Adrenalin Off-Road Centre ABN 39 609 716 501 of 1/13 Exchange Parade, Narellan NSW 2567 and (where the context permits) our employees, agents, contractors and suppliers, these Terms and Conditions (including exclusions from liability) apply to their benefit.
Adrenalin Off-Road Centre means Adrenalin Off-Road Centre Pty Ltd
Booking means a Booking of a Tour made between Adrenalin Off-Road Centre and Client as outlined below.
Client means any person or Legal Entity who makes a Booking with Adrenalin Off-Road Centre.
Participant means any person travelling in any vehicle on an Adrenalin Off-Road Centre tour.
Tour means a tour with Adrenalin Off-Road Centre
You the Client acknowledge and agree that:
BOOKINGS and PAYMENT
For all bookings made with Adrenalin Off-Road Centre, it is assumed and implied that these Terms and Conditions have been read, understood, and accepted in full.
Adrenalin Off-Road Centre reserves the right to vary Tour prices.
Cancellation of bookings will incur the following penalties.
*All cancellations must be received in writing by Adrenalin Off-Road Centre and are not effective until such written notice has been received. If your Tour has already commenced, 100% of the full tour price is forfeited unless otherwise agreed. There are no refunds for leaving the Tour before the scheduled end date. (Cancellation Policy may be varied at any time subject to prior advice to you)
Adrenalin Off-Road Centre may suspend its obligations under this agreement if its ability to perform is affected by cyclones, storms, fires, earthquakes, explosions, embargoes, government directives, or any law or regulation, litigation or labour dispute, act of God (such as flood), war, terrorism, or any other cause which is beyond its reasonable control.
Adrenalin Off-Road Centre in their sole discretion reserves the right to alter any tour dates, tour routes and/or itineraries and time schedules or cancel any tours for the safety of participants and/or for any other reason.
Acceptance of these Terms and Conditions forms the agreement between you, the Client, your passengers, and Adrenalin Off-Road Centre.
You Warrant that all necessary personal health or medical conditions for all participants in your care have been disclosed to Adrenalin Off-Road Centre on the waiver form as well as disclosing all medications which you or your participants might require to take at any time and where they are stored in your vehicle.
You the Client hereby confirm that you act on behalf of and are responsible for all passengers who may travel in your vehicle at any time whilst you are on tour with Adrenalin Off-Road Centre.
You accept full responsibility for their legal rights, personal health worthiness and all associated risks as participants.
Adrenalin Off-Road Centre is not liable for the sickness or injury of any Tour participant.
You warrant that you and all your passengers do not have any pre-existing medical condition or disability (including those disclosed on the Waiver Form) which will have an impact on or prevent you from participating in or completing the Tour. It is your responsibility to ensure that you are medically fit and capable of completing the Tour.
Tours are carried out in areas with limited medical support services.
You hereby authorise Adrenalin Off-Road Centre to take such action as is necessary (but without any obligation Adrenalin Off-Road Centre to do so) for the provision of medical services at your cost, including but not limited to, the arrangement of any medical evacuation service by air/road, the attendance of any doctor, nurse, paramedic or ambulance officer and any necessary hospital service. You must pay the costs on time to the provider of the services within seven days of demand.
You are not entitled to any refund for any part of the Tour that you miss due to sickness, illness, or injury or due to other circumstances outside the control of Adrenalin Off-Road Centre.
Participation in any Tour organised by Adrenalin Off-Road Centre is voluntary.
You understand that ‘tagalong tours’ are challenging self-drive adventures traversing remote areas and most often with no facilities. You agree to be self-supporting at all times.
You and your passengers undertake to obey all state and/or local laws whilst on tour.
No Firearms are allowed on any Tour.
You must comply with directions and advice from Adrenalin Off-Road Centre while undertaking the Tour and for matters relating to the Tour.
Participation on the Tour involves group interaction with other participants and Adrenalin Off-Road Centre, and you (including all passengers travelling with you), agree that at all times to act decently and with respect to other participants and Adrenalin Off-Road Centre. You must not create any nuisance to other participants, Adrenalin Off-Road Centre, or the general public.
