North Star Safari Pty Limited Terms & Conditions
(updated May 2025)
Parties and Agreement
1.1. These terms and conditions form the agreement between North Star Safari Pty Limited ABN 90 680 903 191 (referred to as ‘us’, ‘we’, ‘our’ or ‘company’) and the person making a booking with us, whether for themselves or on behalf of others (referred to in this agreement as ‘you’, ‘your’ ‘client/s’ or ‘traveller/s’).
1.2. The travel services are referred to in this agreement as ‘trips’ or ‘tours’. We offer trips or tours on the terms set out in this agreement.
1.3. If we accept your booking, this agreement constitutes the binding agreement between us and the traveller/s, and you agree to the terms and conditions in this agreement on making a booking with us. A booking is made when we have:
1.3.1. received payment of the deposit for each traveller(s) in your party, and
1.3.2 provided you with confirmation of your booking.
Payment for trips
2.1. A deposit of 20% is required in order to confirm the client’s travel arrangements and a place on our tour. This deposit is used to pay for hotels, tickets, bookings and other arrangements made on your behalf. The deposit is non-refundable.
2.2. Payment instalments, including the final balance, will be specified in the documents in relation to the relevant tour, and payable no later than the due date. The final balance is required 60 days prior to the commencement of your tour. Failure to make your final payment may result in the cancellation of your booking and loss of any payments made to date. We reserve the right to charge a late payment fee in the event of late payments to cover any additional expenses.
2.3. Should the payments not be received by the due date, trip availability and/or arrangements for the client cannot be guaranteed, and is subject to fees as prescribed by us or our suppliers.
2.4. If a booking is made within 60 days of the tour start date, payment in full is required at the time of booking.
2.5. To the extent any of the tour components (including accommodation, travel and meals) are supplied by third parties (such as ticket agencies and aggregators, cruise operators, land activities, entertainment venues, museums, galleries, hoteliers and the like), referred to as ‘third party suppliers’ in this agreement, we act as your agent in acquiring those services and activities from the third party suppliers. Those services and activities may be subject to separate terms and conditions specified by the third-party suppliers (including limitation and exclusion of liability), and by making a booking with us, you accept the third-party suppliers’ terms and conditions in respect of services and activities provided by them.
2.6. If for any reason (other than due to something that is our fault) any third-party supplier is unable to provide the services for which you have contracted, your rights are against that third party supplier and not against us.
Transaction details
3.1. The price of trips includes all details as set out in our agreement with you, and any other documents in relation to the relevant tour.
3.2. All amounts are in Euros (€), unless otherwise stated.
3.3. If you choose to pay in another currency other than Euros (€), the applicable exchange rate of the day of payment (selected by us, acting reasonably) will be applied.
3.4. Traveller/s hereby accept and are solely responsible for any and all exchange rate fluctuations (from Euros (€)) and/or transaction fees imposed by their financial institution. Please refer to your financial institution for more details. You accept that until amounts are paid in full, these amounts are subject to fluctuation in exchange rates.
3.5. You are responsible for the merchant fees in relation to payments by credit card or other payment platforms (e.g., PayPal, Stripe etc), which we will advise at the time of payment.
Amendments and Cancellation Policy
4.1. Please take time to read these conditions carefully as these apply to all bookings. You must take out a comprehensive travel insurance policy that provides adequate cover in the event of a trip cancellation, amongst other things (see ‘Travel Insurance’).4.2. These are our general conditions which will apply unless otherwise stated. If your trip is subject to special cancellation/refund terms, those terms will be specified in your itinerary or other documents relating to the relevant tour) and will override our general conditions to the extent of any inconsistency.
Amendments
4.3. Any changes and/or cancellations must be requested in writing (which we will assess and action at our discretion).
4.4. Amendments may attract a fee, which will be advised accordingly.Cancellations
4.5. Should you decide to cancel your trip, our cancellation policy is:
4.5.1. 61+ days prior to the commencement of your trip: a full refund (less the deposit, which is non-refundable).4.5.2. 31 to 60 days prior to the commencement of your trip: 50% refund (less the deposit, which is non-refundable).
4.5.3. 0-30 days prior to the commencement of your trip: no refund will be provided (this includes ‘no-shows’)
4.6. In addition, to the extent that any third parties have cancellation charges, that amount will be added to the cancellation fee. This includes any third-party charges that are non-refundable. We will also charge you any other reasonable administrative costs in respect of the cancellation to the extent they are not covered by the non-refundable deposit.4.7. We reserve the right to cancel trips at any time prior to the trip’s starting date. Should this occur, we will notify you, and will issue a refund or apply a credit towards future trips at our discretion.
