Total Overland Tours terms and conditions

These Terms and Conditions are incorporated into our contract with you. Please read them carefully. When we refer to "us", "we", or "our", we are referring to Total Overland Tours and, where appropriate, its owners, directors, employees, contractors, and agents. When we refer to "you" or "your", we are referring to each traveller in the booking group (vehicle).

By making a booking with us, you agree to these Terms and Conditions:
 

1. General Principles

You understand and agree that:
 

• Our tours take place in remote areas and may need to be modified at times for weather, track conditions, safety, or operational reasons.
   

• The tours are self-drive adventures and conditions may vary, including longer than expected driving days, extreme weather, and challenging terrain.
   

• We cannot guarantee exact arrival and departure times.
   

• We are not responsible for transportation, accommodation, or any other services provided by third parties, and their respective terms, conditions, and limitations on liability apply to your bookings.
   

• We rely on the information you provide to us to be a true and accurate statement.
   

• Our group tours require a minimum of 5 participant vehicles to operate.
   

2. Your Warranties

You warrant that:

• If you are a driver, you have the required experience, skills, and confidence for off-road driving in remote conditions.
   

• You do not have any medical conditions or disabilities that would prevent you from safely completing the tour.
   

• You have, or will have at the time of the tour, a comprehensive travel insurance policy that covers cancellation, personal injury, theft, remote vehicle recovery, and potential damages.
   

• If you are a driver, you hold a current, valid Australian driver’s licence (or valid international equivalent recognized in Australia) that will remain valid for the duration of the tour.
   

• Any vehicle you use on the tour is currently registered, roadworthy, and fully insured (including comprehensive vehicle insurance).
   

• Your vehicle has been, and will continue to be, maintained to a mechanical standard suitable for remote 4WD touring conditions.
   

• You have read, understood, and agreed to these Terms and Conditions.
   

• If we request proof of any of the above (licence, registration, insurance, mechanical check), you will provide it to us promptly.
   

3. Our Commitments

We agree:
 

• To exercise reasonable skill and care to operate all tours as advertised.
   

• To comply with all requirements imposed by relevant third parties, including local/state governments, statutory regulators, traditional owners, and national park operators.
   

4. Your Obligations & Acknowledgments

You agree:

• To follow all instructions and safety briefings provided by our tour leaders while on tour.
   

• To behave appropriately and not do anything that may offend, distress, or endanger our staff, contractors, or other travellers.
   

• To follow all safety requirements and recommendations applicable to each location and situation, regardless of who imposes or makes them.
   

• That you have had the opportunity to seek independent legal or financial advice regarding this agreement.
   

• To take all reasonable steps to ensure your own safety and the safety of your passengers.
   

• To notify us immediately if any of the warranties in Section 2 become incorrect.
   

• That if we, acting reasonably, arrange or take any action necessary for the provision of emergency medical services (including medical evacuation), you will be fully responsible for all associated costs. (Note: Royal Flying Doctor Service emergency response is generally free within Australia, but secondary ground or air transport costs remain your responsibility).
   

• To be fully responsible for the cost of maintaining, towing, recovering, or repairing the vehicle you bring on tour, including any consequential financial losses.
   

• To be responsible for the cost of maintaining, repairing, or replacing any equipment, recovery gear, or camping gear you bring or use on the tour, including any consequential losses.
   

• To be fully responsible for any fines, fees, or penalties you incur for traffic, council, or national park offences.
   

• That we reserve the right to cancel a tour if the minimum vehicle booking threshold is not met.
   

• That we may require you to leave the tour immediately if you breach these terms or if we, acting reasonably, determine your continued presence is unsafe or detrimental to tour staff or other participants.
   

• To indemnify us against any loss, damage, or expense suffered or incurred by us as a result of your failure to provide accurate information or a breach of any warranty given by you.

5. Pet-Friendly Policy

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• Approved Tours Only: Dogs are strictly only permitted on tours that explicitly specify they are pet-friendly.
   

• Unnotified / Unbooked Pets: Pet owners who bring dogs on tours without notifying or booking with Total Overland Tours prior to departure will be strictly responsible for all resulting costs incurred for boarding the dog, or will be required to leave the tour immediately without a refund.
   

