Last Updated: September 1, 2023
Welcome to Ostraya Kapusta Tours. Please read these Terms of Service ("Terms") carefully before using our website or services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
These Terms constitute a legally binding agreement between you and Ostraya Kapusta Tours Pty Ltd ("Ostraya Kapusta," "we," "us," or "our") regarding your use of our website at www.ostraya-kapusta.com (the "Site") and the travel services available through our Site (collectively, the "Services").
We reserve the right to modify these Terms at any time. We will always post the most current version on our Site and update the "Last Updated" date. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
The Services are intended solely for users who are 18 years of age or older. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
Some features of our Services may require you to register an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your account.
When you book a tour through our Site, you are offering to purchase specific travel services. All bookings are subject to availability and confirmation. A booking is not confirmed until you receive written confirmation from us and full payment or the required deposit has been received.
All prices are quoted in Australian Dollars (AUD) unless otherwise specified. Prices are subject to change until your booking is confirmed. We accept major credit cards, direct bank transfers, and other payment methods as specified during the booking process.
For certain tours, we may require a deposit to secure your booking. The deposit amount and payment deadline will be communicated to you during the booking process. The remaining balance must be paid by the date specified in your booking confirmation.
If you need to cancel your booking, you must notify us in writing. Refunds are subject to the following cancellation fees:
We reserve the right to cancel a tour due to insufficient bookings, unforeseen circumstances, or events beyond our control. In such cases, we will offer you the choice of:
We are not liable for any failure to perform our obligations due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, industrial disputes, natural disasters, or severe weather conditions. In such cases, we will assist in making alternative arrangements where possible, but additional costs may apply.
We strongly recommend that all clients purchase comprehensive travel insurance that includes coverage for trip cancellation, medical expenses, and emergency evacuation. It is your responsibility to ensure that your insurance policy meets your specific needs.
It is your responsibility to ensure you have all necessary travel documents, including valid passports, visas, and health documentation required for your journey. We are not responsible for any consequences resulting from your failure to comply with these requirements.
You agree to follow all reasonable instructions from our tour guides and staff during your tour. We reserve the right to remove you from a tour if your behavior is deemed disruptive, dangerous, or inappropriate. In such cases, you will be responsible for your own return transportation and will not be entitled to any refund.
If you have any special requirements (dietary, medical, or mobility), you must inform us at the time of booking. While we will make reasonable efforts to accommodate special requirements, we cannot guarantee that all requests can be met.
The Site and its entire contents, features, and functionality (including but not limited to all information, text, images, logos, and design) are owned by Ostraya Kapusta Tours, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our express written consent.
By posting content on our Site (such as reviews or comments), you grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable right to use, reproduce, modify, adapt, publish, and display such content throughout the world in any media. You represent and warrant that your content does not violate any third party's rights and complies with all applicable laws.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that the Site will be secure or error-free or that access will be continuous and uninterrupted. You acknowledge that your use of the Site and Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OSTRAYA KAPUSTA TOURS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Nothing in these Terms shall limit or exclude our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by Australian law.
You agree to defend, indemnify, and hold harmless Ostraya Kapusta Tours, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the Site.
These Terms shall be governed by and construed in accordance with the laws of South Australia, Australia, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Adelaide, South Australia for the resolution of any disputes arising out of these Terms or your use of the Site or Services.
If any provision of these Terms is held by a court to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If no such modification is possible, the provision will be severed from these Terms without affecting the validity and enforceability of the remaining provisions.
These Terms and our Privacy Policy constitute the entire agreement between you and Ostraya Kapusta Tours regarding your use of the Site and Services, superseding any prior agreements between you and us relating to the Site or Services.
If you have any questions about these Terms, please contact us: