In these Terms of Access, 'us', 'we' and 'our' means Sweat Tours.
You must be a registered member to access certain features of our website. In order to become a member, you must:
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
without our prior written consent.
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
Separate terms and conditions of sale will apply in relation to any products and/or services that are sold through the website. If you want to purchase any such products and/or services, you need to agree to the relevant terms and conditions. In case of any inconsistency between such terms and conditions and these Terms of Access, those terms and conditions will prevail.
This paragraph 3 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
In Australia, our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms of Access or in any other terms and conditions that apply to the sale of such products and services purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
We reserve the right to change these Terms of Access:
All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
We may include electronic addresses in our website to facilitate communication. This is not to be inferred as consent by us or the relevant addressees to receiving unsolicited commercial electronic messages or spam.
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and us and you shall have no authority to bind us in any form or manner, whatsoever.
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.
To make a booking and participate on a tour you must be at least 21 years of age and no older than 35 years of age. We reserve the right to waive the upper age limit at our discretion in exceptional circumstances.
You can make a booking by:
When your booking is accepted by us, which will be evidenced by us issuing you with confirmation invoice, a contract will exist between you and us. If your booking is made for a number of people, each person must abide these Purchase Terms. We reserve the right to reject any booking and refund deposit in full at our discretion.
You warrant that all information provided to us in the booking form is accurate.
In order to secure your booking, you must pay the deposit and each instalment in accordance with the terms of each package. If you pay late we may cancel your booking. If full payment is not received 46 days prior to tour departure date, we reserve the right to treat the booking as cancelled and, apply cancellation charges as set out in paragraph 6 below. If you make your booking within 45 days of departure then the full cost will be due immediately. The only exception to this schedule of due payments is if a payment plan has been organised with Sweat Tours.
Each package clearly states what is included and excluded in the price. By making a booking you agree to the itinerary and the price of the holiday. We reserve the right to change the prices at any time and the price change will apply to all new bookings made from the date of the change.
You are responsible for all travel arrangements before the start of the tour and we will not be responsible for any costs or expenses incurred. Travel from the end of the tour is not included in the booking amount and must be arranged at your own expense.
We will do our best to ensure that we provide you with the services as they are described to you when you make your booking.
However, our itineraries are occasionally subject to changes. If a material change is made to an itinerary (other than due to a force majeure), then you will be given the option of accepting the change or cancelling your booking in return for a full refund. We will notify you in writing of any material change and you will have 14 days to notify us in writing if you want to cancel your booking. If you do not notify us then you will be deemed to have accepted the change.
A ‘material’ change for these purposes is a change in dates, a lower standard of accommodation for a significant proportion of the holiday or a change to a significant proportion of the programme.
For all changes other than material changes, no refund or compensation will be given.
If we have to cancel your trip for reasons other than
(a) a fault of yours
(b) force majeure (which is defined below in paragraph 5)
(c) insufficient numbers
we will endeavour to offer you an alternative trip of at least comparable standard if available, or offer you a full refund.
You may cancel your booking by providing written notice to us. The following fee schedule will apply in the event of a cancellation by you:
(a) 20% deposit is non-refundable
(b) cancellations 60 – 46 days from the departure will be charged 50% of the total tour fees;
(c) cancellations within 45 days of the departure date will be charged 100% of the total tour fees.
Absenteeism from any part of the tour will not entitle you to any refund for any part of the booking amount.
Adverse weather conditions are not valid grounds for cancellation
(a) You can request to change your booking to another of our tours no later than 60 days before the departure date of your original booking at no charge to you;
(b) Any deposit already paid to Sweat Tours can be transferred to another of our tours within one year from the date you request the change;
(c) No changes can be made to a booking within 60 days of the departure date;
(d) Any changes to passport details or names will be treated as a cancellation and the refund schedule in Clause 6 will apply.
We cannot provide a refund or compensation if a trip is altered or cancelled as a result of force majeure. Force majeure includes causes beyond our reasonable control including but not limited to acts of God, fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
We use third party suppliers to provide you with services. All services are subject to the terms and conditions of third party suppliers.
We do not have any control over services provided by third party suppliers and we do not accept any liability for any acts or omissions of any such third party suppliers.
We will not have any liability to you for any damage, loss, expense or other sum, which:
By making a booking you agree to provide us with the waiver located here: www.sweattours.com/terms-conditions/
You are responsible to ensure that you have all necessary documentation for your holiday including but not limited to passport and visa. We will not have any liability to you if you fail to have all necessary documentation.
You are required to have valid travel insurance for all persons on the booking during the period of your tour. You will be required to show proof of insurance before the departure date. Your travel insurance must cover cancellations, personal injury, death, medical expenses, reparation expenses, evacuation expenses and any activities that you plan to participate in while on our tour.
We take every complaint seriously and will do our best to follow up all complaints. If you have any complaint you must report it at the time of the incident to one of the tour guides and to us in writing within 28 days of the date of the incident. We will not acknowledge complaints that are made after 28 days.
Our tours include activities and events that may not be suitable for people with disabilities. You agree that you will disclose any relevant medical conditions or physical disabilities at time of booking so we can advise whether the tour will be suitable for you. You agree not to hold Sweat Tours liable if you fail to disclose any relevant condition. We reserve the right to reject your booking if we deem the tour to be unsuitable for you.
We cannot be held responsible for you on the tour if you decide to proceed against our advice and you must provide written evidence that you will be accompanied by someone capable of assisting you during the tour at your own costs.
You must be aware of any health requirements of your destination country and carry all necessary documentation at all times. We will not be held responsible if you are denied entry into a country due to medical reasons. Your local doctor can advise you of any requirements for your destination country.
Whilst on the tour, we expect you to behave in an appropriate manner. We take this very seriously.
You must behave with consideration to other people and you must abide by any terms of entry into an event or a venue.
In particular, for the duration of the tour, you must not:
In the event of an emergency situation or evacuation, you must follow all official directions by the staff and security at a venue or an event.
You accept responsibility for any loss and damage caused by you or any member of your party. You must make full payment for any such loss or damage directly to the appropriate party immediately. You must indemnify us against any claims including legal costs made as a result of your acts or omission.
If, in our reasonable opinion, or in the opinion of any other person in authority, you behave in a way as to cause or be likely to cause distress, danger, or annoyance to any third party or damage to property, we reserve the right to terminate this agreement without notice. In this event, we will not be responsible for the costs or expenses that you may incur as a result and we will not provide a refund or pay any compensation.
In this paragraph 14:
If you make a booking with us and we enter into a contract, in consideration for us providing you with the services pursuant to that contract, you agree that:
In this waiver: