Once the Operators confirm your booking, a contract is made between you and the Operator under the Terms and Conditions set out below. Your statutory rights as per Australian Consumer Law are not affected by the Terms and Conditions and are at all times superior to these Terms and Conditions. For bookings of more than one guest, participant or passenger, the Lead Guest will be deemed to have accepted the terms and conditions on behalf of all guests within that booking. The Lead Guest is the guest who makes the booking on behalf of a group of 2 or more guests and is listed as Lead Guest on the booking. From here forward: ‘the Operator’ refers to Fit City Tours and other parties states in Clause 10; ‘you’ or ‘your’ refers to all persons named on the booking, or added at a later date.
Clause 1 - Booking and Acceptance
1.1 The Operator accepts the booking on the understanding that a deposit or full payment has been made and held by either the Operator, or by an authorised Travel Agent or Online Travel Agent on behalf of the Operator. Bookings made via fitcitytours.com.au, runningtours.com.au, runandsee.com.au are considered to be booked with the Operator directly.
1.2 On confirmation of your booking, subject to availability, the Operator will reserve your place on the selected Tours. It is your responsibility to ensure the accuracy of your booking including tour, dates, times and meeting points. For bookings on multiple guests, this is the Lead Guest responsibility. A contract is only made between you and the Operator upon confirmation of your booking via email titled ‘Booking Confirmation’.
1.3 Upon confirmation of your booking you will receive an email advising such, and details of your Tour and any notes relevant to the conducting of your Tour. An e-ticket will be generated. There is no requirement to print this out.
1.4 In order to reserve your place on a tour the tour must be paid in full via approved methods.
1.5 All Tours are non-transferable meaning you cannot give or sell the ticket to another person. Identification may be required.
1.6 All Sales are final and non-refundable unless under Conditions stated in Clause 2.
Clause 2 - Conditions of Tour, Cancellations and Changes
2.1 - It is your responsibility to arrive on time at the meeting point of the Tour. In the event that you are delayed, please contact us via email or by phone. You may be advised to meet the Tour at an alternative location. If you and your party are the only group on the Tour then your Tour Guide will wait for you, however, the Tour distance may be shortened. Your Tour Guide will attempt to SMS or call you should you not arrive after 5 minutes of the designated start time.
2.2 - After 15 minutes, if there is no communication and you have not arrived at the start time, the Tour is deemed to have been cancelled by you. No refunds will be permitted in this instance.
2.3 - The Operator is not liable for Tours that return later than the specified time. The Operator will use its best efforts to ensure that departure and return times are met.
2.4 - Fit City Tours will only process cancellations and refunds in accordance with Clause 2.5 for tours that are booked directly through fitcitytours.com.au. Bookings made via third parties are subject to that third parties' cancellation policies which may or may not differ from Fit City Tours.
2.5 - Cancellation Fees: Free Cancellation with 100% refund is available to all guests up until 24 hours prior to tour departure. Within 24 hours of the tour departure, a 100% fee will apply. There are no fees to reschedule your tour. To cancel or reschedule your tour, follow the directions in your confirmation email.
2.6 - Reschedule Fees: Up until 8pm the night prior to your tour departure, there are no fees for rescheduling your tour. After 8pm the night prior to departure, it may not be possible to reschedule.
2.7 -Where a deposit has been made on a booking and the booking is cancelled by you, or in the instance that payment is not received by the Operator or authorised Travel Agent by the due date, no refund of the deposit will be applicable. In some instances it may be possible to transfer your deposit to another Tour or Package.
2.8 - For Private Group, Personalised and Corporate Group Tours and Packages: specific cancellations fees apply to these tours. The Operator will confirm with you the non-refundable deposit amount prior to booking. Any cancellation fees incurred by us as a result of cancelled accommodation, meals, attractions and other aspects of your private tour will be passed on to you.
2.9 - Should you change your Tour to another Tour, no refund will be given for Tours of lesser value. For Tours of greater value you will be invoiced the difference plus any Credit Card fees incurred.
2.10 - If a reason for your cancellation is covered under your insurance policy then you may be able to make a claim under that policy.
Clause 3- Fitness to participate and your responsibilities
3.1 - The Tours offered involve physical exercise, primarily the act of running, walking or hiking. There may be walking involved. By booking a Tour you accept that you are medically fit to participate in such activities. You accept to not hold the Operator liable for any injuries, or death, incurred or caused during the Tour unless such injury is due to carelessness or negligence on the Operator's behalf.
3.2 -The Tours are designed to be beginner level and the difficulty listed on each Tour may be considered different for some people. The Operator will not be held liable if you do not agree with these difficulty labels.
3.4 -The Tours have been designed for guests aged 18 years and over. Although children are permitted on our Tours they must be accompanied by an adult guest. No discounted children’s pricing applies.
3.5 - Guests with disabilities are always welcome on our Tours. Please contact the Operator ahead of your scheduled Tour so that the Operator can tailor your Tour for you. Guests with disabilities who require carers may bring their carers along. Whilst the Operator will do their best to ensure your requests are met, there are some limitations and we cannot guarantee that we will be able to cater to your every need.
3.6 - You agree to comply with the local laws of where our Tours are conducted. Failure to comply with the law will result in you being asked to leave the Tour and/or the Tour cancelled.
3.7 - You agree that the Operator, their employees or authorised third parties, may photograph or video you throughout the Tour. These may be used on the Operator's website, brochures, flyers, social media and other advertising, publicity, media and publications of the Operator without obtaining additional consent or payment in respect to any photography and videos.
3.8 -You agree that the Operator may use any comments, reviews, feedback whether given to us directly or not that may provide in regards to your tour for the purposes of media, publicity and marketing without obtaining additional consent or payment in respect to any comments, written or verbal.In the operation of our Tours there are times where the Operator and their employees must make decisions that may otherwise impact the safety, wellbeing and enjoyment of guests and staff on the Tour. You agree to follow all reasonable direction of the Operator. Should you not wish to comply with these directions you will be asked to leave the Tour and no refund will be applicable.
3.9 - The Operators, their employees and service providers do not tolerate any form of verbal or physical abuse, harassment or discrimination. Any person threatening or abusing the Operator, their employees, personnel, service providers or other guests on the Tour will be asked to leave the Tour immediately and no refund will be applicable.
3.10 -You are responsible for looking after your own belongings that you may take with you on a Tour. The Operator is not liable for belongings that are lost, damaged or stolen whilst on a Tour.
Clause 4 - Local Tours and Activities
4.1 - Activities purchased via the Operator are subject to the Terms and Conditions of the local operator.
Clause 5 - Insurance
5.1 - Although the Operator is a fully insured company, no travel insurance is included as part of any Tour.
5.2 - The Operator recommends that you take out travel insurance, or health insurance if you are an Australian resident, in the event of injury. Ambulances in Australia are expensive and should you need one, you will be required to pay for it. For this reason we recommend travel insurance or suitable health insurance or Ambulance membership cover.
5.3 - The Operator is not liable should you not have suitable insurances in place and something happens on your Tour.
Clause 6 - Changes by the Operator
6.1 - From time to time the Operator may need to alter the tour or alter you booking for reasons including operational, logistical, health and safety and for other reasons. You accept that the tour may be changed or altered without notice.
Clause 7 - Weather Conditions
7.1 - In general all tours will run to schedule except:
7.1.1 - In the event of thunderstorms and lightning occurring prior to a tour commencing then the tour may be postponed by up to 30 minutes. After 30 minutes if the thunderstorm and lightning has not passed then the tour will be deemed cancelled and guests will offered a rescheduled tour or a refund. If the tour has commenced then the tour will stop at a cafe until the thunderstorm passes. The tour may be shortened in this instance. No tour will commence or re-commence until 30 minutes after the last sight of lightning.
7.1.2 - In the events of flood a tour will be re-routed or altered.
7.1.3 - In the event of a code red fire day or high temperatures, tours that operate in National Parks will be cancelled, with options to reschedule or refund. City tours will continue to operate where safe.
7.2 - In the event of a tour being rescheduled or cancelled we will contact you at the earliest time possible with options that may include rescheduling or refunding.
Clause 8 - No Smoking, Drugs or Alcohol Policy
8.1 - No participant may smoke, take drugs or drink alcohol while on tour. No participant may start a tour while under the influence of drugs or alcohol. Refunds will not be given for breaches of this clause. Some tours may conclude with alcoholic drinks served and these will be served at a licenced venue.
Clause 9- Dispute Procedures
9.1 -Disputes should be made to the Owner via email firstname.lastname@example.org.
Clause 10 - Contracting Parties
10.1 The contracting party is the operator listed below and with the guests named on the booking forms. In Melbourne, the operator may be either Fit City Tours or Running Tours Melbourne. In Sydney, the operator may be either Fit City Tours or Running Tours Sydney.