This document sets forth the terms and conditions (Agreement) between Magpie Tours and users (Client) who engage us to provide guided tours and related services

This Agreement forms a binding contractual agreement between the Client and Magpie Tours.

You acknowledge and agree that you have had sufficient chance to read and understand this Agreement and you agree to be bound by it.

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1. Definitions and Interpretation

1.1. Definitions

In this Agreement:

Magpie Tours or us shall mean Magpie Tours Pty Ltd ACN 691 311 467 or any person acting on behalf of and with authority of Magpie Tours Pty Ltd ACN  691 311 467.

Client shall mean the person or corporation named on any email, quotation, invoice, proof of payment, or any other documentation created by Magpie Tours in relation to an agreement for the supply of Services or any person acting on behalf of and with the authority of the Client.

Fee shall mean the cost of the Services as stated by Magpie Tours from time to time and notified to the Client but subject to clause 4 herein.

Services shall mean all tour Services supplied by Magpie Tours to the Client as described on the Site, invoice, or any other documentation created by Magpie Tours.

Site means our website located at https://MagpieTours.com.au.

1.2. Interpretation

In this Agreement unless a contrary intention is expressed:

(a) the singular includes the plural and the plural includes the singular;

(c) a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this Agreement and a reference to this Agreement includes any clause, annexure, exhibit and schedule;

(d) in this Agreement a reference to any legislation includes all delegated legislation made under it and includes all amendments, consolidations, replacements or re-enactments of any of them, from time to time;

(e) a provision of this Agreement may not be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or the preparation or proposal of that provision.

2. Competition and Consumer Act 2010 (“CCA”) and Fair Trading Act (“FTA”)

2.1. The warranties, conditions, rights and remedies of the Client as outlined in the relevant CCA and the FTA are not intended to be compromised as a result of anything contained in these terms and conditions of trade, except to the degree permitted by those Acts.

3. Acceptance

3.1. Any booking from the Client to Magpie Tours to supply Services, shall constitute acceptance of the terms and conditions of trade contained herein.

3.2. Where two or more entities constitute the Client, all such entities shall be jointly and severally liable for all payments of the Fee arising from the agreement and these terms and conditions

3.3. These terms and conditions of trade become binding upon acceptance and may thereafter only be altered or revoked with the explicit written consent of Magpie Tours.

3.4. Any changes to the Client’s details, including name, address, telephone, email or any changes in ownership structure of the Client must be notified to Magpie Tours within ten (10) calendar days of any such changes taking place.

3.5. Services are supplied by Magpie Tours only on the terms and conditions of trade herein to the exclusion of any document or documents issued by Magpie Tours to the contrary except where such document or documents are explicitly expressed in terms that purport to override these terms of conditions of trade.

4. Fee and Payment

4.1. The Client agrees to pay Magpie Tours any applicable Fee for the Services in accordance with the payment conditions outlined in the web site.

4.2. The applicable Fee which appears on the Site will be the Fee charged from the Client.

4.3. Notwithstanding clause 4.2, Magpie Tours reserves the right to change the Fee immediately in the event

of:

(a) a variation, requested by the Client, to the Client’s order or request; or

(b) a change in the displayed Fees on the Site caused directly or indirectly by unauthorised hacking or similar activities.

4.4. Any variation to the Client’s obligation to pay the Fee in full must be expressly agreed to in writing by Magpie Tours.

4.5. GST and other taxes and duties that may be applicable shall be added to the Fee except when they are expressly included in the Fee.

5. Cancellation and Refund Policy

Magpie Tours Cancellations

5.1. Weather Policy and Unforeseen Circumstances: Magpie Tours may cancel any tour by providing reasonable notice to the Client through the contact method provided, or notification on our website, or notification on our social media and either refund the applicable Fee to the Client or reschedule the tour at the election of the Client. Magpie Tours shall not be liable for any loss or damage whatsoever arising from such cancellation (including but not limited to travel and accommodation expenses) apart from the Fee.

Magpie Tours will cancel walking-based tours in hot weather when the forecast on www.bom.com.au is 37 degrees Celsius or higher. Winter cancellations will be made by Magpie Tours only in exceptional circumstances, and the Client will have the option in either of these instances to either refund the Fee or reschedule the tour.‍

Client Cancellations

5.2. All tours: The Client may cancel a tour booking by providing at least 48 hours’ notice to Magpie Tours through email to LetsGo@MagpieTours.com.au and will be allowed to reschedule the tour, obtain a gift card with the monies paid for future use, or a refund.  If a cancellation is made within 48 hours’ notice, the Client will not under any circumstances be entitled to any refund of the applicable Fee upon the Client’s cancellation of a tour, or a reschedule, or a gift card.

