New Leaf Connect - Tours & Transport

GENERAL TERMS & CONDITIONS Definitions “Activity” means any tour, event or attraction and any incidental activities thereto. “Agent” means a 3rd party Representative of the Provider “Authority” means: (a)a government or government department or other body; (b) a governmental, semi-governmental or judicial person, including a statutory corporation; or (c)a person (whether autonomous or not) who is charged with the administration of a law. “Booking” means booking the Activity. “Cancellation Fee” means: (a)such portion of the Cost as referred to in clause 4; or (b)such other amount as stipulated by the Provider from time to time. “Cost” means the total amount payable to the Supplier by the Customer for the Activity. “Customer” “You” or “Your” means the person making the Booking (and includes all persons included in the Booking). “Deposit” means a non-refundable and non-transferrable payment made to the Provider at the time of 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: (a)inability to obtain goods, supplies or services, including fuel, accommodation or access to an attraction; (b)forces of nature (including fire, earthquake, storm, flood or other casualty or accident); (c)war, civil strife or other violence; (d)industrial action, or any action or inaction by an Authority; (e)any law, order, proclamation, regulation, ordinance, action, demand or requirement of any Authority; and (f)epidemic or pandemic to the extent that restrictions (including lockdown and quarantine restrictions) are imposed by any Authority. “including” is deemed to be followed by the words “without limitation”. “Provider” “We” “Us” or “Our” means New Leaf Connect Tours, its Representatives and assigns. “Representatives” means the agents, directors, officers, contractors, volunteers or employees of the Provider. “Reservation” means the Booking. “Waiver” means the Waiver, Release, Discharge and Indemnity published by the Provider and accepted by the Customer at the time of making the Booking. Rates And Charges Rates quoted are in Australian Dollars ($AUD) and are subject to change at any time, without notice in the event of changes to government charges, taxes or levies. Unless otherwise stated, all amounts payable by the Customer are inclusive of GST. 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. New Leaf Connect Tours 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, or for which a Deposit has been paid. Any verbal rate quoted is only an estimate of price, which will be subject to written confirmation of the reservation at the time of Booking. All rate conditions will be confirmed at the time of Booking. All payments from overseas bank accounts must pay the invoice in full. Any bank and/or transaction fees are not payable by New Leaf Connect Tours. Child Policy Children, 3 years and under not permitted to participate in the Activity, however can attend in child carriers worn by a paying customer at all times throughout the tour free of charge Children aged 4 to 12 years inclusive will be eligible for the child Rate and are permitted to participate in the Activity under the supervision of a paying Customer. Child seats available on request Bookings – Consumer Direct All bookings are subject to availability. New Leaf Connect Tours reserves the right to decline any Booking or requests at its absolute discretion. Unless otherwise determined by New Leaf Connect Tours prior to or at the time of Booking, the following provisions apply: (a)Full payment shall be paid at the time of Booking; (b)A list identifying all persons participating in the Activity is to be provided at the time of Booking; Specials / Packages: (c)New Leaf Connect Tours reserves the right to promote / offer the Activity on terms and conditions different to the T&C (including as to Cost, Deposit, 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. Payment Options – Consumer Direct A valid credit card is required at the time of making an online Booking. Your credit card will be held as security for your Booking and utilised for any payments, outstanding charges, Cancellation Fees, no-show fees, damage and any breach of these T&C’s. 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. Offline Bookings made by email or phone may be paid by Direct Deposit to New Leaf Connect Tours nominated account on the booking confirmation. Direct booking payments are accepted by the following methods: Electronic Funds Transfer (EFT)/Direct Deposit Mastercard and Visa Cards Accepted (A$ {2.5% surcharge} will apply to all credit card transactions). 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 Activity, or any part thereof, to other persons. Cancellation Policy – Consumer Direct All cancellations by the Customer 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. Subject to these T&C’s, where the Customer cancels the Booking: (a)[8] or more days prior to the commencement of the Activity, no cancellation fee will apply (b)Within [7] days or less prior to the commencement of the Activity, a Cancellation Fee equal to [50]% of the Rate 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; (c)Within [48] hours 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. Amendments – Consumer Direct All requests to amend a Booking by a Customer must be in writing and sent to the Provider. It is the Customer’s responsibility to ensure the Provider has received notice of any amendment of the Booking. If the Customer requests an amendment to the Booking date [48] hours or less prior to the commencement of the Activity (including on the day of the Activity), such request will be deemed a cancellation by the Customer and all monies paid by the Customer will be forfeited. Change of Activity Refund Policy The Customer acknowledges that the nature of the Activity is likely to require considerable flexibility. The itinerary / program provided for each Activity is representative of the types of activities contemplated. The Customer acknowledges that routes, schedules, itineraries, amenities, activities and mode of transport and other inclusions may be subject to alteration without prior notice due to local circumstances or events. As such the Provider reserves the right to: cancel or modify any routes or any other aspect of the Activity; substitute different or equivalent routes or aspects of the Activity; or postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the Activity if in the absolute discretion of the Provider it is necessary to do so. In the event of any change, modification, cancellation, postponement or delay to the Activity as contemplated under this clause, the Customer acknowledges that the Customer will 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. Force Majeure Event Refund Policy 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 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. In the event of a Force Majeure Event, the Provider, in its absolute discretion may: (a)substitute a different or equivalent Activity in place of cancelled or modified Activity; (b)postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Activity if in the absolute discretion of the Provider it is necessary to do so; (c)offer a transfer of the Activity, 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 travel within 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 Activity 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. New Leaf Connect Tours reserves the right to refuse carriage when guests are believed to be affected by alcohol or drugs for the safety of all guests. Full ticket fares will be forfeited under these circumstances and no refund will be provided. 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. Personal Information – Consumer Direct The Customer’s personal information may be used by the Provider and may be disclosed to the Provider’s Representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Booking. Any use or disclosure of the Customer’s personal information by the Provider will be in accordance with the Privacy Act 1988 (Cth). The Customer acknowledges that photos or video of the Customer may be taken by the Provider or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Customer specifically requests in writing to the Provider to not use the Customer’s image. Otherwise, the Provider is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes. Severance If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all of the provisions and part provisions remaining after severance. Governing Laws The T&Cs are governed by and shall be construed in accordance with the laws of the Western Australia. The parties irrevocably: (a)submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts: (i)for determination of any dispute claim or demand; or (ii)with respect to any proceedings which may be brought at any time relating to these T&C, (b)waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum.