Enhanced Terms and Conditions

Wize Trips Pty Ltd (trading as Ausguides – Explore Australia)

ABN: 89 663 238 328

Effective Date: 01 January 2025
Last Updated: 20 August 2025
Version: V1.0

Important Notice to Customers

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BOOKING ANY TOUR OR SERVICE. BY MAKING A BOOKING, PURCHASING A TOUR, OR PARTICIPATING IN ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions constitute a legally binding agreement between you (the “Customer,” “Guest,” or “you”) and Wize Trips Pty Ltd (ABN: 89 663 238 328) trading as Ausguides – Explore Australia (“we,” “us,” “our,” “Company,” or “Ausguides”). This agreement governs your use of our tour services, website, booking systems, and all related services.

Australian Consumer Law Notice: Your rights under the Australian Consumer Law are not excluded by these Terms and Conditions. Where any term of this agreement would be void, illegal, or unenforceable under the Australian Consumer Law or other applicable legislation, that term is severed and the remainder of this agreement remains in full force and effect.

Not Common Carrier: The Company is not a common carrier and will accept no liability as such. The Company reserves the right to refuse the provision of services to any person at its discretion and without assigning any reason.

1. Definitions and Interpretation

1.1 Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

Booking – any reservation, purchase, or arrangement made for any Tour or Service through any of our booking channels, including but not limited to our website, third-party platforms, phone, email, or in-person arrangements.

Booking Confirmation – the written confirmation (electronic or physical) provided to the Customer following acceptance of a Booking, which includes tour details, dates, times, pricing, and any special conditions.

Claim – means any action, claim, suit, demand, loss, liability, damage or Cost of whatsoever nature.

Cost – means any cost, expense, charge, payment or other expenditure of any nature whether direct, indirect or consequential and whether accrued or paid.

Customer or Guest – any person who makes a Booking, participates in a Tour, or uses any of our Services, including but not limited to the primary booker and all participants in the Tour, and includes any representative, agent, employee or contractor of the Customer.

Dangerous Goods – means goods designated as dangerous by applicable Australian standards and includes but is not limited to goods that are or may become of a dangerous, flammable, radioactive, volatile, explosive, offensive or damaging nature.

Force Majeure Event – any event beyond our reasonable control, including but not limited to acts of God, natural disasters, extreme weather conditions, pandemics, government restrictions, civil unrest, terrorism, strikes, transportation failures, or any other circumstances that make it impossible, illegal, or commercially impracticable to provide the Tour or Service.

Goods – includes all vehicles, luggage, trailers, containers, parcels, packages, equipment for use in connection with storage, handling and/or carriage or otherwise and cargo, goods and items contained therein or thereon, brought or caused to be brought onto any Vehicle or to any meeting point by the Customer.

Itinerary – the planned schedule, route, activities, and arrangements for any Tour, which may be subject to change due to operational requirements, safety considerations, or circumstances beyond our control.

Laws – means the laws of the Commonwealth of Australia and the applicable State or Territory.

Lost Property – means any property left behind on any Vehicle or at any location by a Customer, until such property is claimed.

OTA – Online Travel Agency or third-party booking platform, including but not limited to Viator, Klook, GetYourGuide, TripAdvisor, and any other platform through which our Tours may be booked.

Owner – means the owner of any Goods or Personal Property.

Personal Property – any belongings, valuables, equipment, or items brought by the Customer on any Tour or to any meeting point.

Prohibited Items – items which are prohibited by any applicable Australian law, regulation or order, firearms and weapons of any type, items which are likely to endanger any Vehicle or persons or property, Dangerous Goods, and items reasonably determined to be unsuitable for carriage because they are dangerous, unsafe, or because of their weight, size, shape or character, or which are fragile or perishable.

Service – any service provided by us, including but not limited to Tours, itinerary planning, travel advice, transportation, and any related services.

Subcontractor – means any person with whom we arrange the provision of the Services or any part thereof.

Third-Party Supplier – any independent contractor, venue, attraction, accommodation provider, restaurant, or other service provider that is not directly employed by us but provides services as part of or in connection with our Tours.

Tour – any guided tour, excursion, activity, or travel service provided by us, including but not limited to Blue Mountains tours, Sydney city tours, Bondi Beach tours, wine tasting tours, Canberra tours, Wollongong tours, customized tours, and any outsourced Melbourne tours.

Vehicle – any car, SUV, van, bus, or other transportation provided by us or on our behalf for the purpose of conducting Tours.

1.2 Interpretation

Unless the context otherwise requires: • References to the singular include the plural and vice versa. • References to any gender include all genders. • Headings are for convenience only and do not affect interpretation. • References to legislation include any amendment, replacement, or re-enactment. • Where any provision would be void, illegal, or unenforceable, it shall be severed without affecting the validity of the remaining provisions. • References to “including” or “includes” are not limiting and mean “including without limitation.”

2. Booking Procedures and Confirmation

2.1 Making a Booking

Bookings may be made through various channels including our website, authorized OTA platforms (Viator, Klook, GetYourGuide, TripAdvisor, and others), telephone, email, or in-person arrangements. All Bookings are subject to availability and acceptance by us. We reserve the right to decline any Booking at our sole discretion and without assigning any reason, including but not limited to circumstances where:

The requested Tour is fully booked or unavailable.
The Customer fails to provide required information or documentation.
The Customer’s behaviour or condition may pose a risk to safety or enjoyment of other Customers.
Payment cannot be processed or verified.
The Booking violates any of these Terms and Conditions.
The Customer is suffering from any disease or affliction and is unfit to proceed or is likely to endanger the general health or safety of other persons.
The Customer is suffering from any infectious or contagious disease.
The Customer is or is likely to prove undesirable by reason of alcohol, drugs or otherwise.
The Customer is likely to conduct themselves in such a manner as to cause annoyance or injury to other persons.

2.2 Booking Confirmation and Contract Formation

A binding contract is formed only when we provide written Booking Confirmation to the Customer. This confirmation will include tour details, dates, times, meeting points, pricing, and any special conditions or requirements. Customers must review the Booking Confirmation immediately upon receipt and notify us of any discrepancies within 24 hours.

The Customer acknowledges that tour details, including but not limited to itineraries, timing, and inclusions, may be subject to change due to operational requirements, weather conditions, traffic, venue availability, or other circumstances beyond our reasonable control.

2.3 Customer Information and Accuracy

Customers must provide accurate, complete, and current information when making a Booking, including but not limited to:

Full names of all participants (as they appear on identification documents).
Contact information including phone numbers and email addresses.
Any medical conditions, dietary requirements, or accessibility needs.
Age of all participants, particularly children.
Emergency contact information.

Customers are responsible for ensuring all information provided is accurate and up-to-date. We are not liable for any issues arising from inaccurate or incomplete information provided by the Customer.

2.4 Age Requirements and Restrictions

While we generally welcome guests of all ages, certain Tours may have specific age restrictions or requirements for safety or operational reasons. Children under 18 years must be accompanied by a responsible adult at all times. Children under the age of 12 years will not be carried unless accompanied by an adult. Parents or guardians are fully responsible for the behaviour and safety of minors in their care.

For Tours involving alcohol consumption (such as wine tasting tours), participants must be 18 years or older and provide valid identification when requested. We reserve the right to refuse service to anyone who cannot provide adequate proof of age.

3. Customer Obligations and Warranties

3.1 Customer Warranties and Representations

The Customer warrants and represents that:

When participating in any Tour, they will comply fully with all reasonable requirements and/or directions of, or given by, the Company, its guides, and staff;

All persons for whom the Customer’s booking is made are correctly described as adult or child;

With respect to any Goods or Personal Property:

They have authorized any person who delivers any Goods to or collects any Goods from the Company for and on behalf of the Customer to do so;
They have the authority of the Owner and all persons having an interest in the Goods to agree to these Terms;
They will comply with all applicable Laws, regulations, orders and notifications in force relating to Tours and all conditions and instructions issued by the Company;
The Company does not make any warranty or representation as to the physical or structural state and condition of the Goods or their fitness for the purpose for which they will be used;

They are responsible for managing their own luggage and Personal Property throughout the Company’s provision of the Services;

They will stow all luggage in accordance with the directions of the Company’s staff and will not restrict access to safety equipment or block aisles or emergency exits;

With respect to any Vehicle used during Tours:

Any vehicle specifications provided by the Customer are correct;
No containers of flammable or Dangerous Goods accompany any Vehicle;
They will comply with all safety instructions regarding vehicles;
Any Vehicle is in a fit condition for the Tour and all loose parts, baggage and personal belongings are adequately secured;

They will fully and accurately describe any Goods brought on Tours;

They will give prior written notice to the Company if any of the Goods are Dangerous Goods, high value Goods or require special handling;

They will ensure that any Goods are properly and safely packed and able to be handled in a timely manner so that the Company is not delayed in performing the Services.

3.2 Prohibited Items and Dangerous Goods

The Customer must not carry, whether on their person or contained in any Goods or Vehicle, or otherwise try to bring to any Tour the following Prohibited Items:

Items which are prohibited by any applicable Australian law, regulation or order;
Firearms and weapons of any type, including but not limited to knives, blades, or sharp items of any kind;
Items which are likely to endanger any Vehicle, or persons or property, or items that may become or are Dangerous Goods;
Items reasonably determined to be unsuitable for carriage because they are dangerous, unsafe, or because of their weight, size, shape or character, or which are fragile or perishable.

Authority to Dispose of Prohibited Items: If the Company discovers that the Customer is carrying a Prohibited Item, the Company may do whatever it considers appropriate and reasonable in the circumstances, including disposing of the Prohibited Item without notifying the Customer. The Company will not be responsible for any loss or damage caused to any Prohibited Item if it is brought on a Tour despite being a Prohibited Item.

Dangerous Goods Management: If, in the sole opinion of the Company, Goods subsequently become Dangerous Goods, then the Company may, at the cost of the Customer, destroy, dispose of or render harmless the Goods without prejudice to any of the Company’s rights under these Terms.

3.3 Security and Search Provisions

The Customer agrees that:

The Customer, their Goods, luggage, effects and any Vehicle are subject to search for, and seizure of, Prohibited Items or substances;
The Customer will not be permitted to participate in Tours if they refuse to be searched and/or refuse to allow their Goods to be searched;
Such searches may be conducted at any time during the provision of Services for safety and security purposes.

4. Payment Terms and Pricing

4.1 Payment Requirements

Full Payment Required: All Tours require full payment at the time of booking. We do not offer payment plans or installment options unless specifically agreed to in writing.

Payment Methods: We accept payment through various methods including credit cards, debit cards, bank transfers, and payments processed through OTA platforms. All payments are processed in Australian Dollars (AUD) unless otherwise specified.

Payment Processing: Payments made through OTA platforms are subject to the terms and conditions of those platforms. We are not responsible for payment processing issues, currency conversion fees, or other charges imposed by third-party payment processors or financial institutions.

Additional Charges: The Customer agrees that any additional charges that become payable with respect to Tours must be paid before commencement of the Tour. The Company charges fees based on details supplied by the Customer, and any additional fees that become payable must be paid before the Tour commences.

