Shipping & Delivery Policy
Returns and Refunds
1 Definitions and interpretation
Booking means booking for a Tour with Us.
Broome means Broome, Western Australia.
Credit Note means a voucher of the same value as the total amount paid for the Booking to be used within three (3) years of the cancelled Tour. We may, in our complete discretion, extend the operation of the Credit Note to take into account travel restrictions that may be extended from time to time in response to Covid-19. Notwithstanding clause 10.1 the Credit Note is transferrable to a Family Member.
Departure Date means the date the Tour begins as set out in the Itinerary.
Family Member means a spouse, de facto partner, adult child, mother, father, adult brother or sister.
Force Majeure Event means any of the following:
(a) earthquakes, fires, floods or other physical natural disaster;
(b) acts of war, acts of terrorism, riots, civil or military disturbances, national or state-wide industrial disputes (excluding actions by, between or originated among employees of a party);
(c) requisition or compulsory acquisition by any government or public authority; and
(d) infectious disease, epidemic, pandemic or similar including Government action in response to Covid-19 events, including (but not limited to) restrictions on travel and gatherings
which prevents Us from running the Tour.
Itinerary means a travel itinerary described in clause 2(b).
Personal Medical Details Form means the form described in clause 8(e).
Price and Prices means the cost to You of participating in a Tour as quoted on Our Tours and Workshops webpage or the travel itinerary.
Privacy Act means the Privacy Act 1988 (Cth).
Reasonable Expenses includes accommodation, flights and various payments made to third parties.
Tour or Tours means a tour or tours as described in clause 2.
We, Us or Our means Pamela Jennings trading as Pamela Jennings Photography ABN: 69 732 077 546 and includes our employees, agents, contractors, servants and lawful representatives.
You means the customer.
In this agreement:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and conversely, and a gender includes all genders; and
(c) "including" and similar expressions are not words of limitation.
(a) All Tours are accurately described on Our website.
(b) Upon making a Booking You will receive a travel Itinerary.
(c) All Tours are conducted in remote locations and while We try to stick to the Itinerary sometimes outside influences may require Us to alter the running of the program and schedule.
(d) Weather events and cultural activities may all impact on the operation of the Tour.
(e) We may, without notice to You, vary or substitute locations, transport, accommodation, guides and tour times (not including commencement and finish dates and times) and assume no responsibility for any loss arising out of such substitutions or variations.
(f) In the event of any change, modification, cancellation, postponement or delay You acknowledge that You have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, cancellation, postponement or delay.
(a) Tours begin on the date and time and at the location described on Your Travel Itinerary.
(b) You are responsible for travelling to and from the start and end locations described on the travel Itinerary.
(a) Prices are set out on our Tours and Workshops webpage.
(b) All prices are in Australian dollars and include GST.
(c) Payment shall be made by electronic funds transfer into an account which shall be provided to You upon making a Booking.
(d) The deposit of must be paid within seven (7) days of confirmation of Your Booking.
(e) The balance of the total package Price must be paid on or before sixty (60) days prior to the Departure Date.
(a) Force Majeure Events
If any Force Majeure Event results in Us being prevented from, or delayed in, performing any of Our obligations to You:
(i) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon Us under these terms and conditions;
(ii) no loss or damage shall be claimed by You from Us by reason thereof; and
(iii) We shall use Our best endeavours to minimise and reduce any periods of suspension occasioned by any Force Majeure Event.
In the event of a Force Majeure Event, We, in Our absolute discretion may:
(i) cancel or modify any routes within the Tour itinerary or objectives set out in the itinerary;
(ii) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
(iii) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any aspect of the Tour if in Our absolute discretion it is necessary to do so;
(iv) offer a transfer of the Tour, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by Us in the circumstances), which transfer option is subject to availability;
(i) offer a Credit Note, to the value of any monies paid less Reasonable Expenses, which Credit Note will be transferable to a Family Member and valid for travel within 12 months from the issue date (or such other longer period as determined by US in our absolute discretion), provided that:
(b) additional costs may apply for the Tour in future seasons; and
(b) You cancel the Booking
Where You cancel your Booking:
(i) Cancellation date is the date our office receives your written notice of cancellation.
(ii) Where the Tour is cancelled not less than sixty (60) days prior to the Departure Date You shall be entitled to a Credit Note.
(iii) Where the Tour is cancelled within fifty-nine (59) days and thirty-one (31) days of the Departure Date You shall be charged a 50% cancellation fee.
(iv) Where the Tour is cancelled within thirty (30) days of the Departure Date You shall be charged a 100% cancellation fee.
(v) The refund shall be paid by electronic funds transfer into an account nominated by You in writing to Us within fourteen (14) days of such request. Your bank account details must be provided in PDF format.
(c) We cancel the Booking
We will do everything reasonably necessary to prevent the cancellation of a Tour. However, if a Tour must be cancelled due to Our illness, injury, accident, death or other unforeseeable circumstance:
(i) You shall be entitled to a Credit Note.
(d) You indemnify Us in respect of all liabilities, claims, damages, actions, costs and expenses which may be incurred by You on a full indemnity basis (whether successful or not) as a result of or arising out of or otherwise in connection with the cancellation of a Booking including but not limited to the costs of travel, accommodation and legal fees.
