This document is being finalised with our advocate and may change. Items shown [in brackets] are still being confirmed. Your written quote sets out the terms that apply to your booking. Questions? Email info@creekstours.com.
1. Meaning
1.1 Force Majeure Event means an unavoidable and extraordinary event beyond the affected party’s reasonable control whose consequences could not be avoided despite reasonable measures. Examples may include severe weather or natural disaster, epidemic or pandemic, border or park closure, government restriction, war, terrorism, serious unrest, election-related disruption, strike not limited to our workforce, airspace or airport closure, widespread transport failure, fire or critical infrastructure failure.
1.2 Ordinary seasonal weather, predictable road conditions, low bookings, avoidable Supplier default, lack of funds and an event a party knew about when Booking are not automatically Force Majeure Events.
2. Safety decisions
2.1 We monitor local authorities, park management, Suppliers and relevant government travel advisories. An advisory informs but does not automatically decide cancellation; we assess the actual route, insurer position, feasibility and traveller circumstances.
2.2 We may delay, reroute, substitute, suspend or cancel affected services where reasonably necessary for safety, legality or performance. We will communicate promptly and use reasonable efforts to preserve the Trip’s overall character and value.
2.3 The Traveller must follow lawful evacuation, health, curfew, border and safety directions. A personal unwillingness to travel, without a material impact on performance or a right under law, is treated as customer cancellation and should be claimed on insurance where covered.
3. Before departure
3.1 If a material part cannot be performed, we will offer, where reasonably available: a safe equivalent reroute; a change of date; a lower-cost alternative with refund of the difference; or cancellation.
3.2 On cancellation for force majeure, we will refund money recovered or recoverable from Suppliers plus uncommitted amounts, less disclosed irrecoverable costs and reasonable value of work already performed, but only to the extent the deduction is lawful. We will provide a reasonable accounting.
3.3 A credit note may be offered under Cancellation, Amendment & Refund Policy but is never substituted for a mandatory cash refund without the Traveller’s affirmative agreement.
4. During travel
4.1 If an event occurs during the Trip, we will give reasonable assistance and prioritise safety. The Traveller bears additional accommodation, transport, testing, quarantine or repatriation costs not caused by our breach, subject to applicable law and insurance. We will seek Supplier refunds for unused services.
4.2 We may end an activity or the Trip where no safe lawful alternative exists. No clause requires a guide or Traveller to proceed against an official closure or reasonable safety judgment.
5. Notice and mitigation
5.1 Each party must notify the other promptly, take reasonable steps to reduce loss, preserve insurance and refund rights, and provide relevant documentation. Neither party may recover an avoidable loss.