Terms and Conditions (Services)
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
In this document the following words shall have the following meanings:
1.1 “Customer” means any person who purchases Services from the Supplier;
1.2 “Supplier” means ‘Emma Walton Guiding’ of the Southern Downs and Granite Belt;
1.3 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 PRICE AND PAYMENT
3.1 Payment of the price shall usually be paid at time of booking. Alternatively, payment can be made prior to commencement of tour. Payment can be made by credit/debit card on-line or over the phone, cash, EFT or by cheque. Payment in arrears will be by prior agreement only.
3.2 There will be additional charges in the case of agreed upon additional services.
3.3 The customer acknowledges that other customers may attend the same booking. This is with exception of ‘private tours’ that require the customer to pay a higher rate to ensure an exclusive service. Under no other circumstances will a Service be guaranteed to be private.
3.4 The Supplier will send an electronic report or handover a hardcopy receipt to the customer.
3.5 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.
4 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier;
4.2 All participants are to sign the activity waiver and release prior to participation.
4.3 Provide the Supplier with any information reasonably required by the Supplier;
4.4 Notified the supplier of their correct name, postal address and any phone, fax or e-mail information.
4.5 Comply with such other requirements as agreed between the parties.
4.6 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.
4.7 Emma Walton Guiding reserves the right to request clients that exhibit inappropriate behaviour such as sexual, verbal or physical harrassment leave immediately with no refund.
5 SUPPLIER’S OBLIGATIONS
5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services
5.3 Delivery of survey material will be within 15 working days of receipt of the application and payment unless otherwise agreed by contract/Service
5.4 Data protection: All paper copies of the questionnaire will be destroyed after processing and not returned to the customer. This is in accordance with supplier’s confidentiality policy.
6 LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7.1 Returns/refunds policy: Where a Customer cancels their purchase within 24hours of the appointment, a 50% fee will be charged.
7.2 Where a Customer fails to attend the appointment for reasons unrelated to the Supplier; there is no refund. A full refund or ‘credit’ will be granted if conditions are deemed unsafe by ‘Emma Walton Guiding’. e.g. severe storm warning, bush fire, etc. The relationship of ‘Emma Walton Guiding’ with clients is important. However, if ‘Emma Walton Guiding’ deems that the client/s or guide/s is/are, during the course of the tour, being endangered either physically, mentally or emotionally, they reserve the right to cancel the experience with no refund.
8 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforcable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforcable provision eliminated.
10 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
‘Emma Walton Guiding’ operates on the premises of 3rd parties that are not owned or controlled by ‘Emma Walton Guiding’. ‘Emma Walton Guiding’ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services or facilities. You further acknowledge and agree that ‘Emma Walton Guiding’ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such services.