4.8. In the event that trips are cancelled by us due to circumstances beyond our control, such as to those listed under Force Majeure, we will provide you with a refund for any recoverable costs by us. Refunds cannot be provided for any unrecoverable costs.
4.9. In the event that a trip is cancelled, we are not liable for any of your associated costs, refund or damages, such as airfares, passport and/or visa fees, reservations, vaccinations etc. For this reason, you are required to have comprehensive travel insurance.
4.10. To the extent any refunds are payable, the refund will be calculated on the price quoted in Euros (€). Any exchange rate fluctuations are at your sole risk should you choose to receive refunds in any currency other than Euros (€). This includes any refunds being paid to you in Australian dollars (AUD) which will be converted into AUD at the applicable exchange rate on the day of payment (selected by us, acting reasonably).
Unused Portion of the trip
5.1. Should you choose not to participate in or take up any portion of an event, activity or arrangement that is included on the trip, no further refund or compensation will be provided to you. This includes any unused activities or services (including meals, late arrivals, early departures or missed days). You will be responsible for any costs and/or arrangements for any alternate event, activity or arrangement that you choose to participate in that is not included in the trip.
5.2. There will be no refund or compensation in the event that part or all of your trip/tour is unused including, but not limited to, due to you being refused entry/exit by border officials, you being required to quarantine or a supplier denying you services (including if you display symptoms of, or have tested positive with, an infectious disease).
5.3. All participants of the tours we operate must obey the laws and regulations of the countries visited and any failure to do so will relieve us of all obligations that we may otherwise have, including any part of the tour which is unused due to your breach of local laws.
Special Needs
6.1. It is each traveller’s responsibility to inform us, no later than at the time of booking the tour, of any special needs they have, such as dietary requirements, allergies, mobility issues, visual and/or hearing impairments. You must declare the true nature of any such issue and make arrangements for the provision of any support, medication or other items which may be required during the tour. Failure to make such disclosure will constitute a breach of this agreement and may result in that persons being excluded from the tour in which case no refund will be provided for the monies paid.
6.2. We will aim to accommodate any special needs, however this cannot be guaranteed.
6.3. It is possible that additional costs will be imposed by our suppliers, in order to cater to special needs.
Personal Requirements
7.1. It is a condition of participation in any trip that:
7.1.1. On independent trips, traveller/s must be 18 years or older, or be accompanied by their legal guardian.
7.1.2. On our group tours, traveller/s must be 18 years or older. In the event that in our discretion we accept travellers on our group tour who are under the age of 18, the traveller must be accompanied by their legal guardian.
7.2. You acknowledge that you have no known condition that could create a hazard to yourself, accompanying travellers, company staff and/or our suppliers, such as but not limited to, physical, mental or other conditions or disabilities, other than those declared to us.
7.3. Most of our tours require a moderate level of fitness. However, on certain tours, or in certain seasons, or because of the nature of the tour, certain tours will require an above moderate or challenging level of fitness, as described in the documentation relating to the relevant tour. For the overall benefit of the group, at the time of booking you must declare in writing that you are fit to participate in your chosen tour according to the level of fitness required for that tour.
7.4. If there are any doubts about your level of fitness, you may be required to undergo a medical appraisal (including your medical practitioner reading the itinerary of your chosen tour). In such case, you must provide a written confirmation of your ability to participate (including confirmation from your medical practitioner, if we require confirmation).
7.5. We reserve the right to remove any traveller/s from any trip if it is deemed that they are responsible for hazards or detrimental impact to themselves, accompanying travellers, company staff and/or our suppliers, or others.
Itinerary
8.1. Inclusions and exclusions for any given trip will be specified in your itinerary or other documentation relating to the relevant tour.
8.2. We reserve the right to cancel or amend aspects of the programme, including activities, the sequence of the itinerary, supplier products, or guides, without prior notice. This may occur for various reasons, including due to safety or comfort factors, adverse weather conditions, or to enhance your travel experience.
8.3. In the event that there is an unscheduled, unavoidable or unexplained cancellation or disruption outside our control, to the extent possible we will endeavour to identify the reason and provide a suitable substitute of comparable value to the best of our ability within the given time frame and conditions at hand. If no alternative arrangement of comparable value is available, we will substitute the best alternative available and will refund you for any cost saving (or charge you for any additional costs incurred, which to the extent possible we will seek your consent for any additional costs before incurring them).
8.4. In these circumstances, no further refund or compensation will be provided to you.
Travel insurance
9.1. Comprehensive travel insurance is compulsory and must be put in place at the time of booking.
9.2. Obtaining adequate insurance is the sole responsibility of each traveller. It is the responsibility of each traveller/s to ensure that the policy provides adequate coverage for all relevant risks, including personal accident, death, medical expenses, repatriation, emergency evacuation, personal liability, loss of luggage, personal effects, flight cancellations etc.