4.2 Pricing and Inclusions

Tour Pricing: All prices are quoted in Australian Dollars and include GST where applicable. Prices are per person unless otherwise specified and are based on the inclusions specified in the tour description and Booking Confirmation.

Inclusions: Our standard tour inclusions typically include:

Professional tour guide services.
Transportation in our insured vehicles.
Entrance fees to specified attractions (such as Featherdale Zoo, Scenic World, etc.).
Basic refreshments as specified in the tour description.

Exclusions: Unless specifically included in the tour description, the following are not included in the tour price:

Meals and beverages (customers purchase their own food, though we may occasionally provide complimentary coffee).
Personal expenses and shopping.
Travel insurance.
Gratuities and tips.
Additional activities not specified in the itinerary.
Accommodation (for day tours).

4.3 Price Changes and Additional Costs

We reserve the right to adjust prices due to changes in costs beyond our control, including but not limited to fuel price increases, entrance fee changes, government taxes or levies, or currency fluctuations. However, no price increases will be applied to confirmed Bookings unless the increase is due to government-imposed taxes or fees.

Customers are responsible for any additional costs incurred due to their personal choices, delays caused by their actions, or requests for services not included in the standard tour package.

5. Cancellation and Refund Policy

5.1 Customer Cancellations

Cancellation Notice Periods:

48+ hours before tour departure – Full refund available.
24–48 hours before tour departure – Partial refund (50% of tour price).
12–24 hours before tour departure – No refund available.
Less than 12 hours or No-Show – No refund available.

Enhanced Cancellation Provisions: Any cancellation made within 48 hours of the scheduled departure will not be refunded. A failure by the Customer to check-in by the Company’s stated check-in time for a Tour may result in the Company issuing a cancellation charge to the Customer.

Cancellation Process: All cancellations must be made in writing (email acceptable) and acknowledged by us. Cancellation timing is calculated from when we receive and acknowledge the cancellation request, not when the Customer sends it.

Refund Processing: Approved refunds will be processed within 7–14 business days to the original payment method. Refunds for bookings made through OTA platforms are subject to the refund policies and processing times of those platforms.

5.2 Company Cancellations

We reserve the right to cancel any Tour due to:

Insufficient bookings (minimum group sizes not met).
Force Majeure Events.
Safety concerns or dangerous conditions.
Mechanical failure or vehicle unavailability.
Illness of key personnel.
Government restrictions or venue closures.

Refund for Company Cancellations: If we cancel a Tour, Customers will receive a full refund or the option to reschedule to an alternative date, subject to availability.

5.3 Weather Policy and Operational Flexibility

No Weather Cancellations: We operate Tours in all weather conditions and seasons. Tours are not cancelled due to rain, heat, cold, or other normal weather variations. Customers are expected to check weather forecasts and dress appropriately for conditions.

Extreme Weather: In cases of extreme weather that poses genuine safety risks (such as severe storms, flooding, or bushfires), we may modify itineraries or cancel Tours. In such cases, we will offer rescheduling options or partial refunds based on services that could not be provided.

Customer Responsibility: Customers are responsible for checking weather conditions before their Tour and bringing appropriate clothing and equipment. No refunds will be provided for customer dissatisfaction due to weather conditions.

Operational Discretion: Tours may not be provided by the scheduled vehicle, may not depart or arrive at the scheduled times, Services may be suspended or discontinued at the discretion of the Company, and the Company is not liable for damage suffered as a result of the cancellation, suspension, diversion or delay in the departure or arrival of any Tour.

6. Enhanced Liability Limitations and Risk Acknowledgment

6.1 Australian Consumer Law Compliance

Consumer Guarantees: Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantees, rights, or remedies that cannot be excluded, restricted, or modified under the Australian Consumer Law or other applicable legislation.

Liability Limitations: To the maximum extent permitted by law, our liability for any breach of a consumer guarantee is limited to:

For services – supplying the services again or paying the cost of having the services supplied again.
For goods – replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of replacement or repair.

Enhanced Consumer Law Provisions: In so far as the goods or services supplied by the Company are not used for personal, domestic or household purposes, the liability of the Company for failure to comply with a consumer guarantee shall be limited by the Competition and Consumer Act 2010 (Cth) to the remedies specified above.

6.2 Comprehensive Liability Exclusions

Maximum Legal Exclusion: Subject to the Competition and Consumer Act 2010 (Cth) and applicable consumer protection legislation, the Company is not liable for any injury, fatal or otherwise, loss, damage, delay or detention of or to the Customer, their Goods, Personal Property or any animal accompanied by the Customer, from any cause whatsoever, including but not limited to:

Negligence of the Company: Negligence of the Company, its servants, employees, agents, guides, or Subcontractors;
Vehicle Conditions: Mechanical failure, breakdown, or any defect in any Vehicle used for Tours;
Third-Party Actions: Acts, omissions, negligence, or defaults of Third-Party Suppliers, other tour participants, venue operators, or any other persons not directly employed by the Company;
Environmental Factors: Weather conditions, natural disasters, or environmental hazards;
Personal Injury or Death: Except where such exclusion is prohibited by law, personal injury, illness, or death arising from or in connection with Tours;
Property Damage or Loss: Damage to or loss of Customer property, including but not limited to luggage, personal belongings, valuables, electronic devices, and any other items brought on Tours;
Consequential Losses: Any indirect, consequential, or special damages including but not limited to loss of enjoyment, loss of opportunity, travel costs, accommodation costs, or other expenses incurred as a result of Tour cancellation, modification, or other issues;
Operational Issues: Any time prior to, during, or after Tours, including boarding, disembarkation, and all Tour activities.

