Throughout these Terms & Conditions ‘XO Perth Private Tours’ is refered to as ‘XOPPT’
In relation to XOPPT operations this page contains:
Cancellation Policy
Health & Safety Policy
Terms and Conditions
Privacy Policy
Website Terms
Disclaimer
Cancellation Policy
Tours will proceed regardless of weather conditions unless it is unsafe to do so. With the exception of force majeure the following timeframes apply;
Cancellations made more than 7 days prior to a scheduled tour date will be refunded the total tour price less deposit
Cancellations made 3-7 days prior to a scheduled tour date will be refunded 50% of the total tour price
Cancellations made within 48 hours of the scheduled tour date will incur a 100% charge
Where a customer cancels due to Government restrictions that are either not removed as expected, extended, or reimposed, the customer will be contacted and offered a refund or credit note (to be used at a later time), where such an offer is at the absolute discretion of XOPPT. XOPPT reserves the right to withhold some monies to cover administrative expenses and other losses, dependent on when notice of cancellation is given by the customer.
Health & Safety Policy
Your health is our top priority, and we have put special measures in place to keep all guests safe both during and after your activity.
Stringent Cleaning - We’ve introduced disinfectant cleaning of the tour vehicle and equipment before every journey. Also, hand sanitiser is available to all guests
Social Distancing - Private tours and charters are not subject to in-vehicle distancing, however we have worked will all our suppliers to ensure appropriate distancing is adhered to throughout the journey's stops
Wellness Checks - Employees receive daily wellness checks to ensure they are healthy and symptom-free. If you or anyone in your group is experiencing symptoms, we will work directly with you to cancel or reschedule your tour
Terms and Conditions
Introduction
By booking any tour, charter or activity with XOPPT you (the Customer) agree to be legally bound by the following Terms and Conditions. In all cases, the person making the booking shall be deemed to have accepted these Terms and Conditions on behalf of all the other person(s) included in the booking.
Price And Inclusions
All prices are in Australian dollars inclusive of GST. All prices are correct at the time of publication and only include sightseeing, entry fees and meals as stated in the corresponding tour’s itinerary. All prices are subject to change solely at the discretion of XOPPT.
Quotes
Prices quoted for Private Charters are valid for 60 days and only cover the cost of the driver, insurances and running the vehicle. Additional fees such as parking, park entry and sustenance are not included, unless clearly stated within the quote, and are the sole responsibility of the person that placed the booking.
Deposits
A deposit of 30% of the tour price is required as a minimum payment to confirm a booking. The remainder of the booked tour price must be paid in full prior to travel. Failure to pay in full may result in cancellation of the booking.
Refunds
All refunds will be made in Australian dollars and in accordance with the Cancellation Policy, less all costs incurred by XOPPT as result of accepting the booking being refunded. Fluctuating exchange rates, commissions, transaction and banking fees may result in a refund amount being different than the amount paid for the booking. These conditions are beyond the control of XOPPT, no liability is implied or offered for any losses you may incur as result.
Children
All minors between 0 - 17 years old must be accompanied by an adult aged 18 or more. Infants aged between 0 - 3 years can travel free. Depending on age and height, children will be required to use accredited child safety seating as required by Western Australian law. Child safety seats are supplied complimentary. At all times, XOPPT reserve the right to not accept children on tours due to safety concerns.
Booking Conditions
Infant and child seating requirements must be provided by the Customer at least 7 days prior to the booked tour date
Dietary requirements, allergies and notable medical conditions for all tour participants must be provided by the Customer at least 7 days prior to the booked tour date
XOPPT reserves the right to make subtle changes to tour itineraries
XOPPT reserves the right to substitute vehicles and/or drivers should the need arise
XOPPT reserves the right to change or cancel a booking in accordance with operating requirements or circumstances beyond its control
Should change or cancellation prove necessary we will give reasonable notice thereof, in the circumstances, & where available, offer a comparable alternative
If an alternative is not available or acceptable the Customer is entitled to either a full refund of monies paid or a complimentary transfer to another XOPPT tour
If the change or cancellation is due to force majeure (i.e. circumstances like epidemic or health risk, political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural & nuclear disasters, fire, Acts of God, adverse weather conditions or other similar events beyond XOPPT’s control) XOPPT will give a full refund of all monies paid less reasonable expenses incurred by XOPPT in respect of the booking
XOPPT reserves the right to cancel a tour at any time and for any reason up to 28 days before the departure date, in which case the Customer is entitled to a full refund of all monies paid to XOPPT
XOPPT will not refund any personal expenses incurred, nor costs of any other travel arrangements affected due to our cancellation or rescheduling of a tour departure.
