Terms and Conditions
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1. Your agreement
1.1. Please read the following “Terms and Conditions” carefully, as they contain important information about your legal rights, remedies, and obligations.
1.2. You must not make any booking unless you understand and agree with these Terms and Conditions.
1.3. References to “TESC”, “us”, “we” and/or “our” in these Terms and Conditions shall mean Top End Safari Camp Pty Ltd (ABN 32 634 292 738).
1.4. References to “you”, “your” and “passenger” in these Terms and Conditions shall mean each person who we provide services to.
1.5. References to Personal Injury in these Terms and Conditions shall mean:
(a) a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual); or Death; or the contraction, aggravation or acceleration of a disease of an individual; or the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
(i) that is or may be harmful or disadvantageous to the individual or community; or
(ii) that may result in harm or disadvantage to the individual or community.
1.6. By making a booking with us, or though our agents, or joining a tour with us, you agree to comply with and be bound by these Terms and Conditions.
1.7. These Terms and Conditions apply to any bookings you make with us (in-store, over the phone or by email) as well as online bookings you make on our website and a booking through any of our agents.
1.8. We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Terms and Conditions.
2. General
2.1. Weight restrictions prevent TESC from taking passengers on activities where they are over 130 kilograms.
2.2. You must provide your full name, exact weight, age and dietary requirements at the time of booking and you agree to be weighed by us on the tour day.
2.3. Children 3 years of age and under are not permitted on any tour.
2.4. Pregnant women are advised not to participate in tours after the 34 week mark and we also recommended you seek medical advice from your doctor before joining a tour.
2.5. Passengers with pre-existing medical conditions are advised to seek clearance from a doctor before joining a tour.
2.6. Tour bookings are not confirmed until payment in full is received.
2.7. TESC reserves the right to alter the tour specifications, timings and/or itinerary without compensation if operationally required.
2.8. TESC reserves the right to cancel or vary the service in any way whatsoever without any liability to the passenger.
2.9. You must arrive 5-10 minutes prior to the tour departure time or pick up time, if you miss your departure the bus and/or tour will commence without late passengers and the tickets will be forfeited.
2.10. A minimum of 6 passengers is required to run the day and overnight tours, tour bookings not reaching minimum numbers will be offered an alternative date of travel or a full refund.
2.11. TESC is not a common carrier and reserves the right at its own discretion to refuse to carry any passenger or goods without assigning any reason.
2.12. Passengers shall not take onto any vessel, vehicle or aircraft, in his/her luggage any explosives, volatile spirits, corrosives, any easily ignitable article or offensive thing likely to cause inconvenience to other passengers or to endanger the vessel or vehicle, other passengers or goods. The passenger indemnifies TESC for any loss and damage caused by or arising from the carriage of the passenger’s goods.
2.13. Passengers must comply with the reasonable instructions and directions of TESC’s servants and agents concerning all matters connected with the service and must comply with any notice exhibited by TESC on any vessel, vehicle and at any location.
2.14. Passengers agree to accept the directions and decisions of TESC and its servants and agents whilst on tour and are to conduct themselves in an orderly and acceptable manner to not disrupt the enjoyment of others.
2.15. Passengers whilst on a vessel, vehicle or aircraft must not consume any intoxicating beverage unless it has been supplied to him/her on board by servants or agents of TESC.
2.16. TESC may arrange for contractors and agents to provide services to you and our contractors and agents shall be entitled to the benefit of these Terms and Conditions to the same extent as TESC as if such person were a party to these Terms and Conditions.
2.17. TESC reserves the right, in the event of a booking being cancelled by passengers, to charge cancellation fees in accordance with TESC’s current scale of refunds.
2.18. These conditions of carriage shall be read and construed subject to the Competition and Consumer Act 2010 (Commonwealth).
2.19. No condition of carriage other than those set out in these Terms and Conditions shall apply to services we provide.
2.20. These Terms and Conditions can only be varied by agreement in writing between TESC and passengers. Note:- “verbal promises by booking agents are not binding on TESC and will not be recognised by TESC.”
2.21. If any part of these Terms and Conditions are contrary to law or void, in whole or in part, all other provisions shall operate and any provision contrary to law or void shall be read down to the extent necessary in the relevant jurisdiction for it to be valid and operate to the full extent permitted by law.
3. Acknowledgement of Risks and Behaviour
3.1. TESC tours have been designed to provide passengers with an exposure to the true nature of the Top End environment and therefore involve an element of physical risk and exposure to potential hazards.
3.2. TESC tours are adventurous by nature and require a level of active participation.
3.3. TESC airboat tours run in crocodile inhabited waters and TESC has no control over crocodile behaviour.
3.4. TESC provides water, snacks sun, sunscreen and insect spray. It is the responsibility of passengers to ensure they have their own water bottle and keep it filled up at the provided stations throughout their tour and apply bug spray, sunscreen and their own sun protection to avoid dehydration, mosquito bites and heat stroke.
3.5. Passengers travelling with children must take full responsibility for supervising their children in these conditions and are mindful of the wildlife, airboats, houseboat, helicopters, natural water bodies and swimming pools.
3.6. If in the opinion of TESC staff, passengers are causing or likely to cause damage, distress, danger or annoyance to other passengers or staff, TESC staff reserve the right to escort passengers from the premise and terminate their booking and tour immediately without refund. Passengers may also be required to pay for loss/and or damage to property or otherwise caused by their actions.
3.7. TESC cannot be held responsible for the actions or behaviours of other passengers who have no connection with TESC and accepts no liability for any loss or damage caused by other passengers.
3.8. We strongly advise that all passengers have their own travel insurance suitable for the activities undertaken on an adventure tour.
3.9. The services we provide are recreational activities and when you participate in the activities they will involve a potential risk of personal injury whilst undertaking the activities for the purpose of recreation, enjoyment, leisure and leisure-time.
3.10. Camping in, or providing access to locations where there are crocodiles, snakes, spiders, insects and wildlife gives rise to a potential physical risk including Personal Injury. In the Northern Territory when you swim in waterholes, rivers or the ocean you may encounter crocodiles and sea life including sharks and jellyfish. Insects and wildlife can carry diseases which are dangerous to humans and can be passed on to humans. Snakes and spiders may be venomous. Wild animals are unpredictable. Sounds and smells may scare them, causing them to bolt, charge or react and harm you. There is a potential risk of Personal Injury in any encounter with an animal whether it is kept in captivity or is in the wild. You must keep a safe distance from all animals. The locations you visit may be in remote locations and medical help may not be readily available and treatment that you need may not be available when you need it. We accept no liability for any encounter you have with animals, crocodiles, sharks, insects, spiders, snakes or jellyfish.
3.11. Crocodile encounters at the locations we visit or operate from come with potential physical risk. Crocodiles are wild and unpredictable. The crocodiles you will encounter are not captives and live in the wild. We provide the encounters for your enjoyment however we warn there is a potential risk of Personal Injury. You must keep a safe distance from all crocodiles and must follow our directions during any encounter with a crocodile. We accept no liability for any encounter you have with crocodiles.
3.12. Scenic tours and transportation in helicopters are recreational activities with inherent risks which could cause Personal Injury. We provide this warning as you may take a helicopter flight from one of our locations or from sites that we operate. We do not operate helicopters. We do not have an air operators certificate issued by the Civil Aviation Safety Authority(“AOC”). However, persons and companies with an AOC (“Helicopter Operators”) will be operating helicopters from locations that we control or that you will visit when we provide services to you. When you participate in activities offered by Helicopter Operators we accept no responsibility for those activities. The Helicopter Operator’s terms and conditions will apply to the flights you take. However, we may assist you to embark or disembark from a helicopter and with activities during a flight. If the Civil Aviation (Carriers Liability) Act 1959 (“CACL Act”) applies to a flight you take the liability of the Helicopter Operator its servants and agents is limited by the CACL Act and that limitation will apply to any liability we have as an agent of the Helicopter Operator involved in providing service to assist you embark or disembark from the flight or assist you during the flight.
3.13. Jet boat and airboat rides and fishing tours are recreational activities that give rise to the risk of Personal Injury. Whilst operating a watercraft or vessel the risks include collision, overturning, hitting submerged objects, breaking down in remote locations, and passengers falling or being propelled overboard into waterways. Crocodiles, sharks and jellyfish may be in those waterways. The activities are provided for your enjoyment and we warn they do involve a potential risk of physical harm.
3.14. By receiving any services we provide you acknowledge the services involve inherent risks and will expose you to the risk of Personal Injury and you voluntarily accept all inherent risks and we shall have no liability for those inherent risks.
3.15. You choose to participate in the activities we conduct and are free to withdraw from any activity if you feel unsafe or are concerned of the risks.
4. Cancellation Policy
Cancellation by TESC
4.1. Tours are subject to TESC management discretion, weather, safety, passenger behaviour and availability.
4.2. In the event of bad weather, providing there is availability, date changes are welcome or in the worst-case scenario, cancellations with full refund.
4.3. The company will refund the full amount of the tour if we must cancel due to unforeseen circumstances. For further information please email: bookings@mattwright.com.au
Cancellation by Passengers
4.4. Cancellations within 30 days of departure will forfeit 50% of the total tour cost.
4.5. Cancellations within 2 to 14 days of departure will forfeit 75% of the total tour.
4.6. No refund will apply to cancellations within 48 hours of departure.
4.7. In the event of passenger illness, with medical certificate, TESC will reschedule the tour.
4.8. When payment is made via credit card, the processing fee from the original transaction will not be returned in case of a refund.
Flight Cancellation by ‘Other’
4.9. TESC accepts no responsibility for any expenses incurred by a passenger as a result of any domestic/international flight delay, reschedules, alterations, poor weather or unscheduled maintenance.
4.10. It is recommended that all passengers take out travel insurance to cover any unforeseen circumstances.
5. Payments
Credit Cards
5.1. Payments made by credit card will incur a surcharge.
5.2. The surcharge incurred is that set by the corresponding financial institution at the time of booking.
5.3. Visa and MasterCard will incur a 1.5% surcharge.
5.4. When payment is made via credit card, the processing fee from the original transaction will not be returned in case of a refund.
5.5. Prices and arrangements may be withdrawn or varied without notice before your booking is confirmed.
5.6. You may be required to pay a deposit or deposits when booking.
5.7. Subject to your rights under the Australian Consumer Law, all deposits are non-refundable for changes of mind or cancellations by you and your deposit is non-refundable unless otherwise specified in the Terms and Conditions.
5.8. A deposit will generally secure your booking however prices quoted may change before you make the final payment for reasons outside our control. We reserve the right to change prices up to the later of:
(a) the day you pay our booking agent’s or our invoice for services in full;
(b) 14 days before a tour commences.
5.9. Final payment is required prior to departure on a tour unless otherwise agreed in writing.
5.10. Some products and/or services must be paid in full at the time of booking and our booking agent will advise you if that is the case.
5.11. To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard if available (and will refund any price difference if the alternative is of a lower value), or a travel credit for the full amount paid by you. Alternatively, subject to the travel service provider’s change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking.
Our Fees
5.12. We have authorised agents to book our services, invoice you for our services and collect payment for our services.
5.13. Payment to our agents shall be deemed to be payment to us.
6. Limitation of Liability
6.1. TESC accepts no responsibility for loss, damage or injury to luggage arising out of or in any way incidental to the service or accommodation provided to the passenger or the transfer of any luggage between a vehicle and/or the vessel and/or aircraft and/or any place of accommodation by events which are beyond our control or which are not preventable by reasonable diligence on our part.
6.2. To the extent permitted by law, neither TESC and its, directors, officers, employees, servants or agents (TESC Team”) accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise of the TESC Team.
6.3. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law).
6.4. To the extent permitted by law, we exclude:
(a) the application of all of the provisions of Subdivision B of Division 1 of Part 3 – 2 of the Australian Consumer Law;
(b) the exercise of a right conferred by such a provision;
(c) any liability for a failure to comply with a guarantee that applies under that Subdivision to the supply of our services.
6.5. The exclusion in clause 6.4 is limited to liability for Personal Injury.
6.6. The exclusion in clause 6.4 does not apply where we are aware, or should reasonably have been aware, of a significant risk that our conduct could result in personal injury and we engage in the conduct despite the risk and without adequate justification.
6.7. TESC shall not be liable for any loss, damage or injury which may arise or be alleged to arise in the event of the cancellation of the service or the abandonment of the service during the course thereof (should TESC or any of its servants or agents in their absolute discretion decide that such abandonment is necessary) or of any deviation or delay in the service arising from any cause whatsoever. In any such event TESC shall not be liable in any way for the cost of any accommodation or for any alternative means of travel which may arise and any additional expense so arising shall be the sole liability and responsibility of the passenger.
6.8. This clause 6 is subject to your rights under the Australian Consumer Law and nothing in these Terms and Conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth) except as excluded under clause 6.4.
7. Modification of Terms
7.1. We reserve the right to modify any of these Terms and Conditions at any time without prior notice.
7.2. If we make changes to any of these terms and conditions, we will post the amended terms and conditions on our website.
7.3. The applicable terms that apply are those in effect at the time you make a booking) with us.
8. Governing Law
8.1. If any dispute arises between you and us, the laws of the Northern Territory will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Northern Territory and waive any right that you may have to object to an action being brought in those courts.
9. Acknowledgement:
9.1. You acknowledge that you are 18 years of age or older and that you understand and agree with the above Terms and Conditions.
10. Additional Information
Tour Coaches
10.1. TESC works in conjunction with other tour operators from time to time, such as charter bus companies.
10.2. TESC will ensure the contracted tour operators are appropriately accredited and have well maintained equipment.
10.3. TESC is not liable for other operator’s acts or omissions, whether negligent or otherwise. Travel and admissions will be subject to the conditions imposed by these operators, which may limit or exclude liability for personal injury or property damage.
Crocodile Enclosures
10.4. Passengers must always listen to the instructions of the TESC Team.
10.5. Passengers must watch the crocodile feeding and demonstration from behind the fence of the enclosure.
10.6. No passengers are to enter the crocodile enclosures, unless a TESC Team is in the enclosure and invites passengers in to have a photo and a TESC staff spotter is on standby.
10.7. TESC is not able to obtain and has no insurance for loss, damage or Personal Injury arising from incidents involving wild crocodiles, captive crocodiles or other wildlife. Passengers enter the crocodile enclosure at their own risk and TESC accepts no liability for any unexpected incidents.
10.8. Passengers are to always stay with the tour group and are not to walk off to other enclosures or other areas in the campgrounds.
Campgrounds
10.9. The TESC campground has shared toilet facilities servicing 15 tents that are equipped for overnight accommodation each with an outdoor shower.
10.10. TESC provides guests with a torch and a fan as there is no electricity in the tents.
10.11. Passengers should zip their tents up on entry and exit to ensure mosquitos and other wildlife cannot get in.
10.12. The TESC pool is elevated off the ground and does not require a pool fence by regulation. Parents must always supervise their children.
10.13. Passengers are not to leave the designated campgrounds without TESC staff supervision as there are wild Buffalo and other animals in the surrounding areas.
10.14. An emergency after hours mobile number is provided to all guests staying overnight night, which enables them to contact TESC staff who live in close proximity to the Campgrounds.
10.15. The camp deck’s licensed bar closes at 10pm and overnight tour guests are not permitted to stay at the communal camp deck with music playing past this time due to noise levels.
Boats and Airboats
10.16. TESC has a houseboat and a fleet of four airboats, two four-seater and two 12-seater airboats, which were custom designed to protect the environment, and improve customer experience.