6.3 Assumption of Risk and Customer Acknowledgments

Voluntary Participation: Customers acknowledge that participation in Tours is voluntary and involves inherent risks that cannot be eliminated regardless of the care taken to avoid injuries or other damages.

Comprehensive Risk Acknowledgment: By booking and participating in any Tour, Customers acknowledge and accept the following risks:

Travel and Transportation Risks: Tours involve travel by various means of transportation including cars, SUVs, and vans on public roads, highways, and various terrain. Risks include but are not limited to vehicle accidents, mechanical breakdowns, traffic delays, and motion sickness.
Activity-Related Risks: Tours may include walking on uneven surfaces, hiking on trails, visiting beaches, climbing stairs, and other physical activities. Risks include but are not limited to slips, trips, falls, cuts, bruises, sprains, and other injuries.
Environmental Risks: Tours take place in outdoor environments including national parks, beaches, urban areas, and various weather conditions. Risks include but are not limited to exposure to sun, heat, cold, rain, wind, wildlife encounters, insect bites, and allergic reactions.

Third-Party Risks: Tours may involve visits to venues, attractions, restaurants, and other locations operated by Third-Party Suppliers. We have no control over the safety standards, operations, or conditions at these locations.
Group Activity Risks: Tours involve interaction with other participants and members of the public. Risks include but are not limited to conflicts, accidents involving other participants, and exposure to communicable diseases.
Animal Interaction Risks: When tours involve or include visits to attractions with animals or wildlife, we cannot guarantee the behaviour of animals. Any interactions with animals are at the customer’s own risk. Customers must exercise caution, follow all safety instructions and stay alert around animals, as animals may behave unpredictably.

Goods at Customer Risk: At all times, all Goods and Personal Property are at the risk of the Customer and not the Company.

6.4 Customer Responsibilities and Safety Obligations

Fitness and Health: Customers must ensure they are physically and mentally capable of participating in the chosen Tour. Customers with medical conditions, disabilities, or special needs must inform us at the time of booking and are responsible for managing their own health and safety requirements.

Following Instructions: Customers must follow all safety instructions, guidelines, and directions provided by our guides and staff. Failure to comply with safety instructions may result in removal from the Tour without refund.

Appropriate Behaviour: Customers must conduct themselves in a responsible and appropriate manner at all times. We reserve the right to remove any Customer whose behaviour is deemed disruptive, dangerous, illegal, or inappropriate, without refund.

Intoxication Policy: We do not accept intoxicated customers on Tours. Customers who appear to be under the influence of alcohol or drugs will be refused service without refund. For wine tasting tours, responsible consumption is expected, and we reserve the right to limit or refuse further alcohol service.

Enhanced Removal Authority: If the Customer is participating in a Tour and is suffering from any disease or affliction and is unfit to proceed or is likely to endanger the general health or safety of other persons, or is suffering from any infectious or contagious disease, or is or is likely to prove undesirable by reason of alcohol, drugs or otherwise, or is likely to conduct themselves in such a manner as to cause annoyance or injury to other persons, the Customer may be restrained, confined, or removed by the Company without notice and without liability to the Company for any consequential damage, loss, expense, loss of time or inconvenience, and the Company shall not be required to repay any portion of the fare paid by any such Customer.

6.5 Comprehensive Indemnification

Customer Indemnification: The Customer indemnifies the Company, its employees, agents, guides, and Subcontractors against all losses, damages, expenses and Costs (on a full indemnity basis and whether incurred by or awarded against any of them) that any of them may sustain or incur as a result, whether directly or indirectly, of any Claim arising out of or in relation to the Goods, Personal Property, the Services, participation in Tours, or these Terms, even in circumstances where the Company has been negligent or breached these Terms, subject only to the limitations imposed by the Competition and Consumer Act 2010 (Cth) and other applicable consumer protection legislation.

Third-Party Claims Protection: The Customer must not make a Claim and must ensure that the Owner of any Goods or Personal Property does not make a Claim against any person (other than the Company) by whom (whether as Subcontractor, employee, agent or otherwise) the Services or any part of the Services are provided, which imposes or seeks to impose upon such person any liability in connection with the Goods, Personal Property, or Services.

6.6 Extension of Liability Protections

Comprehensive Protection Extension: Subject to the Competition and Consumer Act 2010 (Cth), every exemption, exclusion, or limitation in these Terms applicable to the Company or to which the Company is entitled also extends to protect:

All employees, agents, guides, or representatives of the Company or of a Subcontractor;
All Subcontractors engaged by the Company to perform the Services;
All Third-Party Suppliers providing services in connection with Tours;
Every other person or entity by whom the Services are performed or undertaken; and
All persons who are or might be vicariously liable for the acts or omissions of any person falling within the above categories.

The Company is deemed to be acting as an agent on behalf of and for the benefit of all such persons, and all such persons shall be deemed to be parties to the contract contained in these Terms to the extent of the protections afforded herein.

6.7 Insurance and Customer Obligations

Our Insurance: We maintain public liability insurance as required by law. However, this insurance may not cover all circumstances or the full extent of potential claims.

Customer Insurance Responsibility: Insurance will not be arranged by the Company on behalf of the Customer. Customers are strongly advised to obtain comprehensive travel insurance covering personal injury, medical expenses, trip cancellation, and personal property.

Medical Conditions: Customers with pre-existing medical conditions must ensure their travel insurance covers these conditions and must carry any necessary medications or medical equipment.

