Terms & Conditions
1 General
1.1 These Terms and Conditions (“T&C”) apply to the Booking made by the Customer with the Provider.
1.2 By making a Booking (directly or through a third party), the Customer agrees to these T&C’s for themselves and for all persons included in the Booking and each such person shall be jointly and severally bound by these T&C’s.
2 Definitions
“Accommodation” means the accommodation made available by the Provider. “Authority” means: a government or government department or other body; a governmental, semi-governmental or judicial person, including a statutory corporation; or a person (whether autonomous or not) who is charged with the administration of a law. “Booking” means the act of booking the Experience. “Cancellation Fee” means: such portion of the Cost as referred to in clause 4; or such other amount as stipulated by the Provider from time to time. “Customer” “You” or “Your” means the person making the Booking (and includes all persons included in the Booking. “Force Majeure Event” means any occurrence or non–occurrence as a direct or indirect result of which a party is prevented from or delayed in performing any of its obligations and that is beyond the reasonable control of that party, including: forces of nature (including fire, earthquake, storm, flood or other casualty or accident); war, civil strife or other violence; industrial action, or any action or inaction by a Authority; any law, order, proclamation, regulation, ordinance, action, demand or requirement of any Authority; and epidemic or pandemic to the extent that restrictions (including lockdown and quarantine restrictions) are imposed by any Authority. “Goods” means all property, equipment of any nature, chattels, fixtures and fittings, and goods of any description. “including” is deemed to be followed by the words “without limitation”. “Provider” “We” “Us” or “Our” means [the business entity], its Representatives and assigns. “Rate” means the total amount payable to the Provider by the Customer for the Booking. “Representatives” means the agents, directors, officers, contractors, volunteers or employees of the Provider. “Security Bond” means any amount requested by the Provider in addition to or inclusive of the Rate (to cover such things as breakages, damages, cleaning and like charges). “Waiver” means the Waiver, Release, Discharge and Indemnity published by the Provider and accepted by the Customer at the time of making the Booking.
3 Bookings
3.1 All Bookings are subject to availability.
3.2 The Provider reserves the right to decline any Bookings or requests at its absolute discretion.
3.3 Unless otherwise determined by the Provider prior to or at the time of Booking, the following provisions apply: the Rate is required to be paid at the time of Booking;
a list identifying all persons using the Accommodation is to be provided at the time of Booking;
Specials / Packages: The Provider reserves the right to promote / offer the Accommodation on terms and conditions different to the T&C (including as to Cost, payment terms and Cancellation Fee) at its discretion and for each Booking therein made those terms and conditions shall prevail over the T&C with respect to any inconsistency. A valid credit card is required at the time of Booking. Your credit card will be held as security for your Booking and utilised for any Security Bond, outstanding charges, damage or any breach of these T&C’s. The Provider reserves the right to request payment of a Security Bond by the Customer, at any time. Failure by the Customer to make payment as required in accordance with the T&C, or as otherwise requested by the Provider, may result in the Booking being cancelled and the Provider making available the Accommodation, or any part thereof, to other persons. If the Customer makes payment by way of credit card, the Customer warrants that the information provided to the Provider is true and complete, that the Customer is authorised to use the credit card to make payment and that the Customer’s payment will be honoured by the credit card issuer. Any items or services not included in the Booking are the sole responsibility and cost of the Customer.
4 Cancellation
4.1 All cancellations must be in writing and sent to the Provider. It is the Customer’s responsibility to ensure the Provider has received notice of any cancellation of the Booking.
4.2 Subject to these T&C’s, where the Customer cancels the Booking:
90 or more days prior to the commencement of the Activity, a Cancellation Fee equal to 25% of the Cost shall be deducted from any monies paid and retained by the Provider;
60 or more days prior to the commencement of the Activity, a Cancellation Fee equal to 50% of the Cost shall be payable by the Customer and either deducted from any monies paid by the Customer or be a debt due by the Customer to the Provider;
30 days or less prior to the commencement of the Activity (including on the day of the Activity and no shows), all monies paid by the Customer will be forfeited.
4.3 If the Customer requests an amendment to the Booking 30 days or less prior to the arrival date, such request will be deemed a cancellation by the Customer and the provisions in clause 4.2(b) will apply.