10.17. All boat and airboat tour guides hold current coxswains’ certificates.
10.18. TESC reserves the right to refuse passengers on the houseboat and airboats, if the tour guide thinks they may pose a safety risk to themselves, other passengers, or our own employees. For example, TESC will not take people out who appear to be drunk and disorderly, under the influence of drugs or exceed the weight limit of 130kg. People with certain medical or physical conditions may also be refused if TESC staff think there is a risk.
10.19. The TESC tour guide will stop the tour and return to land if passengers are not following the instructions provided to passengers in the safety brief such as staying seated whilst in motion and not putting limbs overboard.
10.20. Each passenger is provided with headset style hearing protection for the “louder” parts of the journey.
10.21. Seatbelts are installed on the 12-seater airboats and must be worn.
10.22. Lifejackets are provided on the houseboat and airboat in case of a water emergency.
10.23. Three airboats are in the water every day so there is always a backup airboat on hand.
10.24. The houseboat has a ladder to get from the bottom level to the top level, it is the responsibility of parents with children, to supervise and assist their children going up and down to ladder to ensure they don’t slip and fall.
10.25. Parents are responsible for ensuring their children follow the safety brief provided and for supervising their children whilst on the pontoon and embarking and disembarking the houseboat and airboat to ensure their safe transition.
Aviation
10.26. Aircraft tasked for tourism flights at TESC are provided by Finniss River Helicopters. The aircraft fleet includes three Robinson R44 helicopters and a Bell 206L-4 Long Ranger.
10.27. Seatbelts must be worn, and headsets are provided to all passengers on the flight for ear protection and to communicate with the pilot.
10.28. All passengers that take helicopter flights are subject to the Finniss River Helicopters Terms and Conditions which can be found here (https://finnissriverlodge.com.au/terms-and-conditions/).
10.29. Finniss River Helicopters run helicopter scenic flights as part of the TESC Day Tour and Overnight Tour that we offer.
10.30. TESC staff are involved in the embarking and disembarking of passengers from the helicopters as an agent for the carrier (Finniss River Helicopters).
10.31. Finniss River Helicopters has “Carrier Insurance” for all helicopter operations undertaken including passenger liability insurance, as required by the Civil Aviation (Carriers Liability) Act 1959.
10.32. Services provided by Finniss River Helicopters are outside of TESC’s control.
Scenic Flight Conditions
10.33. All flights are confirmed subject to availability, appropriate passenger weights and weather.
10.34. In accordance with CASA CAAP 235-1 (para.11) all passengers are required to provide full name, accurate weight and baggage details prior to their scenic flight.
10.35. Seat allocation for scheduled flights will be decided based on weight and balance and at the discretion of the pilot to ensure the safe carriage of all passengers.
10.36. The maximum seat weight for the Robinson R44 helicopter is 130kg, passengers over this weight are unable to fly. The combined seat weight for the Robinson R44 helicopter is 280kg so passengers will be allocated their seats according to their weights.
Pre Scenic Flight Check-In
10.37. Before the helicopter scenic flights depart passengers will receive a mandatory safety briefing from the pilot in command.
10.38. Passengers’ names will be crossed off the manifest and will be weighed onsite to ensure their weight given at the time of booking is true and accurate.
10.39. Passengers may be split up from their travelling group based on weight distribution in the helicopter.
Children and Infants
10.40. Children 3 years and above are legally required to be seated in their own helicopter seat.
10.41. Children aged 3 years to 13 years must be accompanied by an adult on all flights.
Scenic Flight Paths
10.42. Finniss River Helicopters will endeavour to deliver the scenic flights described on our website and other collateral.
10.43. Due to pilot discretion, weather, and other operational considerations beyond our control, flight times may vary slightly at times. For these reasons, TESC and Finniss River Helicopters cannot guarantee exact flight times and will therefore not be liable for varying flight times.
These terms were last updated on 18 March 2024.