7. Personal Property and Lost Items

7.1 Customer Responsibility for Personal Property

Sole Responsibility: Customers are solely responsible for the care, security, and safety of all personal property brought on Tours. This includes but is not limited to:

Luggage, bags, and personal belongings.
Electronic devices (phones, cameras, tablets, etc.).
Jewellery, watches, and valuables.
Clothing and personal items.
Money, credit cards, and identification documents.
Medications and medical equipment.

7.2 Enhanced Liability Exclusion for Personal Property

Complete Exclusion: The Company accepts no responsibility and provides no compensation for any personal property that is lost, stolen, damaged, or destroyed during Tours, regardless of the cause. This exclusion applies whether the loss or damage occurs:

In Company vehicles during transportation.
At tour destinations, attractions, or venues.
During activities or while following the itinerary.
Due to weather conditions or environmental factors.
As a result of theft by third parties.
Through customer negligence or accident.
At any time prior to, during, or after Tours.

No Liability for Property Management: The Company is not in any way liable for any loss or damage occasioned by the Customer leaving any property in any Vehicle, at any location, or in the care of any person during Tours.

7.3 Lost Property Management

Enhanced Lost Property Provisions: The Company reserves the right to seek reimbursement from the Customer or Owner of any cost incurred for the return of Lost Property to its Owner.

Disposal Authority: Any Lost Property that is not claimed within 30 days of the date on which the property was left will be considered by the Company to be abandoned and may be disposed of by the Company at its discretion. Should the Company elect to dispose of Lost Property by way of sale, the Company is entitled to retain any proceeds of such sale.

Expedited Disposal: The Company may at its discretion dispose of Lost Property prior to the expiry of 30 days if such Lost Property:

Is of a perishable nature;
May cause injury to the Company or others;
May inconvenience the Company or others;
Poses a safety or health risk.

Storage Fees: The Company may at any time require the Customer to remove Lost Property at the Customer’s own expense, and if the Customer fails to do so within 7 days of such notice, without limiting any other right of the Company, the Customer shall be liable to pay the Company a fee for storage from the date of such notice until the date of removal.

7.4 Security Recommendations and Vehicle Security

Customer Precautions: We recommend that Customers:

Leave valuable items at their accommodation when possible.
Carry only essential items on Tours.
Keep personal belongings secure and attended at all times.
Use hotel safes or secure storage for valuables.
Obtain appropriate insurance coverage for valuable items.
Make copies of important documents and store separately.

Vehicle Security Disclaimer: While Company vehicles may be locked when parked, the Company cannot guarantee the security of items left in vehicles. Customers leave items in vehicles entirely at their own risk, and the Company accepts no liability for theft, damage, or loss of items left in vehicles.

Hand Baggage Restrictions: All hand baggage in excess of those personal items necessary for the duration of the Tour should remain secured and must not restrict access to safety equipment or block aisles or emergency exits.

8. Tour Operations and Enhanced Operational Authority

8.1 Comprehensive Itinerary Flexibility and Changes

Absolute Right to Modify: The Company reserves the absolute right to modify, alter, substitute, or cancel any aspect of a Tour itinerary, including but not limited to:

Route and destinations.
Timing and duration of activities.
Venues and attractions visited.
Transportation arrangements.
Meal stops and break locations.
Accommodation of special requests.
The specific vehicle used for Tours.

Enhanced Operational Discretion: Tours may not be provided by the scheduled vehicle, may not depart or arrive at the scheduled times, Services may be suspended or discontinued at the discretion of the Company, and the Company reserves the right to deviate from any advertised route and proceed, return to, or stay at any location for any purpose at its absolute discretion.

Comprehensive Reasons for Changes: Modifications may be necessary due to:

Traffic conditions and road closures.
Weather conditions affecting safety or accessibility.
Venue closures or operational changes.
Group size and composition.
Time constraints or delays.
Safety considerations.
Force Majeure Events.
Operational efficiency.
Government restrictions or requirements.
Vehicle mechanical issues.
Staff availability.
Any other operational considerations.

No Compensation for Changes: No refunds, compensation, or other remedies will be provided for itinerary changes, delays, cancellations, or modifications made for operational reasons, safety, or circumstances beyond the Company’s control. The Company is not liable for damage suffered as a result of the cancellation, suspension, diversion or delay in the departure or arrival of any Tour.

8.2 Enhanced Tour Duration and Timing Provisions

Approximate Times: All tour times, including departure times, duration, and return times, are approximate and subject to change based on traffic, weather, group dynamics, and other factors beyond the Company’s control. Pick-up and drop-off times are estimates only and may be delayed by traffic, road closures or other circumstances. Customers should allow for flexibility and not schedule time-sensitive commitments immediately before or after their tour.

Punctuality Requirements and Penalties: Customers must arrive at designated meeting points at the specified time. The Company reserves the right to depart without customers who are late, and no refund will be provided for missed Tours due to customer lateness. A failure by the Customer to check-in by the Company’s stated check-in time for a Tour may result in the Company issuing a cancellation charge to the Customer.

Extended Tours: Tours may run longer than scheduled due to traffic, weather, or other circumstances. Customers should not schedule connecting flights, other tours, or time-sensitive appointments on the same day as their Tour.

8.3 Group Composition and Size Management

Group Sizes: Tours accommodate groups from 1 to 11 people. The Company reserves the right to combine bookings to form groups or to cancel Tours that do not meet minimum group size requirements.

Private Tours: All Tours operate as private experiences for the booked group. Customers will not be combined with other unrelated bookings unless specifically agreed to in advance.

Group Dynamics: The Company strives to ensure all customers have an enjoyable experience. However, the Company cannot guarantee compatibility between group members and is not responsible for interpersonal conflicts or dissatisfaction arising from group dynamics.

