- Definitions
Unless the contrary intention appears, in these Terms and Conditions:
- Cancellation Fee means a non-refundable fee of €350 taken from your Deposit when you cancel your Reservation after you have received Reservation Confirmation;
- Captain means the captain of any other ship engaged by us to operate the Tour.
- Customer, you, your, etc, whether capitalised or not, means the Customer(s) described in the Customer Reservation Form or the person or entity requesting Goods and Services from us;
- Customer Reservation Form means the document completed by you on our Online Reservations Portal required to confirm your Reservation;
- Departure means the day your Tour starts as confirmed by us in writing;
- Deposit means any amount of the Price that we require you to pay to us prior to the confirmation of your Reservation, as outlined in our Reservation Confirmation;
- Documents means, collectively, these Terms & Conditions, Privacy Policy, Customer Reservation Form, or any other documents we supply to you or request you to complete, from time to time;
- Experience means an experience, excursion, activity, booking or the like, operated by a third-party provider;
- Final Payment means the remainder of the Price less the Deposit, due and payable on the date confirmed by us, as outlined in the Reservation Confirmation;
- Goods or Services means any goods or services we supply or perform, or that we supply or perform to you as part of our Croatia cruising Tours, as listed on our Website;
- Online Reservations Portal means the online booking platform on our Website;
- Payment means any payment forming part of the Price, including the Deposit, which constitutes an acceptance of these T&C’s;
- Payment Term means the Payment Terms that you agree you will pay us to provide goods and/or services, as agreed to when submitting the Client Details Form and paying the Deposit.
- Price means the price(s) that we agree to supply Goods or Services to you, as determined or amended by us from time to time in accordance with these T & Cs;
- Privacy Policy means the Privacy Policy on the Website;
- Promotional Price means a reduced amount of the final purchase Price that may be subject to different terms and conditions as specified by us;
- Reservation means:
- a request for Goods or Services that you make from us through our Online Reservations Portal; and
- we have received:
- the Deposit; and
- a completed the Customer Reservation Form; and
- you received a Reservation Confirmation; that
confirms we have reserved a place on your selected Tour.
- Reservation Confirmation means confirmation in writing by us that your Reservation was successful;
- Services means any service we supply or perform, or that we supply or perform for you, from time to time;
- Terms & Conditions or T & C’s means these Terms and Conditions, and any annexures, schedules or attachments to it, including our Privacy Policy.
- Third-Party Operator means Ambassador Travel d.o.o or any other providers we engage as part of the Tour.
- Tour means a Croatian cruising Tour as listed on our Website and the Goods and Services we supply to you.
- Trip Manager means a representative of BBK Travel in attendance on the Tour.
- Website means www.yachtclubcroatia.com.au
- Yacht Club Croatia, YCC, BBK Travel, us, we, our, etc, whether capitalised or not, means BBK Travel Pty Ltd ACN 670 783 703;
- Application of T & Cs
- You are agreeing to accept the Goods or Services provided by us.
- Any brochures, price listed on our website, other marketing material or any quote for Goods or Services that we give to you is an invitation to treat, only, and not an offer by us to provide such Goods or Services, and any list prices may be amended at our discretion.
- Nothing in these T & Cs, or the Documents, constitutes any representation, warranty or guarantee that we will accept any Reservation for Goods or Services, and we may accept or reject your request at our absolute discretion.
- A contract or agreement for the supply of Goods or Services only arises when you make a Reservation, and we provide you with a Reservation Confirmation.
- We may amend these T & Cs at any time at our sole discretion. Any Reservation you make will be deemed to be your acceptance of these T & Cs, and any amendments thereof, that are current as displayed on our Website.
- Payment
General
- If you make a Reservation you must pay to us, in accordance with paragraph 3(c) and:
- the Price for the Goods or Services;
- any third-party disbursements; and/or
- any other out of pocket expenses that we incur in providing the Goods or Services to you, as specified in your Reservation Confirmation or our acceptance thereof.
