Travel and Flight Disruptions FAQ

1. What happens if my flight is cancelled?

When a King Island Surf Safaris (KISS) flight is cancelled, KISS will search for alternative means to get you to your destination. We will attempt to:

(i)    offer you a seat on an alternative flight or carrier on the same day or another day;

If you accept alternative transport from us, we would have been considered to have fully discharged our responsibility with regards to your air ticket.

If you refuse the alternatives provided or if no alternatives are provided, then we would refund the remaining unused portions of your itinerary on KISS to your credit card or to your travel agent.  You can make the request for a refund by email via our contact us page on our website.

2. Will I get a refund on my fare if I am given a flight to an alternate destination with KISS due to a delayed or cancelled flight?

No, if you have made a decision to accept an alternate destination, the ticket would be considered as used and there will be no refund.

3. Will KISS provide refreshments in the event of a delay?

In the event of a delay exceeding 90 minutes (excluding uncontrollable delays like those due to weather conditions etc), KISS will provide refreshments if requested. Do note that due to the limited facilities and flight times at some of the regional airports KISS operates to, refreshments/meals may not always be available at those ports.

4. Will KISS bear the cost of a hotel room, taxi fares etc in view of a cancellation, delay or diversion?

The Conditions of Carriage excludes all compensation for consequential damages arising from disruptions. This is similar to the train or bus companies not accepting to pay for hotels etc if their vehicles break down. KISS strongly advises its customers to take the appropriate travel insurance to cover these eventualities.  

5. Will my domestic travel insurance cover my person finacial loss due to a flight disruption?

In most cases your domestic travel insurance should cover any extra expenses you might incur - please refer to your insurers policies in regards to what your covered for.

6. Contact Us

email: info@kingislandsurfsafaris.com.au

http://www.kingislandsurfsafaris.com.au/about-us/#contact

King Island Surf Safaris, 29 Punt Road, Barwon Heads, VIC 3227

call us on 0409 864 055

Vehicle Terms and Conditions - Part B

1. The term “vehicle” refers to the vehicle rented by the Owner to the user and all equipment, accessories or component parts installed in or attached to the vehicle. It does not include loads or goods carried by the vehicle or personal property placed in the vehicle by the user or any other person. The vehicle may be a motor vehicle, including but not limited to a truck or ute.

2. The term “Owner” means the registered owner of the vehicle identified in this agreement and includes its employees but not persons who act as agents managing the use of the vehicle. The term “User” means the party agreeing with the Owner to use the vehicle identified in this agreement.

4. This agreement is made between the Owner and the User named herein and the vehicle must not be used by any other person who is not a party to this agreement.

6. The User acknowledges that the vehicle is clean and in good working order at the time of use and undertakes to return it in a similar condition. The User agrees to pay for the vehicle to be cleaned and restored to its condition as at the commencement of use if in the opinion of the Owner the User has returned the vehicle in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the vehicle. Pre-existing damage or wear and tear is to be noted in this agreement by the User as being present at the commencement of use to protect the User from liability.

7. The User is strictly liable for the loss of, and all damage to, the vehicle, loads or goods carried by the vehicle, any personal property left in the vehicle, and the property of any person caused by the use of the vehicle. This loss includes not only the material loss of the vehicle but also the loss of earnings ordinarily derived by the vehicle as determined by the Owner and any administrative and transport costs incurred in the recovery of this loss.

9. The User agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the failure of the User to perform its obligations under this agreement or loss and damage to any personal property that is connected with the use of the vehicle under this agreement. This does not include the vehicle or any other property damaged as a result of the vehicle colliding with it and does not include loss and damage caused by the negligence or wilful default of the Owner.

10. The User has rights conferred by consumer protection legislation, including guarantees that the vehicle is of merchantable quality, matches any description or sample against which it is hired and any services are provided to the User by the Owner using all due care and skill. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the vehicle or the use of the vehicle.

11. To the maximum extent permitted by law and these conditions, the Owner accepts no responsibility or liability to the User for any loss, damage, costs, expenses, damages (including loss of use or enjoyment but excluding loss or damage caused by the negligence or wilful default of the Owner) or any other liabilities resulting from:
a. Any accident, breakdown or other failure of the vehicle.
b. Loss of or damage to the User or any other person’s property, including personal property left in any vehicle.
c. Loss of or damage to any load or goods carried by the vehicle.

12. Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the User for any indirect, special or consequential damage arising in any way out of any matter covered by this agreement.