6 Covid -19 Requirements
(a) We will not accept a booking from You if you are not fully vaccinated for COVID-19 or You don’t commit to such a requirement. If You make a booking and are unable to meet the requirement, You shall be barred from the premises, event or service and Our cancellation policy shall apply.
(b) You shall comply with all Government (Federal and State) requirements for entry into Western Australia or to access the operator's premises, event or service. Where You do not comply, and You cancel or are unable to access the operator's premises, event or service, the customer shall forfeit any and all monies paid.
(c) Where You obtain a negative result to a COVID-19 test, We may in Our absolute discretion allow You to participate in or re-join the Tour. We request the right to request supporting evidence of any negative test results.
(d) Where You present with an elevated temperature or other symptoms of COVID-19 or any other communicable disease or virus (whether you are aware of the condition or not), We may in our absolute discretion:
(i) refuse You participation in the tour;
(ii) request that You wears a face mask or other protective equipment;
(iii) request that You undertake a Rapid Antigen Test; and or
(iv) request that You conclude the Tour / leave the premises at the earliest possible and safest opportunity.
(e) Where clauses 6 (d) (i) and (iv) apply, the tour will be deemed to have been cancelled by You and Our cancellation policy will apply.
(a) You are strongly advised to insure against Tour, travel and flight cancellation, loss of deposit, cancellation fees, baggage and all medical expenses including medical evacuation.
8 Age and Health Requirements
(a) You must be at least eighteen (18) years of age to participate in a Tour.
(b) Tours are operated in remote locations in Australia.
(c) During Our Tours You will explore a range of remote wilderness environments and activities which may involve walking over rocky and sandy ground, wading in water during daylight and at night.
(d) A reasonable level of fitness and mobility is necessary to participate in the Tours.
(e) You must complete a Personal Medical Details Form prior to departure.
9 Risk Warning
(a) Our Tours will be rendered with all reasonable care and skill.
(b) We shall not be liable to You for any loss suffered including death, injury, accident, damage or medical expenses and evacuation arising out of but not limited to:
(i) walking, rock walking and/or climbing;
(ii) car and bus travel and helicopter flights and/or air travel;
(iii) swimming, snorkelling and/or bathing in waters where crocodiles, sharks, jellyfish and snakes live;
(iv) dehydration and burns; and/or
(v) snake bite.
(c) You engage in any Tour supplied by Us at Your own risk.
10 Permission to display images
(a) You give permission to Us to use photographic images obtained on a Tour for publications and public relations activities. In particular, this may include use in print and electronic media including Our website, the Internet and official social media platforms.
(b) You understand that We will not be accountable should overseas recipients of the images breach Australian privacy laws and that You will not be able to seek redress under the Privacy Act.
(c) You consent to the collection, use and disclosure of Your image, including disclosure to overseas recipients.
11.1 No assignment
A party must not assign any of its rights or obligations under this agreement without the other party’s prior written consent.
11.2 No waiver
No delay or indulgence by a party in enforcing this agreement will prejudice or restrict the rights of that party, nor will a waiver of those rights operate as a waiver of a subsequent breach.
11.3 No disadvantage to party preparing section
No part of this agreement is to be construed to the disadvantage of a party because that party was responsible for its preparation.
If any provision of this agreement is or becomes invalid or unenforceable then, if the provision can be read down to make it valid and enforceable without materially changing its effect, it must be read down, and otherwise the offending provision must be severed and the remaining provisions will operate as if the provision had not been included.
This agreement is governed by the laws of Western Australia and the parties submit to the non- exclusive jurisdiction of the courts of that state.
Collection of Information
In order to use the Pamela Jennings Photography website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by Pamela Jennings Photography is collected via correspondence from you or your company. This may be via the telephone, Email, mail or directly through our website.
Use of Collection Information
Any details collected from Pamela Jennings Photography customers is required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.
Storage of Collected Information
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our Website, you can email us at firstname.lastname@example.org
Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at email@example.com
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
Pamela Jennings Photography uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at firstname.lastname@example.org .
Pamela Jennings Photography may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose. Pamela Jennings Photography does not share any information with third parties for any unknown or unrelated uses.
Third Party Cookies and other Identifiers
We use identifiers such as cookies, Web beacons and IP addresses to make interactions with users easy and meaningful. We occasionally engage third parties to track and analyze usage and volume statistical information from users of Pamela Jennings Photography user interfaces, including our website, www.pamelajennings.com.au We also may use other third-party cookies to track the performance of our advertisements. The information provided to third parties includes no personal information, but this information may be re-associated with personal information after we receive it.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
Links on the Pamela Jennings Photography site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.pamelajennings.com.au
Pamela Jennings Photography uses Ecwid payment gateway for its online transactions. Ecwid doesn't collect, hold or process your money in any way. Instead, Ecwid integrates with a variety of payment gateways which make the payment transactions from the buyer to the seller. So, Ecwid serves as a transmitter in your transactions: it collects your information and passes it to special payment systems - third party payment gateways/processors that specialize in processing credit cards and provide security level required for storing and manipulating with such sensitive data, for example PayPal. Ecwid processes online credit card transactions for thousands of merchants, providing a safe and secure means of collecting payments via the Internet.
• Payments are fully automated with an immediate response.
• Your complete credit card number cannot be viewed by Pamela Jennings Photography or any outside party.
• All transactions are performed under 128 Bit SSL Certificate.
• Ecwid at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Pamela Jennings Photography.
For more information about Ecwid payment gateway please visit https://www.ecwid.com