- You are solely responsible for the payment of any tariff, excise, tax or duty payable in relation to the Goods or Services whatsoever and you irrevocably indemnify and keep us indemnified from all liability we may incur in relation to such tariff, excise, tax or duty. This clause does not apply to income tax that we are liable for.
- You must pay us the amounts payable in paragraph 3(a), in the following manner:
- The Deposit must be paid immediately, or we will not provide you with a Reservation Confirmation;
- the Final Payment will be due prior to Departure, as outlined in your Reservation Confirmation;
- You are entitled to pay the entirety of the Price when making your booking.
Deposit Specific Terms
- Despite anything else in these T & Cs, unless or until you pay us the Deposit, we will not be required to send you a Reservation Confirmation or supply Goods or Services to you, whatsoever.
- Any Deposit paid by you to us immediately becomes our property and we can use the Deposit as we see fit.
- Subject to your rights under Australian Consumer Law, your Deposit is non-refundable (less the Cancellation Fee) unless:
- Your Tour is cancelled or significantly altered by us our or a Third-Party Operator; or
- You cancel your Reservation after the Final Payment is due.
Cancellation Fee
- Should you cancel you Reservation after we have issued the Reservation Confirmation, we will be entitled to withhold the Cancellation Fee;
- The Cancellation Fee is non-refundable, subject to your rights under Australian Consumer Law.
- Reservations
- Your Reservation will not be confirmed until we receive the Deposit and completed Customer Reservation Form for all persons included in your booking;
- Your Reservation is not confirmed until you have received the Reservation Confirmation;
- The Final Payment will be due on the date given in the Reservation Confirmation;
- Should you make a booking within 90 days of Departure, the total amount of the Price will immediately become due and payable to confirm your Reservation;
- We may from time to time offer a Promotional Price where we will confirm in writing the Price and any amounts due and payable required to confirm your Reservation;
- We reserve the right to refuse a request for Goods or Services without giving any reason and shall return any Deposit received if your Reservation is rejected or terminated by us;
- BBK Travel will not be held liable for any cancellation charges, costs, or expenses incurred by you, including third party travel expenses, if your Reservation is terminated for any reason;
- Your Reservation Confirmation will be sent by email. All correspondence will by email and you agree to take responsibility to set email filters to accept our email address. No extensions will be given for misplaced emails filtered into junk mail folders.
- Booking Changes
- We will not charge for name changes or corrections or minor booking changes unless there are third party costs incurred, which will then be passed on to the Customer;
- A Cancellation Fee will be payable when a change is to an alternative departure and the Tour price is equivalent or greater, in which case third party fee’s may be payable.
- Cancellation and Refunds
- Cancellation by the Customer
- Reservations may be cancelled at any time by written notice, by the Customer who made the Reservation;
- If notice of a cancellation is received before Final Payment is due, the Deposit will be refunded less the Cancellation Fee;
- If a Customer fails to join the Tour on the day of Departure, we will retain the entirety of the Price as a cancellation fee;
- The Customer will not be provided with a refund or partial refund where they notify us they will be delayed and unable to make the Departure time or date, and they join the Tour at a later time or date. Any costs incurred by the Customer will be at their own expense;
- We may charge additional cancellation fees where we have paid or contractually committed to pay to third parties to deliver your travel arrangements, which we cannot reasonably recover:
- Any payments we have made to third parties will only be refunded to you once we have deducted the Cancellation Fee and charges and recovered any amounts from the third parties.
- The Cancellation Fee is non-refundable under any circumstances, subject to your rights under Australian Consumer Law.
- Cancellations by BBK Travel
- We reserve the right to modify or cancel any Tour, boat, accommodation, Excursion, inclusion, activity, booking, Reservation or arrangement at any time;
- If the Final Payment or any part of the Price has not been received by the due date outlined in the Reservation Confirmation, we reserve the right to terminate your Reservation without refunding any money already held by us.
- Illness, Absence or Missed Departures
- If you or a party to your booking is ill, absent or misses the Departure, we will not refund the Price;
- This is not limited to missing a departure from a port during the Tour.
