Terms of Business
These General Terms of Business (Terms) form a legal agreement between Exclusive East Tours Pty Ltd ACN 600 339 562 (EET) and tour participants with respect to the Tour Packages. By placing a booking for any services of EET, you agree to be bound by these Terms. If you do not agree to these Terms, you must not participate in any Tour Packages.
1 The meaning of some words used in these terms and conditions
we, us or our is a reference to EET.
you or your is a reference to the person to whom we are providing our Tour Package and who is required to pay for the Tour Package we provide.
Materials means any materials, goods, parts or items we need to buy necessarily in order to perform the Tour Package (for example admission tickets).
Parties is a reference to both us and you.
Tour Packages means the tour guide services we will provide as selected by you. The precise services we will be providing to you are stated in our ‘Tour Packages’ document which is enclosed with this document (or has been previously provided) and as we agree from time to time.
2 Entering into a legally binding contract
2.1 A contract between you and us will come into being in one of these three ways: (a) when you sign any order form provided by us;
(b) where you place a booking with us for one of our Travel Packages which is confirmed as accepted by us; or
(c) Where we agree orally that we will provide the Tour Package.
2.2 We suggest that before you sign any order form or orally agree to us providing the Tour Package that you read through these Terms. If you have any questions concerning them please ask us. 2.3 You should keep a copy of these Terms for your records.
3 Your obligations
3.1 By booking a Tour Package with us:
(a) you warrant that you have authority to bind any business on whose behalf you use the services of EET; and
(b) if you are a consumer (an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession), you confirm that you are at least 18 years of age and are legally capable of entering into a legally binding contract.
4 Providing the services
4.1 Once we have entered into a legally binding contract, we will provide the Tour Package to you on a date agreed between us without further discussion with you. Occasionally the Tour Package will be provided at some other date or time or be dependent on a number of factors. 4.2 Our aim is to always provide you with the Tour Package:
(a) using reasonable care and skill;
(b) in compliance with commonly accepted tourism practices and standards; and (c) in compliance with laws and regulations in force in New South Wales at the time we are carry out the Tour Package.
4.3 You agree to comply with all rules or directions given by EET staff or officials in connection with the Tour Package.
5.1 We aim to carry out the Tour Package on the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that the performance of any individual part of the Tour Package will be able to be completed on your requested date.
5.2 If we cannot provide the Tour Package to you on a particular date, then you may choose either to set a new date for the Tour Package or you can terminate the contract and we will provide a full refund for any amount already paid by you to us, or an apportioned amount for any Tour Package that has already commenced.
5.3 In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs, we will normally attempt to recommence performing the Tour Package as soon as the situation which has stopped us performing the Tour Package has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Tour Package. The following are examples of events or situations which are not within our reasonable control:
(a) where you make a change in the Tour Package you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
(b) where we have to wait for other providers of services (who have been engaged by you) to complete tasks before we are able to perform the Tour Package (or the relevant part of the Tour Package dependent on the other provider if ordered at short notice) (for example other tour operators or drivers);
(c) where we are unable to gain access to a particular location to carry out the Tour Package at the times and dates we have agreed with you; or
(d) for other some unforeseen or unavoidable event or situation which is beyond our control.
6 Price, estimates and payment
6.1 We normally charge for our Tour Packages on a price per person for each tour package. 6.2 Payment for Tour Packages is normally required in full prior to us commencing the provision of any services to you.
6.3 All amounts stated (whether orally or in writing) are inclusive of GST unless otherwise stated.
7 If you do not pay when required to
7.1 If you fail to make payment prior to the date of your Tour Package (or any other date or time agreed with us) we may suspend performing the Tour Package until you make payment or may determine not to perform the Tour Package.
8 Exclusion and limitation of liability
8.1 Participation in the Tour Package is at your own risk. You understand the risks of participation in the Tour Package including, without limitation, the risk of serious injury or even death. 8.2 We do not make any representation or warranty, nor accept any responsibility or liability in relation to your participation in the Tour Package or any other matter in relation to the Tour Package.
8.3 Any implied term, condition or warranty is excluded to the extent permitted by law. However nothing excludes, modifies or limits any term, condition or warranty implied or imposed by statute which must not be excluded, modified or limited.
8.4 To the fullest extent permissible at law, we are not liable for any direct, indirect, punitive, incidental, special or consequential damages. We will only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
8.5 Our liability of a breach of a condition or warranty implied by the Australian Consumer Law is limited to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; and
(iv) The payment of the costs of having the goods repaired.
(b) in the case of services:
(i) the supplying of the services again; or
(ii) The payment of the cost of having the services supplied again.
9 Communicating with us
9.1 If you wish to send us any notice or letter then it needs to be sent to the address below and should be marked for the attention of Jennifer Soicher.
Email: [email protected]
Post: P.O BOX 15 ROSE BAY 2029 NSW
Phone: 0412 474 900
9.2 If we wish to send you a letter or notice we will use the address or email address you have given us when making a booking.
10 Cancellation and refund policy
10.1 Once we enter into a binding contract with you, you will normally not be able to terminate the contract, except where we agree or as otherwise provided for in this contract.
10.2 If we agree to terminate the contract then you will be responsible for the cost of: (a) any of our time in performing the Tour Package up to the date we stop providing services; and
(b) Any Materials we have purchased up to the date of termination for the Tour Package. 10.3 If you:
(a) purport to terminate the contract; or
(b) give notice purporting to terminate the contract; or
(c) otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you terminating the contract,
we do not have to accept your termination of the contract except as provided in paragraph 10.2 or as otherwise provided for in this contract. However, we may choose to accept termination of the contract, and if we choose to do so you may be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
10.4 If a Tour Package is cancelled within 72 hours of the agreed time for performance, any amounts paid to us will be forfeited by you. These amounts may be applied to a rescheduled Tour Package.
11 Intellectual Property
11.1 You acknowledge and agree that we own all rights, title and interest in and to our Tour Packages, including without limitation all intellectual property rights therein. Our rights do not include any third-party content used as part of any Tour Package.
11.2 You must not copy, reproduce, alter, modify or create derivative works of any of the intellectual property in the Tour Packages, save as permitted by law.
11.3 Unless you advise us to the contrary, you authorise us to use your name and likeness (including without limitation, photographs and video footage from the Tour Package) for our own promotional and publicity purposes (including use on our website or social media accounts).
12 Dispute Resolution
12.1 If you or us have a dispute in connection with this contract, a party may give the other a notice of the dispute. For the next 30 days after the notice is received by the other party (or any other period agreed by the parties to the dispute), the parties to the dispute must meet and negotiate
genuinely and in good faith to resolve the dispute. If the dispute is not resolved within 10 business days after the notice is received by the other party, the senior management of EET and you must try to resolve the dispute for the remainder of the 30 day period.
12.2 Only after this may either party seek recourse to an external dispute resolution mechanism. 12.3 The parties agree that they must attempt to reach an objectively fair and reasonable solution to any dispute.
12.4 Nothing in this clause prevents either party from seeking urgent injunctive relief.
13 Amendments to the contract terms and conditions
13.1 We will have the right to amend the Terms of this contract where:
(a) we need to do so in order to comply with changes in the law or for regulatory reasons; or
(b) We need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.
13.2 Where we are making any amendment we will give you 30 days’ prior notice (unless the contract is terminated before that period).
14.1 Your privacy is important to us and we will strive to collect, store, and transfer and handle your personal information with respect and in accordance with the Privacy Act 1988. 14.2 We may use your personal information (in whole or in part, and in identifiable and de-identifiable formats) in order to provide our Tour Packages to you, including any service that is ancillary to a Tour Package, including administration, transport, management or marketing. We may further disclose your personal information to third parties as part of providing a Tour Package to you. We may also disclose your personal information to comply with any court order, law or legal process.
14.3 You warrant that any personal information that you disclose on behalf of any other person to us has been collected in accordance with the Privacy Act 1988 and any disclosure of that personal information, and its use by us, is authorised by or under the Privacy Act 1988. 14.4 You should not book a Tour Package with us if you do not accept this clause 14 (Privacy).
15 Law and jurisdiction
15.1 This agreement takes effect, is governed by, and is construed in accordance with the laws from time to time in force in New South Wales, Australia.
15.2 The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Signed ______________________________ Date: ________________________________