Terms and Conditions
The shoreline and outside waters of Kangaroo Island’s North coast are effected by ever changing weather pattens and sea conditions, and is not a waterway that is conducive to boating everyday or on any given day. We treat it as a privilege to live and work in such a wild place and trust you will understand that we treat comfort and safety of our clients, ourselves and our vessel Radikal above running a tour in unfriendly seas. Please respect our knowledge of this coastline’s weather patens if we cancel any tour even if you are at the boat ramp eager to hit the water.
Our goal at RADKI is to make your time with us as enjoyable, exhilarating, exciting and fun as possible. In achieving this however, certain not so entertaining wording has to occur (according to all those in the know legally), so below are those not so fun words, sentences, paragraphs and legal jargons. We know hardly anyone will ever read the below, albeit it is a very important read, however if you feel inclined to, once again apologies for the abruptness as it does not in anyway reflect the friendly critters and staff that you will share your day/s with here at RADKI.
General Terms And Conditions
Research and Discovery Coastal Tours Kangaroo Island (R.A.D. KI) reserves the right to alter itineraries due to unforeseen circumstances as the need arises. This may be due to adverse weather, mechanical failure or any other operational conditions. Wherever possible, an alternate itinerary will be offered, and if this does not suit the tour will be refunded in full.
R.A.D. KI has the right to cancel any tour in the event that a minimum group number is not attained or adverse natural conditions occur in which case any money paid by you will be refunded in full.
R.A.D. KI does have discretion to withdraw from or curtail any person’s participation in any tour or activity, which due to their mental or physical condition, is such as to render them incapable of caring for themselves or become objectionable to other passengers or they become a hazard to other passengers or themselves.
The traveller and R.A.D. KI agree that a binding tour contract incorporating these terms and conditions will be formed when R.A.D. KI confirms the travellers bookings, which it will do on receipt of the deposit or tour cost.
When dealing with nature there are definitely no guarantees of interactions or even sightings. We are dealing with wonderful, impulsive and unpredictable creatures that travel within a wild and unpredictable coastline. Although on most tours you will see an array of incredible wildlife.
On occasion, there are events that occur at sea that are beyond our immediate control that may have an impact on the tour, without the tour being cancelled. At all times safety is our main priority and an unforeseen equipment breakdown or the weather conditions may prevent us from out normal operations.
All rates are valid for the period 01 Nov 2022 to 31 March 2023.
In booking a tour, the traveller:
Accepts the physical risks involved in the tour
Must not commence the tour if they are unfit or become unfit to participate in the tour by reason of ill health or injury
Is responsible for the safekeeping against loss and protection against damage of all personal effects of the traveller
Must make certain that travel arrangements to Kangaroo Island allow for flight or ferry cancelations or rescheduling.
Is not required, but we strongly suggest the traveller takes out travel insurance covering tour cancellations, inability to travel or continue the tour for any reason, loss or damage of personal effects, medical, evacuation and repatriation and accidental death or disability
Must inform R.A.D. KI staff of any food allergies
Must not arrive drunk or drug effected.
Follow crews orders while boarding and onboard the vessels.
Is responsible for the security of their parked vehicle and contents while on tour with RAD KI.
Prepare for the tour by bringing the following:
Camera with extra batteries
Suitable boat shoes
Warm preferably weather proof clothing
Swimmers, wetsuits, mask, snorkel and towel
Sea sick medication taken prior to the trip if prone to sea sickness
R.A.D. KI RESPONSIBILITIES
In accepting a tour booking, R.A.D KI agrees to:
Maintain liability and indemnity insurance to cover the liabilities of travellers (travellers are advised to rely upon their own travel insurance in almost all instances where injury, loss or damage is suffered to themselves or their effects)
Maintain boats, licenses and permits necessary to carry out travel arrangements
Provide sufficient customer care and service throughout selected itinerary
Due to the nature of our tours, we will lock all booking in ‘on trust’. Three days prior to departure we will require %100 payment once the tour is confirmed. A reservation will lapse if the traveller does not pay. The price payable by the traveller is GST inclusive, unless otherwise stated. Payment can be made as a Direct Deposit into our nominated bank account and we do accept most credit cards. Please note that credit card transactions will incur a 1.5% bank fee. American Express is not accepted.
