All dealings with Walking Sydney will be on these Terms and Conditions (Terms) unless otherwise agreed in writing with Walking Sydney. In theseconditions, the “COMPANY” means Walking Sydney its servants and agents and the “PARTICIPANT/S” means the person or persons to whom the ticket isissued or in the event of a group the person and persons in that group.
1. Requirements to participate in Walking Sydney tours
(a) All Participants on the tour must hold a valid ticket. Entry may be refused if tickets or vouchers are damaged or defaced in any way or not purchased online at www.walkingsydney.com.au
(b) All Participants will be required to disclose, to The Company guide prior to the commencement of the service, whether the participant suffers from anymedical condition which may prevent the participant undertaking the tour, including, but not limited to, epilepsy, dizziness, limb or back injury, angina orother heart condition, severe or uncontrolled asthma, visual impairment or recovering from recent surgery.
(c) All Participants acknowledge and agree that they participate in the service at their own risk.
2. Walking Sydney’s ability to refuse participation
The Company reserves the right to refuse any person, for whatever reason, participation in the service, in its absolute discretion, whether or not they havepreviously purchased a ticket. A person will be reimbursed for tickets previously purchased should they be refused permission to participate on groundsother than those set out above.
3. During the Walking Sydney tour
(a) All Participants must obey the directions and instructions of the Company guide, must not disturb other Participants or interfere with the Companyguide’s ability to conduct the service in a safe manner.
(b) Participants are not to record in any manner or take notes throughout the duration of the tour, as the information imparted on the tour is the intellectualproperty of The Company.
4. Terms of payment
(a) The Company’s tickets are non-refundable (subject to Term 6(a) below) or transferable and remain the property of the Company until such time as it issurrendered to the Company’s guide or officer.
(b) The Company’s tickets must not be offered for sale or resale, or resold or used for any commercial purpose, including without limitation promotion ofany supplier or any supplier’s products or services, without the Company’s prior written permission.
(c) Bookings can only be changed up to 36 hours prior to the original tour date, and changed only by time or date to another available time or date, and notreduction in number of Participants. The Company reserves the right to charge a booking fee on the purchase of tickets and an administration fee shouldtickets purchased be changed to another date or time.
(d) Tours require a minimum of 6 Participants in order to proceed. In the event there are less than 8 Participants the Company shall advise Participants 24hours prior to the scheduled tour. Participants will be offered a place on the next available tour in accordance with 6(c) or a refund will be provided if this isnot possible.
5. Gift Vouchers
(a) Gift Vouchers are non-refundable but transferable. Gift Vouchers must not be resold or used for any commercial purpose, including promotion of anysupplier or any supplier’s products or services, without the Company’s prior written permission.
(b) A Gift Voucher must be redeemed within 12 months from date of purchase and the tour must take place within the 12 months.
6. Cancellation and Refunds
(a) Bookings can only be cancelled by the Participant by giving written notice to the Company at least 48 hours before the original tour date.
(b) The walking tour will not proceed should the Company decide that the weather makes the participation in the tour unsafe, or for any other reason, at theabsolute discretion of the Company.
(c) Should the walking tour not proceed then Participants will be re-booked at the earliest possible time at the convenience of the Participants taking intoaccount available places.
(d) There will be no refund of a ticket by the Company except in accordance with these terms or as agreed in writing by the Company. Refunds will only bemade to the person who purchased the ticket from the Company.
(e) The Company reserves the right to cancel or vary this service in any way without notice. However, reasonable effort will be made to maintainarrangements as advertised.
7. The Company’s Liability
(a) Participants (a) to the extent permitted by law, the Company excludes liability and will not be responsible for any loss, damage or injury arising from orconnected with the tour, no matter how that loss, damage or injury is caused. In particular, the Company will not be responsible for loss or damage arisingfrom a Participant’s failure to obey the Company guides’ instructions or from any pre-existing medical or psychological condition. Further, but only to theextent permitted by law, the Company will not be responsible for loss or damage arising from any negligent act or omission of the Company or any personfor whom the Company is responsible. Certain laws imply non-excludable conditions and warranties. This provision does not exclude those conditionsand warranties but limits the Company’s liability in relation to these to provision of services provided by the Company again, or refund of the cost of thoseservices.
(b) The Company is also not liable for any loss, damage or inconvenience arising from or incidental to any delay in the scheduled tour taking place.
8. Governing Law
These Terms are governed by the laws of New South Wales, Australia. The Company and each Participant submit to the non-exclusive jurisdiction of theCourts of New South Wales in respect of these Terms and any dispute between them.
9. Miscellaneous Terms
(a) All Participants acknowledge and agree that The Company is expressly authorised to take photographs of Participants during the tour and utilise suchphotographs for the purpose of advertising The Company including but not limited to being displayed on The Company website.
(b) Photographs remain copyright to The Company and may only be used or reproduced by Participants for private or domestic purposes and must notbe used for any commercial purpose, including promotion of any supplier or any supplier’s products or services, without The Company’s prior written permission.
(c) In the event a participant does not wish to have their photograph taken as per (a) and (b) they are obliged to advise the guide and their wishes shall be respected.