1          Application

These Terms and Conditions (“Terms”) govern all bookings made with Wildflower Travel Pty Ltd (“Wildflower”, “we”, “us”, or “our”) (ABN 46 694 445 853). By using our website or services, or by making a booking, you agree to be bound by these Terms. These Terms are governed by the laws of the State of New South Wales, Australia and comply with Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies your rights under applicable laws that cannot be excluded. 

2          Our Role as a Tour Operator

2.1        Wildflower

Wildflower is a tour operator that designs, curates, and operates the tours advertised on our platform. We contract directly with local guides, accommodation providers, and transport operators (“Suppliers”) to deliver the services outlined in your itinerary.

2.2        Contract

Your booking constitutes a direct contract between you and Wildflower for the provision of the tour package. While we engage third-party Suppliers, we accept responsibility for the proper provision of the tour services as described in your itinerary, subject to the limitations of liability set out in these Terms.

3          Bookings, Payments & Pricing

3.1        Deposits & Confirmation

To confirm a booking, you must pay a non-refundable deposit of 20% of the total trip price. Deposits secure your place but do not guarantee the tour’s operation. Your booking is only confirmed once you receive written confirmation from Wildflower. Some tours require a minimum number of participants to operate. We will advise you promptly if minimum numbers are not met (see Clause 4.4).

3.2        Final Payment

The final balance is due 60 days before the tour departure date. Bookings made within 60 days of departure require full payment at the time of booking. Failure to pay the final balance by the due date may be treated as a cancellation by you, and the cancellation fees in Clause 4 will apply.

3.3        Payment Methods

Payments are to be made via the methods specified on our website or invoice (including, but not limited to Stripe, bank transfer). You are responsible for any bank or transaction fees incurred.

3.4        Pricing

All prices are quoted in AUD and include GST unless otherwise stated. Prices are based on costs, exchange rates, and tariffs at the time of publication. Wildflower reserves the right to adjust prices due to significant fluctuations in exchange rates, fuel surcharges, or government-imposed taxes or fees up to 14 days before departure.

4          Cancellations & Changes

4.1        Cancellation by You

All cancellations must be made in writing to Wildflower. The following cancellation fees apply, unless expressly written otherwise:

(i)   More than 60 days before departure: Loss of deposit.

(ii)  Between 59 and 30 days before departure: 50% of the total tour price.

(iii) Less than 30 days before departure: 100% of the total tour price.

4.2        Changes by You

Requests to transfer your booking to a different departure date or another person are subject to availability and an administrative fee of AUD $150, plus any additional costs imposed by Suppliers. Such requests must be made in writing and are not permitted within 30 days of departure.

4.3        Cancellation or Changes by Wildflower

We reserve the right to modify an itinerary due to local conditions, safety concerns, or Supplier changes: in such situations, we will make reasonable endeavours to provide an equivalent alternative. We reserve the right to cancel a tour due to low enrolment, Force Majeure, or safety concerns. If we cancel a tour (except due to Force Majeure), you will receive a full refund of all monies paid. Wildflower is not liable for any incidental expenses you may have incurred (e.g., non-refundable flights).

4.4        Force Majeure

(i)   Neither party shall be in breach of these Terms as a result of, or liable for any Loss suffered, to the extent that the breach or Loss is wholly or partially caused, directly or indirectly, by a Force Majeure Event.

(ii) In such cases, Wildflower will endeavour to offer alternative arrangements or a credit note for a future tour. Refunds for services not yet rendered will be processed where possible, but are not guaranteed if Suppliers do not refund us.

5          Itinerary

Whilst we endeavour to operate our tours in accordance with the itineraries advertised in the tour details (Itinerary), you acknowledge that certain details of the Itinerary (including schedules, timeframes, and activities) are subject to change, including due to factors such as availability, number of participants, inclement weather, local circumstances or events and other matters outside of Wildflower’s control. We will endeavour to provide as much prior notice as possible of any changes to the itinerary; however, this is not always possible.

6          Tour Details & Participant Responsibilities

6.1        Inclusions & Exclusions

Your tour includes services as specified in your final Itinerary (e.g., accommodation, meals as listed, transport within the tour, activities led by our guides, permits). It explicitly excludes international flights, visas, travel insurance, meals not specified, optional activities, gratuities, and personal expenses.

6.2        Fitness & Health

Our tours involve physical activity, remote travel, and can be at high altitudes. You warrant that you are in good health, possess a sufficient level of fitness to undertake your chosen tour, and have disclosed any pre-existing medical conditions to us in the required health questionnaire. We reserve the right to decline or remove any participant whose condition, in our reasonable opinion, could affect their health, safety, or enjoyment, or that of others, without refund.

6.3        Conduct

You agree to comply with the authority of the Wildflower guide and local laws. Wildflower may terminate your participation without refund if your behaviour is deemed to endanger safety, disrupt the tour, or violate laws. You are financially responsible for any damage you cause.

7          Passport, Visa and Travel Requirements

7.1        Passport & Visa responsibility

You are solely responsible for ensuring you have a valid passport (more than six (6) months remaining), as well as arranging all required visas and travel documentation (including but not limited to vaccination or medical certificates) as required by the relevant government authorities of each in-transit and destination country.

