1. Our contract
Battle of the Buccaneers (“BoB” in these conditions) is an event organised by Cornish McKeon Ltd Pty T/A TukTuk Rental (“TTR”, “us” and “we” in these conditions) . By registering for the BoB you automatically agree with the terms and conditions used by www.tuktukrental.com and the Booking Conditions contained within this document. To refer to a copy of the TukTuk Rental terms and conditions please use this link.
This contract is between TTR and the client, (“the client” and “you” in these conditions) as participants of the BoB. By booking a spot for BoB with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis.
2. Deposit requirement
When you book for the BoB you are required to pay a non-refundable deposit of $100 per person for your booking to be confirmed and for your position to be secured. If your booking is made within 60 days of the starting date then the full amount is payable.
3. Acceptance of booking and final payments
If we accept your booking we will issue a confirmation of payment. A contract will exist between the Client and TTR from the date we issue the confirmation of deposit payment. Please refer to your booking confirmation invoice for details regarding final payments.
Payment of the balance of the trip price is due 60 days before the departure date. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled.
4. Your details
In order for us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.
Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.
5. Cancellation by the traveller
If you cancel some or all portions of your booking, cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation.
If you cancel a trip:
– 60 days or more prior to BoB start date, we will retain the deposit;
– between 30 and 60 days prior to BoB start date, we will retain 50% of the total booking cost;
– 30 days or less prior to BoB start date, we will retain 100% paid by you in connection with the booking.
You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave BoB for any reason after it has commenced we are not obliged to make any refunds for unused services.
If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.
6. Cancellation by us
We may cancel BoB at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary.
If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs.
We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
7. Age & Health requirements
A minimum age of 18 at the time of travel applies. We have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.
In order to rent a vehicle in Mexico at least one member of your team, the driver, will need to be at least 21 years of age. Rental rates become more favorable if the driver will be at least 25 years of age.
8. Passport and visas
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the country which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip.
It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
9. Travel insurance
Travel insurance is mandatory for all our clients and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation.
We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. Further, we recommend that it covers you for driving both cars and motorcycles. You must be able to provide your travel insurance policy number and the insurance company’s 24 hour emergency contact number on the first day of your trip; you will not allowed to join the trip without these details.
If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
11. Authority on tour
BoB is run by BoB leaders. The decision of a BoB leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. Decision made by a BoB leader about challenges are uncontested.
If you fail to comply with a decision made by a BoB leader, or interfere with the well-being or mobility of the group, the BoB leader may direct you to leave the trip immediately, with no right of refund. You must at all times comply with the laws, customs, foreign exchange and drug regulations of Sri Lanka.
12. Acceptance of risk
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
13. Limitation of liability
We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
– any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in BoB, or any breach of the Booking Conditions, is excluded; and
– you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in BoB; and
– any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
14. Optional activities
Optional activities not included in the BoB price do not form part of the trip or this contract. You accept that any assistance given by a BoB leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
15. Claims & complaints
If you have a complaint about your trip please inform a BoB leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.
16. Photos and marketing
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
18. Applicable law
The laws of Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with BoB or these Booking Conditions must be initiated in the courts of Australia.
19. Registered address
Cornish McKeon Pty Ltd T/A TukTuk Rental
8/60-62 Albatross Ave, Mermaid Beach, QLD 4218, Australia