasonably believe there is a risk that you or any member of your Visitor Group may have or be carrying COVID.
23.6 In any of the above circumstances, ticket refunds or exchanges will not be provided unless required by law.
23.7 By purchasing an Entry Ticket or participating in a Wildlife Wonders Tour or otherwise entering the Wildlife Wonders Site, you and each member of your Visitor Group acknowledges:
(a) that even with capacity and control measures in place, there remains an unquantifiable risk of transmission of viral illness including COVID;
(b) the contagious nature of COVID
and voluntarily assumes the risk that they may be exposed to or infected by COVID as a result of attending the Wildlife Wonders Site, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
23.8 You understand that the risk of becoming exposed to or infected by COVID at the Wildlife Wonders Site may result from the actions, omissions, or negligence of any guest or others, including, but not limited to any of our directors, officers, employees, representatives, contractors (and their respective employees) or agents. You release and forever discharge us and our directors, officers, employees, representatives, contractors (and their respective employees), agents and the event organiser from any claim which you have or may have in respect of, or arising out of, being exposed to or being infected with COVID as a result of attending the Wildlife Wonders Site.
23.9 You agree to comply, and ensure that each member of your Visitor Group complies, with any COVID related safety protocols or requirements notified by us while present at the Wildlife Wonders Site, including:
(a) health-based screening and monitoring (which may include but is not limited to temperature checks);
(b) hand hygiene requirements (including hand sanitising);
(c) physical distancing requirements (including while queuing); and
(d) person density limits, including person limits for particular spaces and areas.
23.10 You acknowledge that visitors may be asked to wait, or be refused entry, to parts of the Wildlife Wonders Site that have reached their total person limit under Victorian Department of Health (DH) social distancing requirements;
23.11 If in the reasonable opinion of our team a visitor does not comply with any of these protocols or requirements or exhibit or develop apparent symptoms of COVID or similar illnesses, that visitor will not be permitted to enter the Wildlife Wonders Site or may be required to leave. Failure to comply with these protocols or requirements may lead to a breach of laws, regulations, government declarations and/or directions, for which significant penalties may apply.
23.12 You agrees to notify us immediately if you or any member of your Visitor Group develops any symptoms of COVID described in 23.4 while attending, or within 14 days of attending, the Wildlife. Please contact us immediately via email email@example.com or call 1300 099 467.