Any reschedule will be allowed once for the Client, who is requested to do so within a reasonable time as judged on a case-by-case basis by Magpie Tours.

5.3. No-shows: If the Client has made no contact prior to the commencement of any tour, and does not attend the tour, the Client will not, under any circumstances, be entitled to any refund of the applicable Fee or rescheduling or gift card.

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6. Expulsion from Tours

6.1. Magpie Tours reserves the right to refuse to provide Services to Clients or expel Clients who impact on the enjoyment or safety of other Clients, Magpie Tours or their suppliers. Examples of such behaviour include, but are not limited to threats, physical or implied violence, a physical inability to participate fully in the tour, mental instability, unsocial behaviour, unruly behaviour, the possession or carriage of alcohol or recreational drugs, and/or disruptive behaviour.

6.2. The Client acknowledges that the tours will be conducted in accordance with a pre-determined schedule and agrees to abide by the same. In the event the Client does not materially abide by the schedule, they will be considered expelled from the tour.

6.3. The Client will not be eligible for any full or partial refunds or credits if the Client is refused entry to a tour or is expelled from a tour pursuant to clauses 6.1 and/or 6.2.

7. Privacy and Collection of Data

7.1. The Client agrees that individual data provided may be used and retained by Magpie Tours for the following purposes and for other purposes as agreed to between the Client and Magpie Tours or required by law from time to time:

(a) Provision of Services;

(b) Providing instruction to subcontractors;

(c) Marketing of Services by Magpie Tours, its agents, distributors, or contractors;

(d) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and

(e) Collection of amounts outstanding in the Client’s account by the nominated collection agent or solicitor of Magpie Tours.

8. General

8.1. Magpie Tours may sub-contract part or all of its obligations under this agreement without the Client’s consent. The Client shall not assign the Client’s reservation on tours without the written consent of Magpie Tours.

8.2. Magpie Tours reserves the right to review these terms and conditions of trade at any time, and if any changes are deemed necessary, the Client will be advised of such changes upon them being made and they shall thereupon immediately become binding upon the Client.

8.3. The Client agrees that by requesting the provision of Services, the Client warrants that they are physically and mentally able to participate in the activities of the Services and further releases Magpie Tours from all claims, suits, and causes of action in the event they are injured during the course of the provision of the Services due to being unable to physically or mentally participate in the activities of the Services.

8.4. The Client warrants that the Client has independently investigated the need for travel and health insurance cover and has adequate travel and health insurance coverage. The Client warrants that the Client has independently investigated concerns directly related to COVID-19, and has adequate understanding of such events prior to booking (including, but not limited to, South Australian health guidelines and information published by Magpie Tours).

8.5. Any goods such as gifts and food samples provided as part of the Services are provided by third parties and Magpie Tours provides no warranties and disclaims any liability in relation to the same. The Client warrants that the Client has independently verified that any food items provided as part of the Services are safe to be consumed by the Client and/or any person the Client may provide the same to.

8.6. The Client consents to any photo/video taken during a tour by Magpie Tours guides or hired photographers to be used for commercial use on social media, websites, flyers, etc promoting Magpie Tours. Any Client on tour will be notified of professional imagery being taken either before the tour or on the day, and will be asked to sign a Talent Release form on arrival.

8.6. If any clauses, provisions, parts, terms or conditions contained in this document are found to be unenforceable for reasons of invalidity, illegality or any other reason, the remaining clauses, provisions, parts, terms or conditions shall not be affected in any way.

8.7. The Client disclaims any right to cancel this Agreement, or to seek compensation for loss or damages arising from any innocent misrepresentation made to the Client by Magpie Tours, or any related corporations of Magpie Tours, and their respective officers, employees, agents and contractors.

8.8. Statements made by Magpie Tours do not constitute professional advice and should not be taken as professional advice. The Client agrees that it is the Client’s responsibility to independently verify any recommendations made by Magpie Tours and its agents and determine to the Client’s satisfaction whether these recommendations should be followed after independent investigation.

8.9. The liability of Magpie Tours to the Client for any reason related to the performance of the Services under this Agreement shall be limited to the amount paid or payable by the Client to Magpie Tours for such Services.

8.10. The guides engaged by Magpie Tours have all been cleared by a Police Background Check. These documents are available by the Client, upon specific request.

8.11. The Client should direct any feedback and/or complaints they have to LetsGo@MagpieTours.com.au and we will endeavour to respond to the same within seven (7) days.

8.12. Where terms of this Agreement are at variance with the order or instructions from the Client these terms and conditions of trade shall prevail.

8.13. This Agreement shall be governed by the laws of South Australia and are subject to the jurisdiction of the Courts of South Australia.