7.2        Information provided by Wildflower

Wildflower may assist in providing general information on visa and passport requirements; if provided, this information is supplied in good faith and for guidance only. Each traveller is solely responsible for independently confirming any visa, passport and other travel requirements, including by checking government advice (such as Smartraveller). 

7.3        Document provision

If requested by Wildflower, by no less than fourteen (14) days prior to departure, you must provide Wildflower with a copy of your passport, relevant visa/s and any other required travel documents. You authorise Wildflower to share these documents with its insurer and any other third parties who are directly connected with Wildflower, and for the purpose of facilitating the tour service/s.

8          Travel Insurance

8.1        Insurance requirement

Due to the nature of adventure travel and the above cancellation policies, it is a mandatory condition of booking that you obtain comprehensive travel insurance covering cancellation, medical expenses, evacuation, repatriation, and personal liability. Proof of insurance may be requested prior to the tour departure. Wildflower is not liable for any losses you incur that could have been covered by insurance.

8.2        Fitness for purpose

You are solely responsible for ensuring the comprehensive travel insurance you have obtained is fit for purpose and covers you in the country that you are intending to travel to.

9          Travel Advice and Warnings

9.1        Individual responsibility

You are individually responsible for obtaining general travel information and advice in connection with the in-transit and destination countries included in their Itinerary, including contacting their country’s department of foreign affairs and alert website (such as Smartraveller).

9.2        Government advisories

The Australian Government, in conjunction with other worldwide government bodies may, from time to time, issue travel advice and advisory warnings to passport holders not to travel to certain countries in certain circumstances. Wildflower reserves the right to vary an Itinerary or cancel a tour service where the Australian Government has issued a Government Advisory warning or ‘Do Not Travel’ advice in respect of a country on any Itinerary. Where a tour is cancelled in accordance with this clause, Wildflower will endeavour to process refunds for services where possible but are not guaranteed if Suppliers do not refund us.

10      Liability and Assumption of Risk

10.1     Australian Consumer Law (ACL)

Our services come with guarantees under Australian Consumer Law (ACL) that cannot be excluded. Our liability for failure to comply with a consumer guarantee is limited to (at our option) resupplying the services or paying the cost of resupply.

10.2     Limitation of Liability

To the fullest extent permitted by law, Wildflower, its directors, employees, and agents exclude all liability for any Loss, damage, or expense (including indirect or consequential Loss) you may suffer in connection with:

(i)   The acts, omissions, or negligence of any Supplier;

(ii)  Any injury, illness, or death;

(iii) Loss or damage to baggage or personal items;

(iv)  Changes, delays, or cancellations due to a Force Majeure Event.

Our maximum aggregate liability to you is limited to the amount paid by you for the tour.

10.3     Assumption of Risk

You acknowledge that adventure travel involves inherent risks, dangers, and potential for personal injury or death that may be beyond our control. These include, but are not limited to: accidents during activities, altitude sickness, unpredictable weather, vehicle breakdown, and the limited medical facilities in remote areas. By booking, you voluntarily assume all such risks.

10.4     Indemnity

You agree to indemnify Wildflower against all claims, costs, and expenses arising from your breach of these Terms, your negligence, or wilful misconduct during the tour.

11      Privacy

We collect and handle your personal information in accordance with our Privacy Policy, available on our website. This includes collecting sensitive health information for your safety. By booking, you consent to this collection and to us sharing necessary information with our guides and Suppliers for operational purposes.

12      Governing Law & Disputes

These Terms are governed by the laws of the state of New South Wales, Australia. Any dispute shall first be subject to mediation. If unresolved, proceedings may be brought in the courts of that state/territory.

13      General

These Terms, along with your booking form, health questionnaire, signed waiver, and final itinerary, constitute the entire agreement. No amendment is valid unless in writing and signed by Wildflower. If any clause is invalid, the remainder of the Terms remain in effect.

14      Definitions

(i) Activities means all travel, tours, excursions, adventures, experiences, and services arranged, provided, or facilitated by Wildflower in connection with your booking, whether before, during, or after the tour. This includes, but is not limited to:

• All forms of transport (including vehicle, boat, aircraft, animal, or on foot);

• Trekking, hiking, walking, or climbing;

• Camping, overnight stays, and accommodation of any kind;

• Water-based activities (including rafting, kayaking, sailing, swimming);

• Animal-based activities (including horse riding, camel riding, or similar);

• Cultural visits, homestays, and community engagements;

• Meals, tastings, and culinary experiences;

• Any recreational, adventure, or sporting activities offered or undertaken;

• All associated logistics, briefings, instruction, guiding, and support services.

(ii) Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

(iii A Force Majeure Event means any occurrence or omission outside a party's reasonable control and includes acts of God, a physical natural disaster, natural catastrophes, war or other state of armed hostilities, insurrection, riot, civil commotion, act of public enemies, terrorist act, fire, explosion, national emergency, declaration of martial law, breakdown of communication facilities, generalised lack of availability of raw materials or energy, epidemic, pandemic or quarantine, outbreaks of infectious disease or any other public health crisis, restriction, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency, law taking effect after the date of these terms and conditions, other governmental acts or omissions, strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party's contractors.

(iv) Loss means loss, damage, liability, penalty, fine, charge, expense, outgoing, payment or cost of any nature or kind, including all legal costs.

(v) Privacy Policy means our policy provided on our website, in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).