All directions and rules for national parks must be followed, and if not your participation in the Tour may be cancelled.
Adrenalin Off-Road Centre may suspend or cancel your participation or continued participation on the Tour at any time if there are reasonable grounds to do so, without liability if you breach these Terms and Conditions. If at any time during a Tour you leave the official tour itinerary for any reason, then you are travelling and conducting yourself as an independent tourist, up to and including such time as you re-join the Tour and are acknowledged by Adrenalin Off-Road Centre as being ‘back on tour’. Obtaining such acknowledgement is your responsibility. Failure to do so will be a breach by you of these Terms and Conditions and negate all responsibility otherwise assumed by Adrenalin Off-Road Centre.
OTHER SERVICE PROVIDERS
Where participants are enrolled in other ‘activities’ provided by other services providers then the liability for their health and safety with respect to those activities is with that service provider. Adrenalin Off-Road Centre expressly is not liable and has no responsibility to you in these instances.
PHOTOGRAPHY and VIDEOGRAPHY (Including the use of a Drone or such other photographic device)
You agree that all photos and videos taken of you or any passengers travelling with you on a Tour can be used for marketing or promotional purposes by Adrenalin Off-Road Centre. You grant us unconditional approval to use the images and footage royalty free for marketing and promotional purposes Australia wide and for a period of not less than fifteen years from the date such images are taken.
All drivers/co drivers of vehicles must have a current and valid driver’s licence which allows them to legally drive a four-wheel drive motor vehicle in Australia.
VEHICLE MAINTENANCE AND SUITABILITY
To participate in a Tour with Adrenalin Off-Road Centre, the vehicle you use for the Tour must be a 4wd vehicle with High and Low range gearing and have reasonable ground clearance and All Terrain Tyres.
Some AWD vehicles are not deemed suitable on some of Adrenalin Off-Road Centre and prior agreement to their use is required from Adrenalin Off-Road Centre.
Your vehicle or the vehicle you intend to use for the Tour must be in a state of good repair and had a recent service. If Adrenalin Off-Road Centre has concerns about the state of your vehicle they may require a mechanical check to be conducted at your expense prior to departure.
If at the time of departure, Adrenalin Off-Road Centre is not satisfied with the state of the vehicle or deems the vehicle to be unsuitable for the terrain to be encountered, you may not be allowed to join the Tour and all monies will be forfeited in line with the Cancellation Policy referred to above. You are responsible for the repair and maintenance of your vehicle whilst on tour. In that regard you are expected to inspect your vehicle daily for any signs which might indicate a threat to its ability to continue with safety and reliability. Adrenalin Off-Road Centre personnel are not to be seen as mechanical solutions in the event of a breakdown of your vehicle. They are there to support you in that regard however all repairs are entirely your own responsibility.
TRAVEL AND VEHICLE INSURANCE
Adrenalin Off-Road Centre strongly advises Clients to take out comprehensive travel insurance to cover any unforeseen circumstances. Adrenalin Off-Road Centre recommends that you do this before booking one of its tours.
Recovery of a disabled or damaged vehicle is the vehicle owners’ responsibility. Adrenalin Off-Road Centre highly recommends insurance for vehicle recovery.
Adrenalin Off-Road Centre is not liable and you release Adrenalin Off-Road Centre from all Claims and liabilities arising out of, or relating to your participation in the Tour, including (but not limited to) actions (or inactions) of Adrenalin Off-Road Centre undertaken pursuant to these Terms and Conditions, and including those caused or contributed to by third parties, including suppliers to Adrenalin Off-Road Centre and other participants on the Tour. For the purposes of this clause “Claims” means any allegation, cause of action, claim, demand, proceeding, litigation, investigation, judgement, loss, cost, or expense of whatever nature and whether present or future, fixed or un-ascertained, actual, or contingent and whether arising at law or in equity, under statute or otherwise.
You indemnify Adrenalin Off-Road Centre for any loss suffered by Adrenalin Off-Road Centre and against all Claims (as defined in the preceding clause) and liabilities arising out of or related to your participation in the Tour and any breach by you of these Terms and Conditions.