13. Unless the vehicle has been hired for personal, domestic or household use, any liability of the Owner, including liability for negligence, is limited to the extent permitted by law to:
(i) In the case of goods, at the option of the Owner:
a. Replacement of the goods or supply of equivalent goods.
b. Repair of the goods.
c. Payment of the cost of replacing the goods or acquiring equivalent goods.
d. Payment of the cost of having the goods repaired.
(ii) In the case of services, at the option of the Owner:
a. Supplying the services again.
b. Payment of the cost of having the services supplied again.

14. The User will only drive or use the vehicle on roads that constitute the national road system or properly constructed driveways.

15. The period of use of the vehicle shall be limited to the period set forth on the front of this agreement or travel dates on itinerary provided that if no period of hire is specified the period of use shall terminate at the same date and location that hire commenced. The User must at his own expense return the vehicle to the address stated within or if no such address is stated to the service station or place from which the said vehicle was used not later than the time for termination of the period of use. When the vehicle cannot be returned by the time of termination of use the User must advise the Owner or its agent for that time and advise the Owner or its agent of the estimated time of return. In the event that the vehicle is not returned all costs of and incidental to the location and recovery of the vehicle shall be paid for by the Hirer.

16. In the event of the vehicle breaking down or being damaged the User shall arrange at his own expense to return it to the Owner or its agent forthwith. The period of hire shall be determined upon such return of the vehicle to the Owner or its agent. If the User fails to return the car to the Owner or its agent, the User shall be responsible for all freight and other charges incurred by the Owner or its agent in respect of the delivery and return of the vehicle except when authorised by the Owner or its agent in writing.

17. If the vehicle is not returned to the place of hire or location set out in this agreement for return for any reason but taken into possession by the Owner or its agent at any other location then it is hereby agreed that in such circumstances the deposit paid will be forfeited to the Owner as liquidated damages to defray the cost of recovery and in addition the Hirer agrees to pay on demand a recovery fee of $2.00 per kilometre required by the Owner or its agent to travel to return the vehicle to the return address and any other out-of-pocket expenses.

19. The User is responsible for any traffic or parking offences incurred during the period of use and will pay any camera fines incurred during such huse.

21. The User authorises the Owner to charge the User’s credit or debit card with the hire charge as well as any additional charges, including, but not limited to those fees or charges resulting from late return of the vehicle, tolls, fines resulting from traffic infringement notices or parking offences, costs resulting from failure to refuel the vehicle, transport and recovery costs, legal expenses and recovery of any loss or damage, related to this agreement or the hire of the vehicle.

22. The User agrees to be liable for all costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 2.5% per month, any debt collector costs and commissions, and any legal expenses (including legal fees and disbursements on a solicitor/ client basis).

23. During the continuance of the hire the User will not:
a. Sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the vehicle or any interest of the Owner herein or create or allow to be created any security interest over the vehicle.
b. Part with possession of the vehicle except to parties named in this agreement.
c. Allow any lien to be created in respect of the vehicle for repairs or otherwise.

25. Without prejudice to the rights of the Owner to recover from a User any monies due and damages for breach of the agreement the Owner may enter into or upon any premises where the vehicle may be located for the purposes of repossessing the vehicle. The User indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.

26. Either the User or the Owner may terminate the agreement at any time if the other party commits a material breach of the agreement.

27. The User will use the vehicle in a skilful and proper manner, in compliance with any applicable traffic laws and regulations, and shall not overload the vehicle. The User must complete any User Checklist or Equipment Taken Checklist appearing in this agreement and report any faults with the vehicle to the Owner or its agents at the time of use. The User must not use the vehicle if it appears unroadworthy and certifies that:
a. He has read and understood all instructions provided for the safe use and operation of the vehicle.
b. He is competent to correctly connect and disconnect the vehicle.
c. He is competent to ensure safe load distribution and not exceed maximum load rating for the vehicle.
d. He has a current Australian photo Driver’s licence and is licenced to drive or tow the vehicle.

28. The User acknowledges that:
a. The agreement between that Owner and User comprises the whole agreement and that no collateral oral statements by the Owner or his agent form part of the agreement.
b. He has legal capacity to enter into this agreement.
c. The singular includes the plural, the masculine gender includes the feminine in the interpretation of these terms.

29. The Owner will collect and use personal information that the User provides when use the vehicle or collected during the use of the vehicle. We will take reasonable steps to protect your personal information from misuse, unauthorised access or wrongful disclosure but we may disclose your personal information to related and non-related third parties and store information about you in our database or IT systems. The Owner may use vehicle tracking technology associated with the use of this vehicle and the User acknowledges and consents to this. A copy of our Privacy Policy is published at www.kingislandsurfsafaris.com.au.