4.4 Where the Booking is cancelled in accordance with clauses 4.2(b), or 4.3, the Provider shall have the right to re-book the Accommodation, or any part thereof.
5 Rates
5.1 Rates are in AUD and inclusive of GST.
5.2 Rates are subject to change. The Provider reserves the right to change the Rate without notice provided that the Rate will not be varied for Bookings that have been paid in full.
6 Property in Goods
6.1 All Goods supplied by the Provider remain the property of the Provider.
6.2 The Customer shall not alter, change, replace or otherwise interfere with any Goods.
6.3 The Provider takes no responsibility for the suitability of the Goods for the Customer’s specific requirements, and it is the Customer’s responsibility to ensure that all Goods are suitable for the Customer’s specific needs.
6.4 Any damage to Goods is the Customer’s liability The Customer will be responsible for any repairs required to damaged Goods.
6.5 The Customer shall ensure that any Goods are not damaged or destroyed and shall return all Goods in the same condition as provided, fair wear and tear excluded.
6.6 The Provider has the right to inspect any Goods at any time.
7 Behaviour Policy
7.1 Anti-social behaviour and intoxication or creating a disturbance to other customers and or Representatives will not be tolerated and may result in immediate termination of the Booking and expulsion from the Accommodation.
7.2 Where the Booking is terminated pursuant to this clause, the Customer shall forfeit any and all monies paid to the Provider.
8 Customer’s Warranties
The Customer warrants that:
- the Customer has and will comply with all applicable laws;
- the Customer has and will comply with all lawful directions of the Provider;
- the Customer has not relied on any representations or warranties that may have been made by the Provider or its Representatives; and
- the Customer will report any and all hazards immediately to the Provider.
9 Termination
9.1 The Provider may terminate the Booking and expel the Customer from the Accommodation immediately if there has been a breach of the T&C.
9.2 Any termination of the Booking in accordance with this provision will result in all monies paid by the Customer to the Provider being forfeited by the Customer and retained by the Provider.
9.3 The accrued rights, obligations and remedies of the Provider are not affected by the termination of the T&C.
10 Liability and Waiver
10.1 To the maximum extent permitted by law, the Customer releases, waives, discharges and indemnifies the Provider and their Representatives from any and all Claims and Liabilities which may be made by the Customer, or on the Customer’s behalf, for loss, in any way arising out of or related to the Accommodation or the T&C, including but not limited to property loss or damage, bodily injury or death.
10.2 The Provider and their Representatives shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the Accommodation or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.
10.3 To the maximum extent permitted by law, the total liability of the Provider and their Representatives arising out of, or in connection with the Accommodation or the T&C is limited to the total value of the Rate.
10.4 This clause: applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by the Provider; is intended to be as broad and inclusive as is permitted by law; and does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
10.5 For the purposes of this clause:
“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any nature and whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise.
“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person.
11 GST
11.1 Unless otherwise stated, all amounts payable by the Customer are [inclusive] of GST.
11.2 The Customer agrees to pay GST in respect of any goods or services that the Provider supplies to the Customer and or are supplied to the Customer on behalf of the Provider.
12 Insurance
The Customer must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation and force majeure events.
13 Force Majeure Event
13.1 If any Force Majeure Event results in the Provider being prevented from, or delayed in, performing any of its obligations to the Customer:
(a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or these T&C’s;
(b) no loss or damage shall be claimed by the Customer from the Provider by reason thereof; and
(c) The Provider shall use its best endeavours to minimise and reduce any period of restriction or interference occasioned by the Force Majeure Event.
13.2 In the event of a Force Majeure Event, the Provider, in its absolute discretion may:
(a) substitute different or equivalent Accommodation;
(b) postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Booking if in the absolute discretion of the Provider it is necessary to do so;
(c) offer a transfer of the Booking, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by the Provider in the circumstances), which transfer option is subject to availability;
(d) offer a credit, to the value of any monies paid, which credit will be valid for 24 months from the issue date (or such other longer period as determined by the Provider in its absolute discretion), provided that:
(i) any additional costs payable on the new booking will be payable by the Customer in full;
(ii) additional costs may apply for the Accommodation in future seasons;
(iii) credit terms and conditions are final;
(iv) credits are not able to be extended beyond their expiry date; and
(v) the credit, or any balance on a partially used credit, is not redeemable for cash.