Terms and Conditions
1. Our Agreement
All direct bookings are made with Gekko Tours (ABN 20 688 514 927), trading as Gekko Safari.
By making a booking with us, whether by telephone, email, through our website, or through an authorised travel agent or partner, you acknowledge that you have read, understood and agreed to these Terms & Conditions.
These Terms & Conditions form part of the agreement between you and Gekko Safari.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.
2. Health and Fitness
You are responsible for ensuring that you have an appropriate level of health, fitness and mobility to participate safely in your chosen tour.
Our tours may involve travel in regional and remote areas, getting in and out of touring vehicles, walking over uneven surfaces and being some distance from immediate medical assistance.
Passengers must generally be able to board and leave our vehicles without assistance from Gekko Safari staff.
Due to space and vehicle-access limitations, we may not be able to accommodate wheelchairs, walkers or other large mobility aids. Our touring vehicles do not have wheelchairlifts or ramps.
If you require regular or significant assistance, you must travel with a companion capable of providing that assistance. Our guides can provide reasonable general assistance but cannot provide ongoing medical care or act as personal carers.
If you are uncertain about your ability to participate safely, please contact us before booking.
3. Existing Medical Conditions
You must inform Gekko Safari at the time of booking of any medical condition, mobility issue or other circumstance that may affect your ability to participate safely in the tour or that may significantly affect the operation of the tour.
We may reasonably request a medical assessment from a qualified medical practitioner where we have concerns about your ability to participate safely.
If the assessment indicates that you are not fit to travel or require a level of assistance that we cannot reasonably provide, we may be unable to accept or continue your booking.
Any cancellation or refund in these circumstances will be considered having regard to the circumstances, our cancellation policy and any rights you may have under Australian Consumer Law.
4. New or Changed Medical Conditions
If, after booking, you develop a new medical condition or an existing condition changes in a way that may affect your ability to participate safely, you must notify Gekko Safari as soon as reasonably practicable.
We may request an appropriate medical assessment.
If you are subsequently unable to travel, our normal passenger cancellation conditions may apply. We strongly recommend comprehensive travel insurance to protect against cancellation due to illness, injury or other unforeseen personal circumstances.
5. Illness and Infectious Disease
The health and safety of our passengers, guides and the communities we visit are important to us.
Passengers experiencing significant cold, influenza, COVID-19 or other potentially infectious symptoms should consider testing and obtaining appropriate medical advice before joining the tour.
If you become seriously unwell or develop a condition during the tour that creates an unacceptable health or safety risk to yourself, other passengers or our staff, you may be required to leave the tour at an appropriate location.
Unless otherwise required by law, expenses associated with leaving the tour because of your illness, including additional accommodation, medical treatment and onward transportation, are your responsibility.
We strongly recommend travel insurance that provides appropriate cover for these circumstances.
6. Dietary Requirements
Please advise us of special dietary requirements at least four weeks before departure.
We will make reasonable efforts to communicate your requirements to relevant accommodation providers, restaurants and other suppliers. However, we cannot guarantee that every dietary request can be accommodated by third-party suppliers, particularly in remote areas.
Passengers with food allergies remain responsible for making appropriate enquiries regarding meals and beverages.
Nothing in this section excludes liability that cannot lawfully be excluded.
7. Tour Inclusions
Unless otherwise stated in your itinerary, the tour price includes:
- Accommodation listed in the itinerary;
- Transportation listed in the itinerary;
- Sightseeing and activities listed as included;
- Meals specified in the itinerary; and
- The services of your Gekko Safari driver/guide.
8. Tour Exclusions
Unless specifically stated as included, the tour price does not include:
- Airfares or other flights not specifically included in the itinerary;
- Airport transfers;
- Excess baggage charges;
- Meals not specified in the itinerary;
- Travel insurance;
- Optional activities;
- Personal expenses; or
- Alcoholic beverages.
9. Travel Insurance
Gekko Safari strongly recommends that all passengers purchase comprehensive domestic travel insurance at the time of booking.
Your insurance should be appropriate for your individual circumstances and should provide suitable cover for illness or injury, medical emergencies, cancellation, weather-related disruption, additional accommodation or transportation expenses, lost or damaged personal belongings, and other unforeseen circumstances relevant to travel in regional and remote Australia.
We particularly recommend checking that your policy provides appropriate cancellation cover if you are unable to travel because of illness, injury, family emergency or another unforeseen personal circumstance.
Travel insurance is not a substitute for any refund, remedy or other right that you may have against Gekko Safari under Australian Consumer Law.
Gekko Safari does not recommend any particular insurance provider or policy. It is your responsibility to understand the terms, conditions, limits and exclusions of your chosen insurance.
