1 day
Learn about the deep connection the Wadandi people have to the Cape to Cape region with this Kaya Cape experience around the Naturaliste Lighthouse.
Our Kaya tour is wheelchair accessible and begins with a ‘Welcome to Country’. Your guide will escort you on short (200m round trip) walk around Cape Naturaliste Lighthouse, where you are surrounded on three sides by oceans, interpreting the landscape to you through the eyes of an indigenous custodian.
Next, gather at a private Meeting Place for an interactive experience with an artefact interpretation and a didgeridoo music session.
This tour departs from Cape Naturaliste Lighthouse precinct; 1267 Cape Naturaliste Road, Naturaliste.
For groups with more than 10 guests, a gourmet bbq with native food tastings is available as a lunch or dinner option for a total of $115 per person.
Clean Travel Pty Ltd (ABN:83 630 291 913) trading as Clean Travel (hereafter referred to as “Clean Travel”, “we”, “us”, or “our”) provides an online platform that connects ethical tour operators who have knowledge and experience with a particular travel destination or activity with Travellers seeking to experience such destinations and activities (collectively with the Site and Application (each as defined below), the “Services”).
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This cancellation must be done by sending an email to booking@cleantravel.org with the name of the tour you want to cancel and for the reason. Cancellation of transfers, pre and post accommodation, optional tours, single supplements are treated differently where if the cancellation is made before 31 days prior to departure we will provide a full refund of those costs. However, if cancellation is made within 31 days to departure 100% of these costs will be forfeited. Cancellation of permits will result in the costs being 100% forfeited. Neither Clean Travel nor the operators selling their tours on Cleantravel.org offer or pay any discounts or refunds for missed or unused services which were missed or unused by the traveller due to no fault of Clean Travel, or operators working with Clean Travel, which shall include any termination of the traveller’s participation in the tour due to the traveller’s own fault, negligence or breach of these Terms. All traveller complaints about their experience on tour will be passed onto the tour operator’s team to resolve. Clean Travel is committed to working with tour operators to achieve a high level of service. If the response time and/or response quality of the tour operator however continue to fall below acceptable timing and quality despite our working together to rectify any issues, Clean Travel reserves the right to remove the operators’ tour listings from cleantravel.org Marketplace, Affiliate websites, Mobile Apps and remove any Applications provided by us.
If an Operator cancels a confirmed booking made via the Services, (i) Clean Travel will refund any Payment for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and (ii) the Traveller may receive an email or other communication from Clean Travel containing alternative Listings and other related information. If the Traveller requests a booking from one of the alternative Listings this will be treated like a new group tour booking. If an Operator cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from Clean Travel, please contact Clean Travel at info@cleantravel.org
Certain Group Tours may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Operator has the discretion as to whether the weather conditions will prevent the Group Tour from taking place. As an Operator, if you need to cancel an Group Tour for reasons of inclement weather, you must contact the Traveller and Clean Travel (at booking@cleantravel.org) as early as possible. Subject to the Traveller’s consent, the Operator and the Traveller may choose to reschedule the Group Tour for another date. If the Group Tour cannot be rescheduled, as a Traveller, please contact Clean Travel so we may assist in finding a replacement, non-weather-dependent Group Tour. For clarity, in the event the alternative Group Tour is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Group Tour is of a lower price, you may be entitled to a partial refund for the difference. As a Traveller, if you have contacted Clean Travel as provided above and Clean Travel is unable to find you a replacement Group Tour, Clean Travel may refund the Payment for such booking to the Traveller within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Clean Travel cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
As part of the Services, Clean Travel may provide a feature through which Travellers may view prices for various Listings in foreign currencies. You understand and agree that these views of prices are for informational purposes only and may not be the official local price for the Operator’s Listings. If you (as a Traveller) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of the Payment, if your booking is confirmed by an Operator. The currency in which you will be charged may be determined by Clean Travel based on the payment method you select and the location of the Group Tour in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Operator to receive payment, Clean Travel will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Clean Travel has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”).
You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Clean Travel would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Clean Travel would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Clean Travel makes payment to an Operator.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Group Tours; “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Clean Travel Traveller or Operator; offer, as an Operator, any Group Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Tours as an Operator if you are serving in the capacity of an agent for a third party); offer, as an Operator, any Group Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one Clean Travel Account or register for a Clean Travel Account on behalf of an individual other than yourself; contact an Operator for any purpose other than asking a question related to a booking, such Operator’s Group Tours or Listings; contact a Traveller for any purpose other than asking a question related to a booking or such Traveller’s use of the Services; when acting as a Traveller or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to Clean Travel, without Clean Travel’s prior written approval (for clarity and without diminishing any of Clean Travel’s rights to enforce these Terms, Clean Travel may cancel such offending Member’s Clean Travel Account, permanently block such Member from access to the Service, and take any legal action Clean Travel deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing); use automated scripts to collect information or otherwise interact with the Services; use the Services to find an Operator or Traveller and then complete a booking of an Group Tour transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Clean Travel’s provision of the Services; as an Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour; post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame any portion of the Services, or any individual element within the Services, Clean Travel’s name, any Clean Travel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Clean Travel’s express written consent; access, tamper with, or use non-public areas of the Services, Clean Travel’s computer systems, or the technical delivery systems of Clean Travel’s providers; attempt to probe, scan, or test the vulnerability of any Clean Travel system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Clean Travel or any of Clean Travel’s providers or any other third party (including another user) to protect the Services or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
See Clean Travel’s Privacy Policy and for information and notices concerning Clean Travel’s collection and use of your personal information.
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of Austria and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of Clean Travel and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, Clean Travel grants you a limited, non-exclusive, non-transferable license to (i) access and view any Clean Travel Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Clean Travel or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Clean Travel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. Clean Travel does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Clean Travel the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Clean Travel’s use of the Member Content (or any portion thereof) on, through or by means of the the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to US $25,000.
Clean Travel’s Friends with the World referral program allows Travellers to earn Clean Travel Travel Credits for every non Clean Travel customer you refer that makes a qualified booking with Clean Travel. There is no limit to the amount you can earn over the lifetime of your participation across all referrals, but you can only earn a maximum of one referral credit from each person you refer. You must be eligible to accumulate and redeem Travel Credits and maintain a Clean Travel account in good standing, to be eligible to earn Travel Credits.
To participate, refer friends who are not currently Clean Travel members and who have never booked a tour with Clean Travel by sending them your personal invite link, available in your member’s area on the Site. If the New User clicks your unique invite link (or enters your invite code) and books directly with Clean Travel using your 5% discount, Clean Travel will deposit 5% of your friends’ tour value on the day your friend books the tour, to your Clean Travel Account. You must be signed into your Clean Travel account to use your Travel Credits. These credits can be used to book any tour directly with Clean Travel. Travel Credits are non-refundable. On cancellation of a tour, any Credits used for a booking will form part of your lifetime deposit guarantee. If you cancel a tour, any Credits held in your Clean Travel Account will be removed. Clean Travel reserves the right to revoke and claim Travel Credits from users when Tour Bookings are cancelled or abuse of the program has been detected.
Clean Travel provides various tools to help you share your unique invite link. You may also share your unique invite link via email and social media to friends and family. You may not however share your personal link on public forums or coupon Sites. If you do this, it is a violation of this Agreement and Clean Travel may terminate your Account and you will forfeit all your credits in your account.
Clean Travel provides Credits as part of our Rewards Program. These Credits are based on the tour you book and they are deposited to your Clean Travel Account within 30 minutes of your booking being confirmed on an eligible tour. These Credits can be used on the same basis as outlined above.
Clean Travel also may offer Promo Codes from time to time and unless otherwise stated they have an expiry period of 30 days. Promo Codes can only be used for bookings for tours and the same basis as outlined above. Only one Promo Code can be added/used per booking and they may NOT be combined with Travel Credits. Clean Travel reserves the right at any time to modify or discontinue the Friends with the World Referral and Rewards program either temporarily or permanently (or any part thereof) with or without notice. Clean Travel will not be liable to you in the event of any modification, suspension or discontinuance of this program. Clean Travel reserves the right to cancel, revoke, or otherwise prevent the issuance of Travel Credits in any suspected case of fraudulent use or misuse of this program and does not need to provide any details or explanation. Travel Credits are not redeemable for cash or equivalents. Clean Travel’s Promo Codes and Travel Credits cannot be applied on existing bookings.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Clean Travel is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Clean Travel of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Clean Travel used herein are trademarks or registered trademarks of Clean Travel. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at info@cleantravel.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of Clean Travel and you hereby irrevocably assign to Clean Travel and agree to irrevocably assign to Clean Travel all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Clean Travel’s request and expense, you will execute documents and take such further acts as Clean Travel may reasonably request to assist Clean Travel to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Clean Travel respects copyright law and expects its users to do the same. It is Clean Travel’s policy to terminate in appropriate circumstances the Clean Travel Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your Clean Travel Account. Termination of Clean Travel Account may occur if there is (a) evidence of sexual exploitation of children, (b) fraudulent activity that causes harm, (c) evidence to not contribute with any of the 3 pillars of the Clean Travel community model as stipulated in the sign-up form, or (d) evidence of any other conduct that goes against Clean Travel Code of Conduct.