Adrenalin Off-Road Centre may suspend its obligations under this agreement if its ability to perform its obligations is affected by cyclones, storms, earthquakes, explosions, embargoes, government directives, or any law or regulation, litigation or labour dispute, war, terrorism, or any other cause which is beyond its reasonable control.
Adrenalin Off-Road Centre accepts no responsibility or liability for any injury, loss, damage, death, illness, change of itinerary or delay (including mechanical breakdown) caused either directly or indirectly as a result of events which are outside of Adrenalin Off-Road Centre’s control. Such events include but not limited to fires, floods, acts of God, unusually severe weather, industrial action, or commercial flight disruptions.
PERSONAL FITNESS & HEALTH
Adrenalin Off-Road Centre’s tour itineraries may contain guided sight-seeing walks to natural attractions. Clients and their passengers are required to have a reasonable level of fitness in order to participate in such activities.
Some walking tracks have sections of uneven, rocky ground and may be slippery. The walks on Adrenalin Off-Road Centre’s tours vary in length, so please read your chosen tour description for further information, or contact Adrenalin Off-Road Centre who will be able to describe each walk to you.
Whilst on a bush walk it is the responsibility of each participant to carry adequate drinking water.
Adrenalin Off-Road Centre requires all participants to honestly advise of any condition, medical or otherwise, to the Tour Leader, which may prevent them from safely participating in planned activities while with Adrenalin Off-Road Centre.
If participants feel they are unable to participate in the walk on the day, alternative arrangements may be made, provided there is adequate provision for participant comfort and safety during their absence from the activity.
PARTICIPATION, RISKS & ENJOYMENT
While every care for the safety of vehicles and participants is taken, all participants and vehicles participate at their own risk.
Four Wheel driving can at times be a hazardous activity.
Adrenalin Off-Road Centre do not set out to place you, your passengers, or your vehicle in harm’s way however you are responsible for taking decisions to participate in any activity or driving route based on your knowledge of your own skills and the capability of your vehicle. Withdrawing from any such activity or intended ‘driving route’ is not a breach by you of these Terms and Conditions subject to you discussing with Adrenalin Off-Road Centre that you will require an alternative route and then re-join the Tour. Where possible Adrenalin Off-Road Centre will provide support to you for the alternative route to be taken, however this cannot be guaranteed if in the opinion of Adrenalin Off-Road Centre, it might place the balance of the tour participants at a higher level of risk.
Clients and passengers accept that tours include participation in activities which may involve certain risks and dangers beyond the control of Adrenalin Off-Road Centre. Such activities containing risks include but are not limited to, bush walking, swimming, travelling in remote undeveloped locations and 4-wheel driving over varying types of terrain.
Clients and passengers accept that some tours include visits and overnight stays in areas located some distance from hospitals, medical centres, or other forms of professional medical facilities.
Clients and passengers accept that it is their responsibility to ensure that their health is in a state which will allow them to enjoy the Tour and successfully complete the activities which the Tour offers.
Clients and/or passengers will not be permitted to continue on tours when in the opinion of the Adrenalin Off-Road Centre Leader, the Client and/or passenger’s conduct or condition is placing their own or the safety of other participants at risk or is adversely affecting the enjoyment of other participants for whatever cause.
Adrenalin Off-Road Centre will take all reasonable steps to provide an enjoyable tour. However, no liability will be accepted for any loss of enjoyment experienced by Clients/passengers due to circumstances which are beyond Adrenalin Off-Road Centre control or otherwise.
DATA PROTECTION POLICY
Any personal information (including sensitive information and health information) which Adrenalin Off-Road Centre receives and retains from you or about you is necessary for its business purposes. Adrenalin Off-Road Centre does not disclose this information to other parties unless it is necessary, such as for medical or dietary information if medical services are required for you at any time.
The only terms and conditions which are binding upon Adrenalin Off-Road Centre are those set out in these Terms and Conditions or otherwise agreed to in writing by Adrenalin Off-Road Centre and those, if any, which are imposed by law and which cannot be excluded.