R.A.D. KI reserves the right to cancel all tours based on the skipper’s decision. Full refunds apply if we cannot get you on a latter boat tour.
Covid 19 Cancellations
This applies to those only affected by the Coronavirus Disease (COVID-19) and pertaining to a travel ban from their origin country into Australia or due to interstate border closures and intrastate lockdown.
If the traveller/s have to cancel within 14 days prior to the travel date then a full open credit and options to reschedule will be provided. This means any deposit and monies paid will be used for future credit for touring/packages with R.A.D KI.
In the event of not being able to reschedule for future touring, a full refund will be paid.
Considerable care has been taken to compile the information on our website and brochures, but circumstances may necessitate changes. Itineraries are subject to change or cancellation without notice.
It is unlikely that a tour would be cancelled, however R.A.D. KI have the right to cancel tours with less than 3 passengers if deemed necessary unless the tour is a private charter.
R.A.D. KI is a 7.33m Zodiac that is surveyed for 8 passengers and 2 crew.
Personal Travel Insurance is strongly recommended and encouraged for all tours, to cover loss of deposit, airfares, accommodation charges, medical expenses, loss or damage to personal property and repatriation expenses.
The insurance policy should also cover loss arising from the passenger’s inability to travel due to any reason whatsoever. Please note that it is the passenger’s own responsibility to arrange insurance.
R.A.D. KI will not be held responsible for any personal injuries or loss, damages or expenses of property or to a person travelling.
Tours operate from October 01 to May 01 except on Block Out Dates listed. Tours can operate on block out dates and out of season, however surcharges may apply.
Block Out Dates
Travellers should make all complaints directly to R.A.D. KI in writing or verbally immediately after the event leading to the complaint to give R.A.D. KI the opportunity to investigate or remedy the complaint. R.A.D. KI will not accept responsibility for complaints received more than 14 days after an event leading to a complaint occurs.
LIABILITY, RESPONSIBILITY, LIMITATION AND JURISDICTION:
R.A.D. KI is not responsible for the actions, defaults or negligence of any travel providers it engages for the purposes of the tour except where the loss or damages arises from a specific direction given by R.A.D KI to those providers. Travellers should direct all claims to those providers and be aware that they are bound by the conditions of travel or accommodation imposed by those providers.
The traveller is responsible for all loss or damage arising through his or her own fault. R.A.D. KI will not be liable for any illness, injury or death sustained on a tour by reason of the traveller’s medical condition. R.A.D. KI will not be responsible for and the traveller releases R.A.D. KI from any liability arising out of any medical condition suffered by the traveller during the tour or as a consequence of the tour.
The traveller indemnifies and holds harmless R.A.D. KI and its employees and suppliers against all actions, proceedings, claims, demands, expenses and costs (including legal costs on a full indemnity basis and whether directly incurred by or awarded against R.A.D KI) as a result of or arising in relation to, whether directly or indirectly, the traveller booking or participating in the tour or any act or omission by the traveller in relation to the tour.
To the maximum extent permitted by law, all implied conditions and warranties regarding the provision of services by R.A.D. KI under these terms and conditions are excluded. R.A.D KI’s liability in relation to any non-excludable conditions or warranties is limited to (at R.A.D KI’s option) either delivering the services again or paying the cost of providing similar services again. In any event, R.A.D. KI’s total liability under this Agreement (including for loss or damage to baggage, compensation for distress, disappointment and loss of enjoyment) will be limited to the amount of the tour price actually paid by the traveller to R.A.D. KI. To the maximum extent permitted by law, R.A.D. KI excludes and the traveller releases R.A.D. KI from all other liability, including without limitation any consequential or special damages or costs, arising directly or indirectly from or in relation to the services provided in accordance with these terms and conditions.
Any booking shall be subject to and construed in accordance with the laws in force in South Australia and the parties agree to submit to the jurisdiction of the courts of South Australia.