- Cancellation by the Customer
- Behaviour
- We reserve the right to cancel your booking without a refund of any monies paid, including termination during a Tour, should we deem your behaviour to be poor, unacceptable or endangering the safety of our Trip Managers, other passengers, boat crew or the general public.
- This includes but is not limited to:
- Physical violence;
- Excessive alcohol consumption;
- Possession, carriage or use of restricted substances or drugs (except for medical purposes as approved by your doctor);
- sexual harassment or sexual assault;
- Verbally abusive or offensive language;
- Aggressive behaviour
- Bullying;
- Damage to property;
- Inappropriate or abusive behaviour including uninvited physical conduct, harassment, violence or threat of violence;
- Failure to comply with our reasonable direction or that of our Trip Manager or boat crew;
- Conduct which in our opinion, is not compatible with other guests general enjoyment and wellbeing or the smooth operation of the Tour;
- Possession, carriage or use of dangerous items, such as weapons;
- Breaking the law of the country in which you are travelling;
- Behaviour or conduct that brings us into disrepute or may damage our goodwill; or
- Any other behaviour us, our Trip Managers or ship crew deem to be unacceptable.
- We shall not be held liable to pay compensation or meet any costs or expenses Customers incur as a result of their Reservation or travel arrangements being terminated.
- If you damage any property, you must reimburse the property owner for the cost of the damage before the end of your stay, if the cost has been established by then, or as soon as it has been established if later.
- You are responsible for any costs incurred as a result of excess cleaning fees related to your accommodation. You are advised to immediately report any pre-existing damage in your room to ship crew or your Trip Manager as soon as it is discovered,
- Itinerary Variations
- We may need to vary a Tour itinerary for any reason including but not limited to:
- Weather;
- Port conditions;
- Availability to dock;
- Safety;
- Operational reasons;
- Any reasons given by the Captain or Trip Manager.
- We reserve the right to alter or substitute the type, size of vessels and/or style of transport advertised;
- The Captain reserves the right to change the route or itinerary in case of bad weather conditions, on advice from local port authorities or for any other reason at their discretion.
- Some Excursions or optional Excursions, such as the Blue Cave or the Mljet national park, may not be accessible or operate due to any of the reasons listed at 8 (a), or at the discretion of the Captain or Trip Manager.
- We may need to vary a Tour itinerary for any reason including but not limited to:
- General Indemnity
- In addition to anything else in these T & Cs, you indemnify us, and we are entitled to recover from you, all costs, expenses, loss, damage, and liability whatsoever (including debt recovery or legal costs on a full indemnity basis) incurred or suffered by us caused by, or arising out of:
- you failure to comply with your obligations under these T & Cs; or
- our enforcement of our rights under these T & Cs or any of the Documents, regardless of whether such enforcement action is successful or not; or
- any wilful misconduct by you; or
- any negligent act or omission by you; or
- unsuccessful legal actions.
- You release and indemnify us from all costs, expenses, loss, damage, and liability whatsoever, incurred or suffered by you or us, arising out of your use of the Goods or Services we supply to you.
- You agree not to hold us or our related entities liable for any actions we take under these T&C’s.
- In addition to anything else in these T & Cs, you indemnify us, and we are entitled to recover from you, all costs, expenses, loss, damage, and liability whatsoever (including debt recovery or legal costs on a full indemnity basis) incurred or suffered by us caused by, or arising out of:
- Price
- We may, at our discretion, amend the Price for Goods and Services from time to time as we see fit;
- The Price is payable in Euros (€) only and you will be responsible for any charges, fees, levies or taxes and exchange rates payable when you make payment in a currency other than Euros;
- The Price is inclusive of GST;
- The Price is not inclusive of local port taxes. Each Customer agrees to pay €80 per person on Departure to the ship or captain, in cash. This payment will be included in your final invoice and your Reservation Confirmation;
- Certain meals are included in the Price, as advertised;
- Certain beverages, including alcohol and soft drinks, are not included in the purchase price and will incur a fee onboard, tallied and payable to the boat crew at the destination port.