Liability
XOPPT accept no liability for lost, stolen or damaged property or loss of any kind caused by or resulting from any act or omission by its employees, agents or contractors or by any company, whose services are used as part of the tour, including but not limited to activity, accommodation and food providers.
XOPPT accept no responsibility for any injury or illness including but not limited to aggravation of pre-existing injuries, conditions, or congenital defects sustained whilst on tour or while engaged in any activities with agents, contractors or by any company whose services are used as part of the tour, including but not limited to activity, accommodation and food providers.
Passengers should note that adventure travel can involve a higher than normal risk and a signed release may be required from all participants before departure. In such an instance, a failure to waive legal rights in relation to XOPPT’ liability would result in exclusion from the tour.
XOPPT cannot guarantee exact pick-up and drop-off times and will accept no responsibility for cancellation fees from other connecting services or any associated costs.
Personal Information
XOPPT abide by the National Privacy Principles for the protection of personal information, as set out in the Privacy Act 1988. Please refer to our Privacy Policy below for more information.
Photographs
Photographs taken by XOPPT may include Customers in part or in full; XOPPT reserves the right to use these photographs for any business-related purpose. Customers are kindly requested to advise XOPPT in writing or by email prior to the day of the tour or activity if they do not wish their image to be used for business purposes. In the event a Customer requests that a photograph that they are featured in be removed from advertising, the decision to remove and the timing of such removal is entirely at the discretion of XOPPT.
Safety
In accordance with Western Australia Road Traffic Code 2000, all passengers traveling with XOPPT must use the provided seatbelts, child restraints and booster seats at all times while the vehicle is in motion.
Alcohol, Drugs And Behaviour
As a courtesy to others, every Customer is expected to conduct themselves in a manner that does not adversely affect other Customers or potentially damage the reputation of XOPPT.
In accordance with the Liquor Control Act 1988 Customers may be required to provide a suitable form of identification prior to being served alcohol at select venues; the inability to provide identification may result in being refused service of alcohol.
The use of social drugs of any variety is expressly forbidden during a tour or activity; a Customer found to contravene this stance will be immediately and unconditionally removed from the tour or activity.
XOPPT reserve the right of removal of any Customer from a vehicle, tour or activity, for anti-social behavior, excess alcohol consumption, drug use or at the driver's discretion with reasonable cause. A Customer removed from a tour or activity is solely liable for all expenses they incur thereafter, including but not limited to the cost of returning to their pick-up point.
If any Customer chooses to leave a tour for any reason before it has finished and of their own volition, XOPPT are not obliged to give any refunds for the remaining segment of the tour nor cover any costs incurred by the Customer as a result of their leaving.
Within the limits of Western Australia law, compensation will be sought for any expense incurred by XOPPT for the repair or replacement of any XOPPT' property that is damaged or lost as direct result of a Customer's willful or careless actions, including but not limited to damage to a vehicle or any of its fittings and contents as provided for use.
Travel Insurance
Travel insurance is not included in any booking. XOPPT strongly recommend all Customers purchase adequate independent Travel Insurance to cover personal liability, cancellation, loss of luggage and personal effects.
Jurisdiction
The Customer agrees that the terms of this agreement shall be governed by the laws of Western Australia and any dispute shall be heard by the court of appropriate jurisdiction in Western Australia.
Privacy Policy
XOPPT recognises that your personal information is very important to you and are committed to promoting confidence in the manner in which your personal information is handled by us. XOPPT abides by the National Privacy Principles for the protection of personal information, as set out in the Privacy Act 1988 (OAIC). Personal information means any information or an opinion about you from which your identity is apparent or can reasonably be ascertained.
What information does XO Perth Private Tours collect?
XOPPT do not collect personal information about you unless it is necessary for providing our services or products to you. We will, where reasonable and practicable to do so, collect that information directly from you by:
Direct contact from you when you make a booking, enquiry or request
If you participate in a survey, competition or promotion by us
The type of personal information we receive and store is any specific information you provide to us, such as your name; e-mail address, address (work or home), telephone number
The personal information that we collect is used for:
undertaking the booking of the tour(s) requested by you, confirming bookings & advising you of any changes to your booking;
answering any enquiries from you
With the personal information that we collect, we hope to improve the services, products and information that we provide to you.
Do we use Cookies?
We use cookies in a limited manner when you visit our website. Cookies are not used by us to collect and store your personal information.
A cookie is a small data file that is downloaded from our website and stored on a text file on your hard drive. The information is made up of a string of letters and numbers which uniquely identifies your computer and any username or password that you may have already registered on our website.
If at any time you do not wish to accept cookies or wish to delete existing cookies, you may manually configure your browser to refuse cookies or may manually delete existing cookies from your hard drive.
When and to whom do we disclose your personal information?
We will only use your personal information for the purpose for which it was collected and any directly related purpose. We will not disclose your personal information to anyone without your consent, unless required to do so by law or that disclosure is to a tour operator, booking agent, affiliate, etc and then only for the purposes collected. To fulfil the purposes set out above we may provide access to our IT service providers.
How can you get access to and change your personal information?
You may request access to the personal information we have collected from you and obtain a more in-depth explanation about how we handle your personal information by e-mailing us at the address shown on our website or otherwise writing to us.
If you wish to change your personal information, where it is incorrect or wish to have your personal information deleted, please notify us as above.
Is your personal information safe with us?
We take reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure. Once your personal information is no longer needed, we take reasonable steps to destroy or permanently de-identify it.
Using e-mail and the Internet may not always be successful or secure. We cannot be held responsible for the security or confidentiality of any information sent to us by e-mail or over the Internet.
What to do if you are not satisfied with the way we handle your personal information?
To lodge a complaint you may notify us by e-mailing us at the address shown on our website including details of your complaint, or otherwise let us know of your complaint (preferably in writing). We will endeavour to investigate and advise you of the outcome of a complaint as soon as possible.
If your complaint is not resolved to your satisfaction, you can refer the matter to the Federal Privacy Commissioner at:
Office of the Federal Privacy Commissioner
Level 8, Piccadilly Tower
133 Castlereagh Street
Sydney NSW 2000
Website Terms
This website (“Website”) is owned and operated by XO Perth Private Tours.
Please ensure that you review all of the following sections of our Website Terms and Conditions carefully before using our Website – your use of and access to any page or part of our Website indicates that you agree to comply with and be bound by all of these terms and conditions.
If you do not agree to our Website Terms and Conditions you will not be permitted to access or use our Website.
Authorised Use
You may only use this Website: for your own personal, non-commercial use only (which will at all times be reasonable and not abusive); or to obtain information on, check the suitability and availability of our products and services; or for purposes legitimately connected with purchasing our products and services; or to access or retrieve your travel information and/or booking data, manage your preferences or to get in contact with us about your bookings or travel arrangements; or submit and share your views, reviews and comments on our products and services.
Non-Authorised Use
You agree that you shall not: access, extract, use or copy any material or information on this Website for any commercial purpose or for any purposes which are unlawful. In particular, you are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this Website except that you may print off any individual page for your own personal use; or use this Website in a way that causes or may cause an infringement of the rights of any other party or which breaches any standards, regulations or codes published by any relevant authority; or use this Website in any way that interferes with or affects the performance of the Website or our systems or which interferes in any way with other users use of the Website; or gain, or attempt to gain, any unauthorised access to our Website, our other systems and/or to the personal data, information or booking data of other users and customers; or make any unauthorised, false or fraudulent reservation on this Website.
Ownership And Use Of Material And Information On Our Website
This Website displays registered and unregistered intellectual property such as brands, designs, data, content, copyright material and trademarks, which belong to XOPPT or have been licensed to XOPPT. Other product and company names mentioned and third party content displayed on this Website are proprietary to their respective owners. You are not licensed to use any of the marks on our Website unless written permission is granted, and you may not meta tag any of these marks.
Unless otherwise stated, we own (or are licensed to use) the intellectual property rights in the content and information in this Website, including (without limitation) all text, sound, photographs, images, logos, videos, maps, blogs, customer reviews, graphics, design, underlying source code and software. Subject to the “Authorised Use” section above, material and information, either whole or in part, from this Website may not be reproduced, copied, republished, downloaded, posted, broadcast or transmitted in any form or medium without our prior written permission.
Website Facilities
We have made available various services, tools and functionality on this Website for your use. The information set out by us on these pages tells you how you can use these services, tools and functionality to find out about and book our products (as well as those provided by our selected partners), view content provided by us, interact with us and submit and share views with other customers. Your use of this Website in these ways is subject to these Website Terms and Conditions.
By browsing this Website you accept that you are bound by the Website Terms and Conditions current at the time when you browse.
Disclaimer
To the maximum extent permitted by law, we disclaim all warranties, whether express or implied by statute, custom or usage relating to the information contained in this Website and we shall not be liable for any losses or damages whatsoever, whether in contract, tort (including negligence), or otherwise arising from this website, or from any interruption or delay in accessing this Website.