9. Third-Party Suppliers and Subcontractor Arrangements

9.1 Enhanced Third-Party Supplier Provisions

Subcontractor Authority: The Company and any subcontractor or agent may arrange on any terms for the performance of any Services, or any part thereof, provided by the Company under these Terms.

Melbourne Tours and Third-Party Arrangements: For Melbourne tours and certain other services, the Company acts as an agent for independent Third-Party Suppliers. In these arrangements:

The Company facilitates bookings on behalf of the actual tour operator.
The Third-Party Supplier is the principal service provider.
Separate terms and conditions of the Third-Party Supplier may apply.
The Company is not the principal operator of these services.

Enhanced Liability Limitations for Third-Party Services: The Company’s liability for Third-Party Supplier services is limited to:

Accurate transmission of booking information.
Collection and remittance of payments (less applicable commissions).
Reasonable assistance with customer service issues.

Third-Party Supplier Responsibility: Third-Party Suppliers are solely responsible for:

Delivery of their services according to their own terms and conditions.
Safety and quality of their operations.
Handling of complaints and issues arising from their services.
Their own insurance and liability coverage.
Compliance with applicable laws and regulations.

9.2 Venue and Attraction Arrangements

Independent Operators: Many attractions, venues, restaurants, and other locations visited during Tours are operated by independent Third-Party Suppliers. The Company has no control over:

Operating hours and availability.
Safety standards and procedures.
Quality of facilities and services.
Pricing and policies.
Staff behaviour and service levels.

Entrance Fees and Bookings: While the Company typically includes entrance fees to specified attractions in tour prices, the Company cannot guarantee:

Availability of attractions on the day of the Tour.
Operating conditions or quality of attractions.
Refunds for closed or unavailable attractions.
Alternative arrangements if attractions are unavailable.

9.3 Agency Services and Disclaimers

Free Itinerary Planning and Advice: The Company may provide free itinerary planning services and travel advice as a courtesy to assist guests in designing their travel plans. Such advice is provided for informational purposes only. The Company is not responsible for any loss, damage, inconvenience or additional costs incurred as a result of reliance on itinerary suggestions or travel advice.

Agency Bookings for Flights, Accommodation and Other Tours: On request and for customer convenience, the Company may act as an agent to book flights, hotel accommodation or other tours through third-party providers. In these cases:

The Company facilitates the booking and passes on customer details to the relevant service provider.
The service provider is the principal and is solely responsible for delivering the service.
The booking will be subject to the service provider’s terms and conditions.
The Company is not responsible for the performance, quality or delivery of the services provided by airlines, hotels or other tour operators.
Any issues, claims or disputes relating to those services must be directed to the relevant service provider.

10. Enhanced Customer Conduct and Behavioural Management

10.1 Standards of Behaviour and Enhanced Enforcement

Respectful Conduct: All customers must conduct themselves in a respectful, courteous, and appropriate manner toward:

Company guides and staff.
Other tour participants.
Members of the public.
Staff at venues and attractions.
Local communities and environments.

Comprehensive Prohibited Behaviour: The following behaviours are strictly prohibited and may result in immediate removal from a Tour without refund:

Abusive, threatening, or aggressive behaviour toward any person.
Discrimination, harassment, or inappropriate comments based on race, religion, gender, sexuality, or other characteristics.
Illegal activities including drug use or possession.
Excessive alcohol consumption or intoxication.
Disruptive behaviour that interferes with other customers’ enjoyment.
Damage to property, vehicles, or equipment.
Failure to follow safety instructions or guide directions.
Behaviour that brings the Company into disrepute.
Any conduct that causes annoyance or injury to other persons.

10.2 Enhanced Removal Authority and Consequences

Absolute Right to Remove: The Company reserves the absolute right to remove any customer from a Tour at any time if their behaviour is deemed inappropriate, disruptive, dangerous, or in violation of these Terms and Conditions, without assigning any reason.

Enhanced Removal Provisions: If the Customer is participating in a Tour and is suffering from any disease or affliction and is unfit to proceed or is likely to endanger the general health or safety of other persons, or is suffering from any infectious or contagious disease, or is or is likely to prove undesirable by reason of alcohol, drugs or otherwise, or is likely to conduct themselves in such a manner as to cause annoyance or injury to other persons, the Customer may be restrained, confined, or removed without notice and without liability to the Company for any consequential damage, loss, expense, loss of time or inconvenience, and the Company shall not be required to repay any portion of the fare paid by any such Customer.

No Refund for Removal: Customers removed from Tours for behavioural reasons will receive no refund and will be responsible for their own transportation and any additional costs incurred.

Safety Priority: The safety and enjoyment of all customers and Company staff is the priority. The Company will not tolerate any behaviour that compromises safety or significantly impacts the experience of others.

10.3 Group Management and Departure Policy

Staying with the Group: Customers must remain with the tour group at all times unless specifically authorized by the guide. Unauthorized departure from the group may result in:

Exclusion from remaining tour activities.
No refund for missed activities.
Customer responsibility for their own transportation and safety.

Authorized Departures: Limited departures from the group may be permitted for:

Lunch breaks at designated restaurants.
Individual rides at attractions (such as Scenic World).
Brief shopping or restroom breaks.
Other activities specifically approved by the guide.

Return Requirements: Customers who are authorized to leave the group temporarily must return at the specified time and location. Failure to return on time may result in the Tour continuing without them, with no refund provided.