- The Price does not include a tip to the boat crew. Your Trip Manager will provide you with guidance on how much to tip the crew at the end of your Tour.
- Accommodation
- Accommodation aboard is priced on one bed in a twin cabin or double cabin;
- Cabins are assigned randomly based on whether you have purchased an upper or lower deck cabin;
- When travelling solo and you book one bed in a twin bedroom, we will try match you with someone of the same sex. However, this cannot be guaranteed and we will contact you prior to departure to advise you we are unable to place you in a room with someone of the same sex;
- Toilets and bathrooms will be made available to all guests, however we will not provide a refund or compensation should a toilet or bathroom located in your room be unavailable, inoperable or under repair, for any reason.
- Please email us at info@yachtclubcroatia.com.au if you have a special accommodation request at the time of booking.
- Complimentary WiFi is available on our ships however we cannot guarantee its availability in all locations, its speed or quality. WiFi onboard is often slow and at times may be unavailable.
- Health, Reduced Mobility, Medical Conditions, Disability and Assistance When Travelling
- If you suffer from any health, reduced mobility, disabilities or medical conditions which may affect your holiday arrangements you must provide us with full details before booking so that we can advise you if we can accommodate your request and provide you with precise information as to the suitability of the holiday taking into account your needs;
- We will not be liable for any damage, injury, death or loss of any kind resulting from your failure to disclose relevant mobility, disability or medical conditions;
- We cannot provide or guarantee access to wheelchairs, hearing aids, walking devices, prescription medical devices or personal items, personal services or ease of access for those with medical conditions, impairments or disabilities.
- We do not employ, or provide access, to medical professionals.
- Should you require medical attention during the Tour, you will need to attend a local hospital or medical facility at your own expense. Where possible, our Trip Manager or ship crew will assist you to attend a medical facility.
- You agree we are not responsible or liable for any losses or costs incurred as a result of medical services obtained while on Tour, or for the quality of the care or services received.
- A number of locations are not easily accessible, not accessible by wheelchair or require you to cross rugged terrain whilst on land.
- You may be required to walk on cobblestone streets, up stone steps, uneven ground or stone.
- During inclement weather, terrain may become slippery when wet and you agree to exercise caution.
- Access to our ship from port may at times require you to walk between boats or over a gangplank as our ships may be moored next to and joined with, other ships.
- We cannot guarantee ship access or accommodation for those with a disability, impairment or injury, on any of our ships. Where given notice, we can enquire with our third-party suppliers to try and make arrangements to suite your needs, but we cannot make any guarantees.
- When you cross from our ship to another, or between other ships where there are gaps, you agree to take care and do so at your own risk. Assistance may be given by crew where requested.
- Some travellers may experience sea sickness and we ask you speak to your medical practitioner prior to booking;
- We may request you provide us an assessment of your condition from a qualified medical practitioner;
- If you have any dietary requests, requirements or allergies, please advise us at the time of booking. All reasonable requests will be passed on to our third-party suppliers however this is not a confirmation that your request will be met and all requests are subject to availability.
- Exclusion from the Trip
- Where it is the opinion of our directors, employees, Trip Managers, agents, boat crew or third-party suppliers that your:
- health, level of fitness or conduct is endangering or appears likely to endanger your health, wellbeing or any third party (including guests); or
- the safety, comfort, happiness or progress of the Tour for you or other guests may be affected by you; then,
- Where it is the opinion of our directors, employees, Trip Managers, agents, boat crew or third-party suppliers that your:
you may be excluded from all or part of the Tour without refund or compensation.
- Third-Party Operators
- Our ships are operated by independent Third-Party Operators who are not employees, contractors or agents of BBK Travel or its associates. You agree to adhere to their direction at all times;
- Ambassador Travel d.o.o operate the ships that undertake our Tours;
- You agree to follow any ship rules on display onboard or given to you verbally by your Trip Manager or a member of the ship’s crew during the Tour.