9.3. You must provide us with proof of your travel insurance policy, together with emergency telephone numbers of your insurance company and your next of kin emergency contact at least 60 days before the commencement of the tour.
9.4. It is your responsibility to understand the details of your travel insurance policy, and to ensure that your travel insurance covers all optional and included activities listed in your tour or trip.
Passport and visa entry
10.1. It is your sole responsibility to ensure that you have a current passport with a validity of at least 6 months beyond your return date.
10.2. It is your sole responsibility to ensure that you hold the correct travel documents including visas and/or re-entry visas for your entire trip (including for any transit points).
10.3. You are responsible for any costs related to obtaining a valid passport and/or visa for the trip.
10.4. Traveller/s accept sole liability if they are refused entry to any country for any reason, or stay beyond the legal length of stay pertaining to their visa, or for any onward travel and/or destinations.
Limitation of liability
11.1. To the extent that our services come with guarantees under the Australian Consumer Law which cannot be excluded, these guarantees include that the services:
11.1.1. will be provided with due care and skill;
11.1.2. will be reasonably fit for the specified purpose; and
11.1.3. will be provided within a reasonable time to the extent within our control.
11.2. We are not liable for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by you or third parties, or failure to complete bookings when that failure is due to circumstances beyond our control.
11.3. Apart from the rights you have that cannot be lawfully excluded, we shall not be liable for any inconvenience, delay, loss, death, injury or damage to you or your belongings or otherwise, including any loss or damage caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party suppliers, Force Majeure or otherwise.
11.4. To the extent we have any liability in respect of the tours that is subject to international conventions which limits compensation payable in the case of air travel, rail travel, sea travel or hotel accommodation, then such compensation is limited to the amount set out in the provisions of, respectively, the Warsaw Convention as amended by the Hague Protocol 1955, the 1974 Athens Convention and the 1962 Paris Convention, and in relation to any other items, is limited to the amount actually paid for the relevant component of the tour.
11.5. Our acceptance of any liability under this clause 11 is subject to assignment by you to us of your rights against any agent, supplier or subcontractor which is in any way responsible for the unsatisfactory arrangements.
11.6. You accept that medical services and/or administrative facilities may not be readily available or accessible during some or all of the time during the trip, however, should there be the need, we endeavour to assist to the extent we are reasonably able.
11.7. You agree, as a condition of this agreement, that in no event will we be liable for consequential loss or punitive damages in any circumstances, notwithstanding any law to the contrary.
11.8. We have no liability to you for any loss of or damage to your valuables (including cash, negotiable securities, precious metals, financial instruments or works of art), luggage, any perishable items, medicines, or other items.
11.9. To the extent that we have any liability under this agreement, no claim can be made against us for the personal injury, illness or death of any traveller, and any such claim will be forfeited and released, unless written notice of the claim with full particulars is given within 6 months from the date when such personal injury, illness or death occurred, and in no event may any claim with respect to personal injury, illness or death be maintainable, and any such claim is forfeited and released, unless court action, suit or proceedings are commenced within one year from the date when the personal injury, illness or death occurred.
11.10. It is a condition of this agreement that to the extent that we have any liability under this agreement, any claim for loss or damage must be notified to us in writing within 30 days from the day the tour finishes, and any court action, suit or proceeding must be brought no later than one year from that date. If you fail to comply with either of these conditions, we will be forever released and discharged from all claims, suits, actions or proceedings relating to or arising out of or in any way connected with the relevant tour and we will be discharged from all liability whatsoever, including any liability for negligence.
11.11. The provisions of this clause 11 are also subject to the third-party suppliers’ terms, conditions and limitations. To the maximum extent permitted by law, we do not accept responsibility or liability for matters for which the third-party suppliers are liable (which will be dealt with in accordance with the third-party suppliers’ terms, conditions and limitations), and you must (to the extent appropriate) make any claim directly against those third parties.
11.12. You must not bring any claims or actions against our employees, officers, agents and subcontractors. If you bring such a claim or action in breach of this agreement, you agree to indemnify us and the person against whom the claim or action is made against the consequences of that claim or action. You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents and subcontractors, and each of these persons is deemed to be a party to the contract for the purpose of entitling each of them to enforce, have the benefit of and rely upon this agreement.
Optional Activities
12.1. Should you opt to participate in any activities or events that are not included in our itinerary you do so at your own risk, and thereby accept all and any liability.
12.2. We make no representation about the safety, standard or quality of any independent operator or third-party suppliers.