• Behaviour and Control: All approved pets must be well-socialised, kept under effective control at all times, and be up-to-date on all required vaccinations and parasite treatments. Participants are responsible for checking individual tour specifics to gauge whether the terrain and environment are suitable for their dog.
   

• Restricted Areas & Alternative Arrangements: Where tour itineraries pass through areas where dogs are restricted or prohibited (such as National Parks), alternative arrangements will be coordinated by Total Overland Tours. Options include transport via our transport trailer, in-place dog day-care in our climate-controlled trailer, or boarding at our property. Supervision will be provided by Total Overland Tours at all times while pets are in our care.
   

• Liability & Insurance: Owners remain legally and financially responsible for any damage, injury, or disruption caused by their pets to other guests, wildlife, livestock, or property. Pet insurance is strongly recommended to cover accident or illness while on tour. Total Overland Tours will only accept responsibility for illness or injury occurring to dogs directly under our active care and supervision, excluding any pre-existing health conditions. Total Overland Tours reserves the right to seek independent veterinary assessments if necessary.
   

6. Payments, Cancellations & Refunds
 

6.1 Securing Your Booking

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• Deposit: A non-refundable deposit of 25% of the total tour fee is required to secure your booking.
   

• Confirmation: Your booking is accepted once we issue a written confirmation (via email).
   

• Payment Methods: We accept credit cards or direct bank transfer. Note: Credit card transactions may incur a handling fee, which will be disclosed prior to payment.
   

6.2 Balance Payments

To ensure our remote suppliers, permits, and park access fees are secured in advance, payment timelines are strictly applied:
 

• Final Payment: The remaining balance of 75% is due 60 days prior to the tour departure date (unless an alternative payment schedule is explicitly communicated by Total Overland Tours for a specific tour).
   

6.3 If You Cancel

All cancellations must be submitted in writing via email. The standard conditions below apply based on the date we receive your written notification:
 

Cancellation Period Refund / Credit Outcome
 

• More than 60 days before departure - Balance refunded minus the initial 25% non-refundable deposit.

• 60 days or less before departure - No refund or credit will be provided.

• After the tour has commenced - No refund or credit will be provided for early departure or withdrawal, regardless of the reason.
   

6.4 If We Cancel or Alter the Tour

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• Force Majeure (Unforeseen Events): If we must cancel or shorten a tour due to events beyond our reasonable control (e.g., severe weather, bushfires, floods, road/track closures, natural disasters, or government restrictions), all payments made will be issued as a travel credit valid for 16 months, minus any non-refundable deposits paid to third-party suppliers.

• Operational Cancellations: If we cancel the tour for operational reasons within our control (e.g., failing to meet the minimum threshold of 5 vehicles), we will refund all amounts paid, excluding the initial 25% deposit and non-refundable third-party supplier costs. The remaining balance will be issued as a travel credit valid for 16 months.
   

6.5 Discretionary Adjustments

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• Sole Discretion: Total Overland Tours reserves the right, at its sole discretion, to modify, extend, adjust, or waive any payment deadlines, deposit percentages, refund terms, or cancellation timeframes for specific tours, promotions, or individual bookings. Any such variation will only be valid if confirmed by Total Overland Tours in writing (e.g., via written quote, tour itinerary details, or email confirmation).
   

7. Limitation of Liability & General Terms

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• To the maximum extent permitted by Australian Consumer Law, we exclude all liability for loss, damage, injury, expense, or delay of any kind, including consequential loss.
   

• We will not be liable in any way for the acts, omissions, negligence, or defaults of third-party operators, suppliers, or contractors.
   

• We will not be liable for any loss, damage, or injury to any person or property caused or contributed to by your actions (whether negligent or otherwise) during or after the tour.
   

• We will not be liable for any loss, damage, altered itinerary, delay, or expense resulting from events beyond our control, including extreme weather events, bushfires, floods, road closures, epidemics/pandemics, border restrictions, or government directives
  .

• These Terms and Conditions cannot be amended or waived unless agreed to in writing and signed by an authorized representative of Total Overland Tours.
   

• Before commencing any formal legal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation.
   

• Media & Marketing Release: Unless you formally notify us otherwise in writing prior to departure, you grant Total Overland Tours permission to use photographs, video footage, and audio recordings taken during the tour featuring you or your vehicle for promotional, advertising, website, and social media purposes.