- No outside food or drinks (alcoholic and non-alcoholic) can be brought on board under any circumstances, unless allowed by the Trip Manager, Captain or ship’s crew;
- Experiences are offered by third-party suppliers and not part of the Goods or Services provided by us;
- Where an Experience is outdoor or physically demanding and you may be required to sign a waiver. You must make your own decisions about experiences and participate only in activities that suit your physical ability. Please consult with your medical provider if you have questions or concerns;
- You agree to not hold BBK Travel, its associates or employees liable for any injury, harm, death, loss, damage, illness, negligence, error, omission, that may occur as a result of your participation in an Experience.
- Ship Rules
- Passengers on board are obliged to abide to the ship rules, as the Captain is responsible for the safety of all passengers and the crew.
- The Captain reserves the right to change the Tour itinerary where there is or may be inclement or unsafe weather, issues with a port or the safety of those on board cannot be guaranteed.
- You may be required to hand your passport to your Trip Manager or the Captain for registration on the first day of the cruise. The Captain may be required to hold your passport for the duration of the Tour where required by port authorities, to prepare ship documentation or at the Captain’s own discretion.
- You must not jump or dive from the boat while it is under movement. You may only enter the water when given permission by a ship crew member.
- You must not climb over the ships railings.
- A safe entry point to the water is provided at swim stops and will be pointed out to you by ship crew and your Trip Manager.
- You must not jump from the ship whilst on anchor and do so at your own risk. You agree we will not be held responsible for any injuries or accidents that occur as a result of your entry in the water from any point, other than the safe entry point.
- You agree that you will only enter the water at a swim stop if you are a competent swimmer and of good health. We do not provide lifeguards and will not be held responsible for your safety in the water.
- The ships deck is often slippery, and care should be taken at all times, particularly at swim stops, when the boat is under navigation, whilst the boat is being cleaned by crew or during inclement weather. You agree you will not hold us responsible should you injure yourself or damage the ship, if you slip and/or fall.
- The ships crew will communicate where safety jackets are stored at the start of your Tour.
- Certain ports and destinations require loud noise and music on board to stop at 23:00hrs each night. Your Trip Manager will notify you when this curfew is enforceable.
- You agree that you are responsible for all your personal belongings during the Tour. You agree you will not hold us or any third-party operators responsible for any damaged or lost items.
- Do not throw anything into the toilets except toilet paper;
- Rubbish is not to be thrown into the sea;
- Passengers are not permitted to bring drinks and food on the boat unless you receive permission from the ship crew or the Trip Manager.
- Bed linens cannot be taken out of the cabins and you may incur a fee for damage or lost linen.
- You must not smoke or vape inside the ship and may only smoke in certain designated areas.
- Each day, your Trip Manager will provide you with a daily run sheet, displayed either on the board displayed on the ship, or sent to you electronically. This will include departure times, meal times, activities and other important information.
- The Captain may not adhere to communicated departure times and may depart from a port earlier or later, at their own discretion.
- Where you are not onboard during departure from a port, you agree to make your own way to the next destination and you will not be compensated for missing the departure under any circumstances.
- Any damage must be compensated to the Captain by the passenger.;
- Water and electricity is rationed as it is in limited supply on the ship;
- You must close portholes in cabins in the lower deck prior to departure from a port;
- The Captain can be made available to answer any questions you may have. Please notify your Trip Manager if you have any issues with the Captain or crew
- Travel Documents
- Please contact us immediately if any Documents we supply to you are incorrect.
- We will not accept liability if you fail to notify us of any inaccuracy in any Document within 14 days of sending them to you.
- We are not responsible for ensuring you have the correct and valid travel documents including passports, visas and vaccination certificates.
- Ensure you have at least 6 months validity remaining on your passport before you leave your home country. Many countries will not allow entry without more than 6 months remaining on your passport.
- Travel Insurance
- Travel insurance is required for all Customers that covers all applicable dates with BBK Travel.