11. Photography, Marketing, and Privacy

11.1 Photography and Video During Tours

Marketing Photography: The Company regularly takes photographs and videos during Tours for marketing, promotional, and social media purposes. By participating in a Tour, customers consent to:

Being photographed or filmed during tour activities.
Use of their image and likeness in Company marketing materials.
Publication of photos and videos on the Company website, social media, and promotional materials.
Use of images for commercial purposes without additional compensation.

Opt-Out Rights: Customers who do not wish to be photographed or filmed must inform the Company at the time of booking or at the start of the Tour. The Company will make reasonable efforts to exclude such customers from marketing photography, but cannot guarantee complete exclusion in group settings.

11.2 Customer Photography Rights and Restrictions

Personal Photography: Customers are welcome to take personal photographs and videos during Tours, subject to:

Restrictions at certain venues or attractions.
Respect for other customers’ privacy.
Compliance with local laws and regulations.
Safety considerations as directed by guides.

Commercial Use Restrictions: Customers may not use photographs or videos taken during Tours for commercial purposes without the Company’s written consent.

11.3 Privacy and Data Protection

Information Collection: The Company collects and stores customer information including:

Names and contact details.
Age and nationality information.
Payment and booking details.
Emergency contact information.
Special requirements or medical information (if provided).
Communication records and correspondence.

Use of Information: Customer information is used for:

Processing bookings and providing services.
Communication regarding Tours and services.
Safety and emergency purposes.
Legal and regulatory compliance.
Improving services and customer experience.

Information Sharing: The Company does not sell or share customer information with third parties except:

As required for Tour operations (e.g., with Third-Party Suppliers).
As required by law or legal process.
With payment processors and booking platforms.
In emergency situations for customer safety.

12. Enhanced Force Majeure and Extraordinary Circumstances

12.1 Comprehensive Definition of Force Majeure

Force Majeure Events include any circumstances beyond the Company’s reasonable control that make it impossible, illegal, or commercially impracticable to provide Tours or services, including but not limited to:

Natural Events: Earthquakes, floods, bushfires, severe storms, extreme weather conditions, tsunamis, volcanic eruptions, and other natural disasters.
Human-Caused Events: War, terrorism, civil unrest, strikes, labour disputes, government actions, travel restrictions, border closures, and public health emergencies.
Infrastructure Failures: Power outages, communication system failures, transportation system breakdowns, fuel shortages, and other infrastructure disruptions.
Regulatory Actions: Government-imposed restrictions, venue closures, permit revocations, health orders, and other regulatory actions that prevent or restrict tour operations.

12.2 Enhanced Effect of Force Majeure

Suspension of Obligations: During Force Majeure Events, the Company’s obligations under these Terms and Conditions are suspended to the extent that performance is prevented or restricted by the event.

Alternative Arrangements: The Company will make reasonable efforts to provide alternative arrangements or modified services where possible but is not obligated to do so.

Comprehensive Liability Exclusion: The Company is not liable for any losses, damages, or expenses incurred by customers as a result of Force Majeure Events, including but not limited to:

Cancelled or modified Tours.
Additional accommodation or travel costs.
Lost vacation time or opportunities.
Consequential or indirect losses.
Any costs, expenses, or damages of whatsoever nature.

12.3 Pandemic and Health Emergency Provisions

Health Restrictions: The Company will comply with all applicable health orders, restrictions, and guidelines imposed by government authorities. This may require:

Reduced group sizes or capacity limitations.
Health screening or vaccination requirements.
Mask wearing or other protective measures.
Modified itineraries or service delivery methods.
Temporary suspension of operations.

Customer Health Obligations: Customers must comply with all applicable health requirements and must not participate in Tours if they:

Are experiencing symptoms of illness.
Have been exposed to communicable diseases.
Are subject to quarantine or isolation requirements.
Cannot meet health screening requirements.

No Compensation for Health Measures: No refunds or compensation will be provided for Tours that are modified, restricted, or cancelled due to health emergencies or compliance with health orders.

13. Complaints and Dispute Resolution

13.1 Customer Service and Complaints Process

Initial Contact: Customers with concerns, complaints, or issues should first contact the Company directly through:

Email: ask@ausguides.com
Phone: +61 412 898 445
Website: www.ausguides.com
Mail: 7/23 Rosemont St, Punchbowl, NSW 2196

Response Timeframe: The Company will acknowledge complaints within 2 business days and provide a substantive response within 10 business days where possible.

Documentation: Customers should provide detailed information about their complaint, including:

Booking reference numbers.
Tour dates and details.
Specific nature of the complaint.
Supporting documentation or evidence.
Desired resolution.

13.2 Internal Dispute Resolution

Good Faith Resolution: The Company is committed to resolving disputes fairly and in good faith. The internal dispute resolution process includes:

Investigation of the complaint by appropriate personnel.
Review of relevant documentation and evidence.
Communication with customers to understand their concerns.
Reasonable efforts to reach a mutually acceptable resolution.

Escalation Process: If initial customer service cannot resolve a complaint, it may be escalated to senior management for review and decision.

13.3 External Dispute Resolution

Australian Consumer Law Rights: Customers have rights under Australian Consumer Law that cannot be excluded by these Terms and Conditions. If internal dispute resolution is unsuccessful, customers may:

Contact Regulatory Authorities:
Australian Competition and Consumer Commission (ACCC).

State and territory consumer protection agencies.
Tourism industry ombudsman services (where applicable).
Legal Action: Customers may pursue legal remedies through appropriate courts, subject to the governing law and jurisdiction clauses in these Terms and Conditions.
Alternative Dispute Resolution: The Company may agree to participate in mediation or other alternative dispute resolution processes to resolve disputes without litigation.