Where reasonably requested, Gekko Safari will provide appropriate documentation confirming a cancellation or significant disruption to assist with a legitimate travel insurance claim.
10. Change of Itinerary
Our itineraries are carefully planned but are intended as a guide.
Travel through regional and remote Australia can be affected by weather, flooding, road conditions, mechanical problems, accommodation availability, attraction closures, flight operations and other circumstances.
Gekko Safari may make reasonable changes to routes, accommodation, attractions, meal locations, vehicles, flight arrangements and other components of the itinerary where reasonably necessary.
Where a significant advertised component cannot be provided, we will make reasonable efforts to provide a suitable alternative where practicable.
Exact arrival and departure times cannot be guaranteed. Passengers should allow adequate time when arranging onward flights, transport, accommodation or other services following a tour.
Nothing in this section affects rights or remedies available under Australian Consumer Law.
11. Cancellation by You
If you wish to cancel your booking, notice of cancellation must be provided to Gekko Safari in writing, preferably by email.
The effective cancellation date will be the date on which Gekko Safari receives your written notification.
Unless otherwise required by law, the following cancellation charges apply:
- 31 days or more before departure: 25% of the total tour price;
- 30 to 15 days before departure: 50% of the total tour price;
- 14 to 8 days before departure: 75% of the total tour price; and
- 7 days or less before departure: 100% of the total tour price and no refund.
These charges reflect the costs and commitments associated with operating small-group tours, including accommodation, transport, staffing and third-party supplier arrangements.
We strongly recommend travel insurance that provides appropriate cancellation cover.
12. Transfer of Booking to Another Person
If you are unable to travel, you may request to transfer your booking to another person, such as a family member or friend.
Gekko Safari will reasonably consider the request provided that the replacement passenger satisfies the requirements applicable to the tour, suppliers permit the change, sufficient notice is provided, and any additional costs associated with the transfer are paid.
Please contact us as soon as possible if you wish to transfer your booking.
13. Leaving a Tour After Departure
If you voluntarily leave a tour after it has commenced, no refund will normally be provided for accommodation, transport, sightseeing, meals or other services that you choose not to use.
This does not affect any rights you may have under Australian Consumer Law.
14. Cancellation, Postponement or Significant Changes by Gekko Safari
The safety and wellbeing of our passengers, guides and drivers is our first priority.
Gekko Safari operates tours throughout regional and remote areas where weather, flooding, road conditions and access can change rapidly.
We may cancel, postpone, shorten or significantly alter a tour where circumstances outside our reasonable control make it unsafe, impossible or impracticable to operate the tour as planned.
These circumstances may include severe or forecast severe weather; heavy rainfall, flooding or flood warnings; road closures; roads or floodways considered unsafe or reasonably likely to become unsafe; bushfires or extreme fire danger; natural disasters; government, police, emergency service or transport authority directions or restrictions; National Park or attraction closures; accommodation becoming unexpectedly unavailable; scenic-flight cancellations or aviation restrictions caused by weather, safety or operational conditions; significant mechanical failure where a reasonable replacement cannot be obtained; fuel shortages or disruption to essential services; strikes or industrial action; public health emergencies; civil unrest; or other serious events outside Gekko Safari’s reasonable control.
Safety Decisions Before Departure
Gekko Safari does not have to wait until a road has officially closed, a floodway has become impassable or a severe weather event has occurred before making a reasonable safety decision.
Where weather forecasts, official warnings, road-condition reports, advice from authorities, aviation operators, accommodation providers, local knowledge or other reliable information reasonably indicates that proceeding may create an unacceptable safety risk, result in passengers becoming stranded, or prevent significant parts of the tour from being safely completed, Gekko Safari may alter, postpone or cancel the tour.
Such decisions will be made reasonably and in good faith using the information available to us at the time.
If Gekko Safari Cancels
If Gekko Safari cancels a tour for reasons within our reasonable control and cannot provide the booked tour or a suitable alternative, passengers will be entitled to an appropriate refund in accordance with Australian Consumer Law.
Where cancellation results from circumstances outside our reasonable control, Gekko Safari will endeavour to provide reasonable options depending on the circumstances. These may include transfer to another available departure, credit towards a future Gekko Safari tour, or a refund where appropriate or required by law.
Where permitted by law, a refund may take into account reasonable and justifiable costs that have already been incurred specifically in connection with the passenger’s booking and which Gekko Safari cannot reasonably recover from third-party suppliers.
Nothing in this section excludes, restricts or modifies rights or remedies available under Australian Consumer Law.
15. Minimum Passenger Numbers
Gekko Safari requires a minimum number of passengers for each tour to operate.
