Terms and Conditions, Privacy, Security

TERMS & CONDITIONS 2022/2023

1.1        Definitions

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.

1.2        Interpretation

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.

 4       Payments                                                   

(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.

 5       Cancellation Policy                                   

(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:

          (a)      any additional costs payable on the new Tour will be payable by You in full at the time of booking;

          (b)      additional costs may apply for the Tour in future seasons; and

          (c)      the Credit Note, or any balance on a partially used Credit Note, is not redeemable for cash.

(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.  

(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.

(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.

(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.

(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.

11.4        Severability

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.

11.5        Jurisdiction

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.