You may cancel your Clean Travel Account at any time by sending an email to info@cleantravel.org. Please note that if your Clean Travel Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback. Operators agree that should they cease their licence to use Clean Travel’s solutions, that the Tour Review content captured using Clean Travel will still be available for use by the Operator subject to certain limitations and conditions. Clean Travel’s XML file must NOT be accessed. The reviewers Facebook ID or Profile image must NOT be used or displayed anywhere. Whenever the tour review content is displayed the following attribution MUST be properly and clearly provided to Clean Travel on every page where this content appears: “These tour reviews were written on cleantravel.org” where ‘tour reviews’ must be a link to ‘www.cleantravel.org’.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CLEAN TRAVEL DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CLEAN TRAVEL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
CLEAN TRAVEL MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CLEAN TRAVEL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, GROUP TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLEAN TRAVEL OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELLERS. YOU UNDERSTAND THAT CLEAN TRAVEL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY GROUP TOURS. CLEAN TRAVEL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIsED BY CLEAN TRAVEL OR TAKE PLACE DURING AN GROUP TOUR. NOTWITHSTANDING CLEAN TRAVEL’S APPOINTMENT AS THE LIMITED AGENT OF THE OPERATORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELLERS ON BEHALF OF THE OPERATORS, CLEAN TRAVEL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY GROUP TOURS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER CLEAN TRAVEL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLEAN TRAVEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL CLEAN TRAVEL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GUIDE, THE AMOUNTS PAID BY CLEAN TRAVEL TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLEAN TRAVEL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Clean Travel and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of an Group Tour, (iii) creation of a Listing or (iv) the use, condition or quality of an Group Tour, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking an Group Tour.
You may not use, export, re-export, import, or transfer the Application except as authorised by Australian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Australian embargoed countries.
If you participate in a Tour with an Operator who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) does not take adequate measures to protect children welfare, (iii) you suspect of stealing from you, or (iv) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Clean Travel by contacting us with your police station and report number at info@cleantravel.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Clean Travel and you regarding the Services and Collective Content, and any bookings or Listings of Group Tours made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Clean Travel and you regarding bookings or listings of Group Tours, the Services and the Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Clean Travel’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Clean Travel may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Clean Travel (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of Victoria, Australia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Victoria for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
We do not allow persons who are aged eighteen or under to sign up as Clean Travel Community partners.
The failure of Clean Travel to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Clean Travel.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Travellers: You agree that this website, in their sole discretion, may award rewards and prizes to travellers and businesses as they see fit and we will do not need to justify the methodology behind our decisions. The prizes and rewards supplied are not redeemable for cash and this website reserves the right to cancel and withdraw any such rewards and prizes at its sole discretion without any justification required. By using our Tour Contest Application, your contact details will be included in Clean Travel’s Newsletter which shall contain a mandatory opt-out at the base of each email to allow you to unsubscribe if you so choose.
Operators: Our Contest App Promotions are subject to these conditions: To access the current pool of contest entrants you must agree to allow Clean Travel to notify your past and future entrants about new Contests within Clean Travel’s network. This does not mean Clean Travel will provide the email addresses, names, etc of your entrants to other companies, we use Facebook’s 1:1 Notification API to notify past entrants about new contests that have been started. The entrants have the right to unsubscribe from these Facebook notifications and have the choice to participate in any future Contests run by yourself or other companies in Clean Travel’s network. It is not possible to target specific entrants from other companies in Clean Travel’s network. If you don’t agree with the above terms your Contest entrants will not be added to the pool and you can continue to run contests via your own Facebook Page, driving new entrants from your own marketing and advertising channels.
By registering; using our Services and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose.
If you have any questions about these Terms, please contact Clean Travel at info@cleantravel.org