12.3. Should one of our tour leaders or local representatives provide any assistance in the participation of any such non-trip activities or events, travellers release us for any and all liability, including but not limited to, any injury, loss or damage to person or property, death, delay or inconvenience.
Exiting Trips
13.1. In the event that you must exit the trip for emergency personal and/or extenuating circumstances, we endeavour to assist to the extent we are reasonably able. If costs can be recovered, we will issue a refund to you to the extent applicable for the relevant recovery.
13.2. We reserve the right to remove any traveller/s from a trip at any time for any reason, such as due to threatening, disruptive, abusive, obscene, discriminatory, disorderly, unsafe or criminal behaviour, including where that behaviour is directed at any of our personnel, accompanying travellers, third party suppliers, local community or others.
13.3. If the traveller is required to exit the trip, no refund will be provided, and the traveller/s accept sole responsibility and liability for any and all costs and arrangements for their return journey.
Complaints
14.1. If you have a complaint about any of the tour arrangements, you must bring it to our attention (including by notifying the tour leader or our other representatives) at the time so that we may use their best endeavours to rectify the situation. It is only if we are made aware of any problems that there will be the opportunity to put things right. Any complaints must be made in writing within 28 days of the completion of the tour.
Force Majeure
15.1. We will not be liable for any failure or delay in performing our obligations in a trip that is due (directly or indirectly) to events beyond our control (referred to as ‘Force Majeure’).
15.2. Force Majeure is defined to include acts of God, accident, riot, war, threat of war, terrorist act, advice against travel from any government including the Australian Department of Foreign Affairs and Trade (DFAT) and any changes to that advice, nuclear disaster, epidemic, pandemic, Covid 19, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, adverse weather conditions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion and generalised lack of availability of raw materials or energy, technical or other maintenance problems with transport, changes imposed by cancellation or rescheduling of flights or other transport, or any other events beyond our control which we or our third party suppliers could not, even with due care, foresee or avoid.
15.3. Should your travel arrangements need to be postponed due to Force Majeure such as border closures or official travel advisory regulations/restrictions, we will provide you with as much flexibility as we are afforded from third parties, noting that we have no control over supplier policies. You will have the following options:
15.3.1. You may nominate that any monies paid be held in credit, and then applied to a new booking at a later date. (Please note that any rescheduled trips will need to be re-costed for the new dates, which may result in a higher or lower costing. This will be clearly communicated at the time of rescheduling).
15.3.2. You may request a refund of any monies paid. We will provide you with a refund for any recoverable costs by us. Refunds cannot be provided for any unrecoverable costs (including any non-refundable deposit or merchant fees. For this reason, you are required to have adequate comprehensive travel insurance).
15.4. Any credit provided to you under this agreement is available and valid for 36 months from the date of issue.
Media Use
16.1. Travelers hereby acknowledge and consent that by participating on our trips that any media in which they have been photographed, videoed or recorded can be published on our platforms.
16.2. Travelers grant us an irrevocable, worldwide, royalty free, perpetual license and give us permission for that content to be used for promotion of our company.
Governing law
17.1. Any agreement made under this agreement are governed by the laws of NSW, Australia.
17.2. Any claim or matter arising under, or in connection with, such agreement will be done so under the non-exclusive jurisdiction of the laws of NSW, Australia.
General
18.1. This agreement may be amended only by a document signed by the parties.
18.2. References to the word 'include' or 'including' and provisions of examples (including examples referred to as 'such as') are to be interpreted without limitation.
18.3. A waiver of a provision of or of a right under this agreement is binding on the party granting the waiver only if it is given in writing.
18.4. A waiver is effective only in the specific instance and for the specific purpose for which it is given.
18.5. We may subcontract any of our obligations under this agreement without notice (but remains responsible to you for ensuring those obligations are met).
18.6. If any part of this agreement is unenforceable, this will not affect the enforceability of any other part of the provision or any other provision deemed invalid, that part will be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
18.7. Where this agreement is entered into by a person on your behalf, that person represents and warrants that he or she has the authority and power to enter into this agreement on your behalf and to bind you to this agreement, and must inform any such persons of this agreement and the obligation to comply with them.
18.8. We may set off without any notice to you any amounts owed by you to us under this agreement. You may not set off any amount you owe to us under this agreement.
18.9. Unless this agreement expressly provides otherwise, a party may give or withhold an approval or consent in that party's absolute discretion and subject to any conditions determined by the party.
18.10. Subject only to your rights under this agreement, we may assign, transfer or otherwise deal with all or any part of our rights or obligations under this agreement without your consent. You must not assign, transfer or otherwise deal with any of your rights under this agreement without our prior written consent.
18.11. This agreement contains everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this agreement was entered into.