General Aviation Terms and Conditions.

1. By engaging the services of King Island Surf Safaris ("the Agent") you ("the Customer”) irrevocably appoint the Agent as the Customer's agent to enter into all necessary agreements and engage all necessary services with and from the aircraft operator ("the Carrier") and the car and accommodation hirer (“the Hirer”) in respect of the particular service required by the Customer.
2. The Pilot in command of the aircraft shall be the final arbiter as to whether or not any flight shall proceed in its entirety or in part, and in what manner and to which destination, with regard to the prevailing operational circumstances.
3. The Pilot reserves the right to refuse access to aircraft by intoxicated persons in accordance with various Civil Aviation Safety Authority regulations, orders and requirements of the Civil Aviation Act.
4. King Island Surf Safaris reserves the right to change and substitute aircraft, aircraft type and registration. All King Island Surf Safaris Charter flights are subject to availability at the time of the flight.
5. The Customer acknowledges that the Agent is not an agent for the Carrier.
6. To the extent permitted by law: (a)The Agent is not liable for death of or injury to any person, for loss of or damage to baggage or goods, for delay, or for consequential or other loss of any kind, arising directly or indirectly from negligence or omission or some other cause in connection with provision or non-provision of any transport or service arising out of the Customers engagement of the Agent; and (b)The Agent is not liable for any inaccuracy in any information concerning the transport, services or their pricing in respect of which the Customer has engaged the Agent.
7. By engaging the Agent the Customer agrees to indemnify the Agent against any and all claims, demands, suits, actions, awards, judgments, damages and loss which may arise out of any transport or service provided by any Carrier.
8. By engaging the Agent the Customer agrees that these terms and conditions form part of any agreement, contract or arrangement between the Customer and the Agent in respect of the services for which the Agent was so engaged.
9. King Island Surf Safaris reserves the right to vary or change without prior notice, the intended flight plan route and timetable.
10. King Island Surf Safaris reserves the right to sub-contract another licensed operator, cross hire aircraft, crew, and ground handling personnel or other staff and/or operator’s staff without prior notice.
11. All flights will be performed by an operator holding a valid Air Operator's Certificate issued by the Civil Aviation Safety Authority.
12. Baggage items shall be limited to that defined in this document. Any variation from this, in number or mass, shall be carried only at the discretion of the Pilot in command.
13. In the event of aircraft or crew unavailability at any time, for any reason, we will make every effort to provide a replacement, but cannot guarantee we will be successful. Substitute aircraft may not be of the class or type specified in the Itinerary and may incur additional cost. We will not be responsible for passenger expenses of any kind at any time.
14. Additional costs incurred due to weather or Air Traffic Control (ATC) delays:
15. Quotes are based on the premise that the flight will proceed normally, without undue delays beyond our control.  Sometimes weather and air traffic cause delays incurring significant extra flight time and cost. We cannot incorporate these into our quotes, we will advise you of the possibility of these as soon as we become aware of them. Extra flying time caused by these factors includes airborne holding for traffic or weather, and diversion to other airports if anything precludes a safe landing at the destination airport. The decision whether or not to divert, or to abandon the flight, is at the sole discretion of the Pilot(s), in accordance with ATC instructions, or the Pilot(s) judgment with regard to weather conditions. This extra flying time is not accommodated for in quotations, and is payable by the charterer at the appropriate rate for the aircraft type.
16. It is the customer's responsibility to ensure that all passengers have the necessary visa’s and passports, and comply with applicable airport security, health, import, customs and excise requirements for any flight. 
17. King Island Surf Safaris reserves the right to postpone, cancel or redirect the flight due to war, warlike events, strikes, civil war, civil unrest, riots, sabotage, quarantine, hijacking, terrorist actions, weather conditions or other force majeure of the nature, technical reason, detention or similar measures, accidents with the aircraft, or due to any other factors over which King Island Surf Safaris has no control, or when the safety of the passengers or the crew from the aircraft can reasonably be assessed to be in danger, at the discretion of the Pilot(s) or of King Island Surf Safaris personnel.
18. King Island Surf Safaris reserves the right to amend, make variations to or cancel the tours, accomodation, transport and other services or facilities. Note that King Island Surf Safaris aircraft at any time.
19. The Agent is not liable for death, injury, claims, damage, lawsuits, actions, awards, or loss incurred by the Customer whilst using, staying, engaging, in care of the Hirers services, goods, or products.