If minimum numbers are not reached, we may cancel a departure. Where reasonably possible, we will provide at least two weeks’ notice.
If Gekko Safari cancels a tour solely because minimum passenger numbers have not been reached, passengers will be offered transfer to another suitable available departure, an alternative itinerary where available, or a full refund of monies paid to Gekko Safari for the cancelled tour.
16. Photos and Marketing
Photographs and videos may be taken during our tours and may be used by Gekko Safari for promotional and marketing purposes, including our website, social media and advertising.
If you do not wish your identifiable image or likeness to be used for these purposes, please advise Gekko Safari before departure or advise your guide during the tour.
We will make reasonable efforts to respect your request.
17. Authority on Tour and Passenger Conduct
By travelling with Gekko Safari, you agree to follow reasonable directions given by your guide relating to safety, behaviour and the operation of the tour.
Our staff are entitled to a safe working environment and all passengers are entitled to enjoy their tour without threatening, abusive, dangerous or seriously disruptive behaviour.
Gekko Safari may require a passenger to leave the tour where their behaviour creates a serious safety risk or materially interferes with the safety or reasonable enjoyment of other passengers or staff.
Where removal results from the passenger’s serious misconduct, the passenger will normally be responsible for their own accommodation and transportation from that point and refunds will not ordinarily be provided for unused services, subject to applicable law.
18. Privacy
Personal information collected by Gekko Safari may be used where reasonably necessary to administer your booking and operate your tour.
This may include providing relevant information to accommodation providers, activity operators and other suppliers involved in delivering your tour.
Where permitted by applicable privacy and marketing laws, we may also use your contact details to provide information about Gekko Safari tours, news and special offers.
19. Acceptance of Risk
Travel in regional and remote Australia can involve risks different from those encountered in everyday life.
These may include long-distance road travel, changing weather, heat, uneven terrain, remote locations, wildlife, flooding, limited communications and being significant distances from medical services.
Gekko Safari takes reasonable steps to manage foreseeable risks. Passengers are also responsible for following reasonable safety instructions and considering whether a tour is appropriate for their individual circumstances.
By choosing to travel, you acknowledge the nature of remote-area touring and the inherent risks that cannot reasonably be eliminated.
This clause does not exclude or limit liability where it would be unlawful to do so.
20. Third-Party Suppliers and Limitation of Liability
Gekko Safari works with accommodation providers, aviation operators, attractions, restaurants and other independent suppliers in providing components of our tours.
While we take reasonable care when selecting and arranging suppliers, some services are provided by independent third parties and may be subject to their own operating requirements and conditions.
To the extent permitted by law, Gekko Safari will not be responsible for loss arising solely from acts, omissions or circumstances of an independent third party that were outside Gekko Safari’s reasonable control and could not reasonably have been prevented by us.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.
21. Optional Activities
Activities identified as optional and not included in the tour price do not form part of the Gekko Safari tour price.
Where Gekko Safari staff assist a passenger in arranging an optional activity operated independently by another provider, the activity may be subject to the terms and conditions of that provider.
Nothing in this section excludes any liability Gekko Safari may have under applicable law.
22. Fees, Pricing and Surcharges
Our tour prices may vary according to season, demand, availability and market conditions.
Passengers travelling on the same departure may therefore have paid different prices.
Once your booking has been confirmed at an agreed price, subsequent discounts or promotional offers will not ordinarily apply retrospectively to your booking.
Any unavoidable surcharge or price adjustment after booking will be dealt with in accordance with applicable law and the terms communicated to you at the time of booking.
23. Luggage
Due to limited luggage capacity in our touring vehicles, passengers are asked to limit luggage to 15 kg per person in a soft-sided suitcase or travel bag, plus a daypack not exceeding approximately 4 kg.
Large hard-shell cases and excessively bulky items may not be able to be accommodated.
Passengers remain responsible for their personal belongings during the tour, subject to any liability Gekko Safari may have under applicable law.
24. Claims and Complaints
If you experience a problem during your tour, please advise your guide as soon as reasonably possible so that we have an opportunity to address the matter while the tour is underway.
If the matter cannot be resolved during the tour, please contact Gekko Safari in writing as soon as reasonably practicable following completion of the tour.
We ask that complaints preferably be submitted within 30 days so that we can investigate them while information is readily available.
A failure to complain within 30 days does not remove any statutory rights you may have.
25. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing contained in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
26. Applicable Law
These Terms & Conditions are governed by the laws of South Australia and applicable Commonwealth legislation.
Any dispute relating to these Terms & Conditions will be dealt with in accordance with applicable law.
* Some images courtesy of SATC and Julie Fletcher