14. Governing Law and Jurisdiction

14.1 Applicable Law

These Terms and Conditions are governed by and construed in accordance with the Laws of New South Wales, Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

14.2 Exclusive Jurisdiction

Exclusive Jurisdiction: The courts of New South Wales, Australia have exclusive jurisdiction over any disputes arising from or relating to these Terms and Conditions or the provision of the Company’s services.

Submission to Jurisdiction: By booking the Company’s services, customers submit to the exclusive jurisdiction of the New South Wales courts and waive any objection to proceedings in such courts on the grounds of venue or inconvenient forum.

14.3 International Customers

Foreign Law: These Terms and Conditions apply regardless of the customer’s country of residence or the laws of their home jurisdiction.

Currency and Language: All transactions are conducted in Australian Dollars, and these Terms and Conditions are written in English. Any translations are for convenience only, and the English version prevails in case of discrepancy.

15. Enhanced General Provisions

15.1 Entire Agreement

These Terms and Conditions, together with any Booking Confirmation and any additional terms specified at the time of booking, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.

15.2 Amendments and Modifications

Right to Amend: The Company reserves the right to amend these Terms and Conditions at any time. Amendments will be effective immediately upon posting on the Company website or notification to customers.

Existing Bookings: Amendments will not affect existing confirmed Bookings unless required by law or for safety reasons.

Customer Notification: The Company will make reasonable efforts to notify customers of material changes to these Terms and Conditions.

15.3 Severability

If any provision of these Terms and Conditions is found to be void, illegal, or unenforceable, the remaining provisions will continue in full force and effect. Any void, illegal, or unenforceable provision will be deemed severed from these Terms and Conditions.

15.4 Waiver

No Waiver by Conduct: The Company’s failure to enforce any provision of these Terms and Conditions or to exercise any right or remedy does not constitute a waiver of that provision, right, or remedy.

Written Waiver Required: Any waiver must be in writing and signed by an authorized representative of the Company.

15.5 Assignment

Customer Assignment: Customers may not assign, transfer, or delegate their rights or obligations under these Terms and Conditions without the Company’s written consent.

Company Assignment: The Company may assign, transfer, or delegate its rights and obligations under these Terms and Conditions to any related entity or successor in business.

15.6 Survival

Provisions of these Terms and Conditions that by their nature should survive termination or completion of services will survive, including but not limited to liability limitations, indemnification clauses, dispute resolution, governing law, and general provisions.

15.7 Interpretation

Headings: Section and paragraph headings are for convenience only and do not affect the interpretation of these Terms and Conditions.

Inclusive Language: References to “including” or “includes” are not limiting and mean “including without limitation.”

Business Days: References to days mean calendar days unless specified as business days. Business days exclude weekends and public holidays in New South Wales, Australia.

16. Tickets and Reservations

16.1 Ticket Validity and Restrictions

Ticket Ownership: Any booking confirmation or ticket issued to the Customer is the property of the Customer and is not transferable under any circumstances without the Company’s written consent.

Company Obligations: The Company is not obliged to:

Carry any person without a valid booking confirmation or ticket;
Replace or refund any issued ticket that is lost, stolen, damaged or destroyed.

Validity Period: A booking confirmation or ticket is valid for the period stated therein.

Reservation Requirements: A booking confirmation entitles the Customer to the Services only at the time and date specified in the booking confirmation or, alternatively, at the time for which the Customer has made a reservation with the Company. The Company reserves the right to refuse to provide the Services to the Customer at a time and date that is not the subject of the Customer’s reservation.

17. Contact Information and Customer Service

17.1 Company Contact Details

Wize Trips Pty Ltd
Trading as: Ausguides – Explore Australia
ABN: 89 663 238 328

Email: ask@ausguides.com
Phone: +61 412 898 445
Website: www.ausguides.com
Mail: 7/23 Rosemont St, Punchbowl, NSW 2196

17.2 Emergency Contact

During Tours: In case of emergency during a Tour, customers should contact emergency services (000) immediately and then notify the Company guide or emergency contact number.

18. Enhanced Acknowledgment and Acceptance

By making a booking, purchasing a tour, or participating in any of the Company’s services, you acknowledge and warrant that:

You have read and understood these Terms and Conditions in their entirety.
You agree to be bound by all provisions of these Terms and Conditions.
You understand the risks associated with tour participation and accept those risks.
You acknowledge that tour activities may involve physical exertion and potential hazards.
You confirm that you are physically and mentally capable of participating in the chosen tour.
You understand the Company’s cancellation and refund policies.
You accept full responsibility for your personal property and belongings.
You consent to photography and use of your image for marketing purposes (unless you opt out).
You understand that the Company acts as agent for certain third-party services.
You acknowledge that these Terms and Conditions may be amended from time to time.
You warrant that all information provided is accurate and complete.
You agree to comply with all reasonable directions and safety instructions.
You acknowledge the Company’s enhanced liability exclusions and indemnification requirements.
You understand that the Company is not a common carrier.
You accept that Services may be modified, cancelled, or suspended at the Company’s discretion.

Important Safety Reminder: Tour activities involve inherent risks. Customers participate at their own risk and are responsible for their own safety and well-being. The Company strongly recommends obtaining comprehensive travel insurance before participating in any tour.

Australian Consumer Law: Your rights under Australian Consumer Law are not excluded by these Terms and Conditions. For more information about your consumer rights, visit www.consumerlaw.gov.au.

Final Authority: These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements, representations, and understandings. The Company’s rights and protections under these Terms extend to all employees, agents, subcontractors, and related parties involved in service delivery.

ABN: 89 663 238 328
Effective Date: 01 Jan 2025
Last Updated: 20 August 2025
Version: 1.0

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