- Travel insurance must cover Tour interruption, personal injury, death, illness, medical expenses, evacuation and repatriation during pandemic events;
- You will not be able to join a Departure without adequate travel insurance and we may cancel your Reservation without refund if you are unable to provide us with evidence of you hold travel insurance.
- We recommend that each Customer obtains baggage or luggage insurance.
- Cruise Cancellation
- BBK Travel, the cruise operator or the ship owner reserve the right to cancel any departure due to insufficient reservations up to 4 weeks before departure. We require a minimum of 21 participants on all cruises to guarantee a departure.
- BBK Travel reserves the right to cancel any departure up until the date of Departure due to force majeure or other circumstances beyond our control that prevents, may prevent or interferes with our ability to operating the Tour.
- You agree not to hold BBK Travel liable for any costs, expenses or penalties you may have incurred as a result of a cancellation of a Tour under this clause.
- Should we change, cancel or postpone any Tour in accordance with operating requirements or circumstances beyond our control, we will where possible offer you a comparable alternative if available. If an alternative is not available or acceptable, we will offer you the following:
- Refund of the Price paid by you to us, less any bank or currency conversion fees;
- Transfer to another BBK Travel Tour;
- A travel credit notice valid for 12 months.
- Any refunds can only be returned via the same method of payment made through our online payment system.
- We reserve the right to cancel any Customers booking where they cannot abide by these Terms & Conditions.
- What isn’t included in the Price
- Soft drink and alcohol purchased aboard the ship and some dinners;
- Airfares to your destination, airport taxes, visas and fees, passport;
- Laundry, visit and entrance fees, personal items, optional Eperiences, phone calls, spending money, personal expense money, sightseeing, tips to crew and Trip Managers.
- Please visit http://www.yachtclubcroatia.com.au to view all inclusions and exclusions on the itinerary page as these are updated from time to time or subject to change.
- Photography and Film
- You agree to let our Trip Manager, employees, or third parties employed or contracted by us, to take photographs and film of you while you are on Tour.
- You agree to allow us to use photographs and film in our brochures, advertising, social media and any publicly available material without obtaining any further consent or payment in respect of such photograph or film.
- Warranties and Limitation of Liability
- To the full extent permitted by the Australian Consumer Law, we exclude all representations, warranties or terms (whether express or implied), except those representations, warranties or terms contained in the agreement between you and us, including these T & Cs.
- These T & Cs include, by implication, only those warranties, conditions and terms that:
- law or legislation implies into these T & Cs; and
- law or legislation prohibits the parties from modifying, excluding or contracting away.
- To the fullest extent permitted by law, our liability for any breach of any condition or warranty or terms, or the supply of Goods or Services (including any condition or warranty implied by virtue of paragraph 21(b)), is, at our sole and absolute discretion limited to:
- refunding the Price paid for Goods or Services;
- re-supplying the Goods or Services;
- the payment of the cost of re-supplying the Goods or Services.
- To the fullest extent permitted by law, we are not liable whatsoever, for any direct, indirect or consequential loss you may suffer, including but not limited to:
- Injury;
- Death;
- Illness;
- Damages or claims whatsoever arising from loss;
- Negligence or delay from the act, error, omission, default or negligence of any person that is not a direct employee or under our exclusive control including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee.
- All baggage and personal belongings which are at all times and in all circumstances under the possession of the customer. We will not be held responsible or liable for any loss or damage to baggage or property.
- Nothing in this agreement will exclude or limit our liability in respect of any:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation on our part; or
- Matter which would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
- Complains
- Should you have any complaints about the Tour, you should inform your Trip Manager during the Tour. You agree to cooperate with the Trip Manager to resolve any issues or complaints during the Tour;
- If your complaint cannot be resolved, your complaint should be certified by the ship, written in the ships complaints book and sent to BBK Travel within 14 days of your departure from the ship.
- Should you fail to have your complaint registered with the ship, such a complaint will not be taken into consideration by BBK Travel.
- When you submit a complaint to us, we require you to provide your email, address and best contact number.
- COVID 19
- An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death.
- We may require proof of vaccination or negative COVID tests.
- COVID 19 requirements vary from country to country and you may be required to be fully vaccinated and provide evidence of vaccination. Evidence of negative COVID tests may also be required.
- Please adopt physical distancing and hygiene practices throughout your pre-Tour travel arrangements and follow all health instructions whether physical signage, or requests from our Trip Managers and boat crew.
- Operating Companies
- BBK Travel Pty Ltd ACN 670 783 703 is the Tour operator managing your Tour;
- Ambassador Travel d.o.o, Vukovarska 17, 20000 Dubrovnik, Croatia OIB 81680187516 is the local operator within Croatia and supplier of the ship. Ambassador Travel terms and conditions apply and you agree to be bound by them:
- Ambassador Travel is governed by the laws of the Republic of Croatia and European Union and you agree to be follow by these laws while on the Tour;
- Ambassador Travel may be contacted at info@ambassadortravel.hr to request a copy of their terms & conditions.
- Assignment
- You may not assign your rights or obligations under these T & Cs.
- We may assign our rights under these T & Cs at any time on terms that we see fit.
- No Waiver
- A party does not waive its rights under these T & Cs unless it gives written notice that it waives that right (and such waiver is limited to the instance referred to in such notice).
- A right is not impaired or waived by:
- a failure to exercise that right;
- a delay in exercising that right;
- a partial exercise of that right;
- a previous exercise of that right; or
- negotiations between the parties.
- Force Majeure
- We are not liable for any loss or damage you may suffer caused by any failure by us to perform our obligations resulting from, or caused by, any fact or circumstance outside of our reasonable control, including but not limited to:
- you failing to do something you are required to do under these T & Cs;
- strikes or lockouts;
- fires, storms, earthquakes, flood, explosions, landslides, lightening, action of the elements, force of nature, washout, typhoon, hurricane, cyclone, tsunami, storm warning hurricanes, cyclones, natural disasters or other acts of God;
- riots, war or civil commotions or strife;
- terrorist act, political unrest, threat of war;
- Industrial disputes, work ban or other labour dispute or difficulty;
- Governmental and administrative actions, closure of airports or ports;
- Failure or delays to schedule transportation;
- COVID 19, pandemics, epidemics or endemics.
- If any event, fact or circumstance occurs, to which clause 27(a) applies, we will use all reasonable endeavours to remove such event, fact or circumstance.
- Clause 27(b) does not, however, require us to settle any litigation, or employment or industrial dispute, whatsoever.
- We are not liable for any loss or damage you may suffer caused by any failure by us to perform our obligations resulting from, or caused by, any fact or circumstance outside of our reasonable control, including but not limited to:
- Severability
- These T & Cs must be read so that its provisions are valid and enforceable. If a provision cannot be read, and to the extent that it is invalid or unenforceable, then:
- that provision is severed from these T & Cs to the extent necessary to remove the invalidity or illegality; and
- the remaining provisions of these T & Cs remain valid and enforceable.
- These T & Cs must be read so that its provisions are valid and enforceable. If a provision cannot be read, and to the extent that it is invalid or unenforceable, then:
- Entire Agreement
- These T & Cs and the Documents constitute the entire agreement between the parties in relation to the subject matter of the Documents, and supersede all previous negotiations, understandings, representations, warranties or agreements in relation to the subject matter of the Documents.
- Variation
- We may vary these T & Cs in accordance with its terms;
- You may request any variation to these T & Cs by writing, however, we may accept or refuse any such requested variation at our sole and absolute discretion, with or without reasons.
- Jurisdiction
- These T & Cs are governed by the laws of New South Wales in Australia (Jurisdiction);
- The parties irrevocably submit to the exclusive jurisdiction of the courts of the Jurisdiction.
- No party may challenge or otherwise dispute the jurisdiction of the courts of the Jurisdiction to hear any matter in relation to these T & Cs.
- This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes, civil matters, claims or relief), shall be governed by and construed in accordance with the laws of New South Wales, Australia