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Disclaimer
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1. Whilst Cairns Explorer will take all reasonable steps to provide
an enjoyable tour, it accepts no liability for any loss of enjoyment
experienced by passengers due to circumstances beyond its control.
Cairns Explorer further accepts no liability for any loss beyond its
reasonable control and provides no warranties in addition to those set
out under the Trade Practices Act 1974, and nothing herein restricts any
passenger from exercising their rights and remedies pursuant to law.
2. These tours include the services of operators other than the company e.g. optional tour venues, which are not under the direct control of Cairns Explorer, and whilst Cairns Explorer takes all reasonable care in selecting these operators or venues, it cannot accept responsibility for those operators' conduct or the conduct of their representative employees or agents or for any ramifications of that conduct. 3. No passenger will be permitted to embark or continue on tour while their mental or physical condition is, in the opinion of any representative of Cairns Explorer, such as to render them incapable of caring for himself or herself, or whereby they become objectionable to other passengers, or they become a hazard to themselves or other passengers. The company will not be responsible for expenses resulting in such persons being precluded from completing the tour. 4. Cairns Explorer reserves the right to alter the itinerary and to vary the advertised tour routes and times without notice due to unforeseen circumstances (being subject to weather and traffic conditions). 5. To the extent permitted by law, Cairns Explorer excludes liability and will not be responsible for any loss, damage or injury arising from or connected with the Cairns Explorer tour, no matter how that loss, damage or injury is caused. In particular, Cairns Explorer will not be responsible for loss or damage arising from a Participant's failure to obey Cairns Explorer’s instructions or from any pre-existing medical or psychological condition. Further, but only to the extent permitted by law, Cairns Explorer will not be responsible for loss or damage arising from any negligent act or omission of Cairns Explorer or any person for whom Cairns Explorer is responsible. Certain laws imply non-excludable conditions and warranties. This provision does not exclude those conditions and warranties but limits Cairns Explorer’s liability in relation to these to provision of services provided by Cairns Explorer again, or refund of the cost of those services. (Refer also to Terms and Conditions) Cairns
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