TERMS AND CONDITIONS

360° Sports Events Pty Ltd (ABN 15 150 185 167)

 

Please read these Terms and Conditions carefully as they incorporate the basis upon which 360° Sports Events Pty Ltd (Company) agrees to accept Reservations and provide Services to the Clients and the basis upon which Clients agree to purchase the Services.

 

DEFINITIONS:

Client(s) means any person to which a Reservation is made to participate in Tour(s) offered and operated by the Company.

Event Tickets means any tickets to activities or events that are specified by the Company as being included in the Tour Price and form part of a Tour.

Reservation means a booking made by or on behalf of a Client for the purposes of purchasing of the Services of the Company.

Services means the Company’s services of providing premium sporting tours to major domestic and international sporting events.

Tours(s) means the organised tours provided as Services by the Company to Clients and includes the Company’s service of organising the purchase of Event Tickets, accommodation and other activities specified by the Company to be included in the tours.

Tour Price means the total Tour price specified by the Company to be paid by a Client for a position on a Tour.

Third Party Providers means any third party provider of services that form part of the Tour and may include, as specified by the Company, suppliers of Event Tickets, accommodation, meals and land transport.

 

RESERVATIONS AND PAYMENT:

Reservations are subject to availability. Payment of a non-refundable deposit of 50% of the Tour Price (Deposit) or payment of the total Tour/Event Price is required in order to make a Reservation. Payment of the Deposit and/or the Tour/Event Price may be made by the Client to the Company via Visa and or MasterCard or by direct debit via PayPal. Payment of the Deposit or payment of the total Tour/Event Price will constitute the Client’s acceptance of these Terms and Conditions. By making a Reservation, the Client warrants that he or she has the authority from all persons to which he or she is purchasing the Tour/Event on behalf. Reservations will only be confirmed by the Company upon receipt of the completed booking form, together with the Deposit or full payment of the Tour/Event Price for each person to which a Reservation is made. Full payment of the Tour/Event Price must be received by the Company no later than 90 days from the date that the Tour/Event is scheduled to commence (Final Payment Date). Failure by the Client to pay the total Tour/Event Price to the Company by the Final Payment Date may result in the Company cancelling the Client’s Tour/Event Reservation. The Company reserves the right to accept Tour/Event Reservations after the Final Payment Date subject to Tour/Event availability. In the event that a Client pays a Deposit to the Company in order to make a Reservation and that Reservation is declined, the Company will notify the Client that the Reservation was declined and will refund the Deposit to the Client.

 

TOUR/EVENT PRICE:

The Tour/Event Price is provided as a guide only and is subject to adjustment for any variation that may impact the price due to changes in any taxes payable, charges by Third Party Providers or costs incurred as a result of fluctuations in foreign exchange rates (Price Variations). The Company reserves the right to adjust the Tour/Event Price at any time in accordance with any Price Variations. Tour/Events Reservations are not exchangeable, transferrable and or redeemable for cash however the Company may assess such requests by Clients at their discretion and on a case by case basis.

 

EVENT TICKETS:

The specified value of Event Tickets are not necessarily the actual price paid by the Company for the Event Tickets. Event Ticket terms and conditions apply and may be subject to change. The terms and conditions which apply to use of Event Tickets at the time they are issued to the Clients [will prevail over these Terms and Conditions, to the extent of any inconsistency.] Where Event Tickets are supplied to the Client, the Company bears no responsibility for the location of any allocated seating for the tickets within the relevant match or event venues. Event Tickets may not be sold, transferred, exchanged or otherwise commercially dealt with by the Client without the Company’s express consent in writing. If an Event Ticket has been dealt with by the Client in contravention of these Terms and Conditions, the Company may cancel the Clients access to that event or activity. All Tours & Events provided by the Company and any Event Tickets supplied therein shall not be used in any way by the Client as competition prizes or trade incentives, nor may they be used in raffles, lotteries or draws whether for commercial or charitable purposes without the prior written consent of the Company, consent which may be withheld by the Company in its absolute discretion.

 

CLIENT CANCELLATION OF RESERVATIONS:

All Reservation payments (Deposit and/or total Tour/Event Price payments) made by the Client to the Company are non-refundable after the date that is 4 weeks prior to the date the Tour/Event is scheduled to commence has passed (Final Refund Date) …

Reasonable notice of any Client cancellation of a Reservation must be given to the Company in writing. If written notice of any Client cancellation of a Reservation is given to the Company prior to the Final Refund Date, the Company will retain 10% of the total Tour/Event Price and refund all other monies provided by the Client to the Company as payment for the Deposit and/or the Tour/Event Price.

 

TOUR/EVENT CANCELLATION BY THE COMPANY:

To the extent permitted by law and in particular the Australian Consumer Law, the Company reserves the right to cancel any Tour/Event at any time prior to the scheduled Tour/Event commencement date and in which case any Deposit or other payments made by the Client on account of the Tour/Event shall be refunded to the Client subject to the Company receiving refunds from Third Party Providers. Where a Tour/Event has been cancelled by the Company, the Company reserves the right, in its absolute discretion, to conduct the Tour/Event during an alternative period.

The Company and/or a Third Party Provider may, either before or during a Tour/Event, refuse to carry or accommodate any Client which it reasonably considers, in the light of the best interests of all participants in the Tour/Event, to be unsuitable to participate in the Tour/Event by reason of physical or mental condition or unruly behaviour.

NOT INCLUDED IN TOUR PRICE:

The costs of obtaining appropriate passports, visas, travel insurance, excess baggage, vaccinations and all other costs of a personal nature such as, without limitation, telephone and communication costs, gratuities, meals and beverages and laundry are not included in the Tour Price unless otherwise specified by the Company.

ACCURACY OF INFORMATION:

The Company has made every reasonable effort to ensure that information provided to the Client regarding a Tour/Event is accurate at the time of publication. Descriptions of events, activities and accommodation are based on information provided by Third Party Suppliers and current domestic and international travel guides. Any facilities or talent represented as being included in the Tour/Event are subject to change by the Company at any time without notice.

TRAVEL INSURANCE:

The Company highly recommends the Client to take out comprehensive travel insurance (including full medical coverage) for the duration of the Tour. Purchase and acceptance of travel insurance cover for a Tour is the sole responsibility of the Client.

 

AIRFARES:

It is the sole responsibility of the Client to organise and pay for their own airfares and/or travel arrangements to the nominated city where the Tour will commence. Cancellation of airfares and travel arrangements booked and paid for by the Client are subject to the terms and conditions applicable to that supplier.


ITINERARIES AND SCHEDULES:

The Company and/or any Third Party Supplier reserves the right to alter any part of the Tour/Event itinerary suggested by the Company. Notice of any changes to the Tour/Event itinerary will be given to the Client prior to the Tour/Event commencement date.


PASSPORTS & VISAS:

The Client must ensure that he or she has an Australian passport that is valid for a period of six months after their return date to Australia. The Client must advise the Company if they have been arrested or convicted in respect of any offence or breach of law that will limit or prohibit their entry into the country or countries to which the Tour is to take place. The Company will take no responsibility whatsoever for the Client being refused entry into any country relevant to the Tour. If the Client does not wish to disclose such information to the Company, then the Client must contact the embassy of each country in which the Tour is to take place in order to make their own arrangements in regards to entry to those countries. It is the responsibility of the Client to ensure that he or she is in possession of visas and/or necessary travel documents in order to participate in the Tour and that they are in compliance with all relevant governmental and transportation regulations.

UNUSED TOUR SERVICES:

Unused vouchers for Services that are provided as part of a Tour/Event are non refundable and non transferable.

EXTERNAL IMPACTS ON TOURS, EVENTS, ACTIVITIES AND EVENTS:

To the extent permitted by law, Event Tickets provided to Clients as part of a Tour/Event cannot be exchanged or refunded separately. This includes, but is not limited to, circumstances where any particular person, group or personality expected by the Client to appear during the Tour/Event fails to appear or where any adverse weather conditions or any circumstances beyond the reasonable control of the Company impact upon Tour/Event activities and events. The Company is not obliged to replace any Event Ticket due to loss or theft. However, the Company may, in its absolute discretion, replace an Event Ticket that has been lost or stolen in return for a replacement fee specified by the Company to be paid by the Client.

 

FORCE MAJEURE

In the event of war, terrorism, state of emergency or disaster (including natural disaster) or any other circumstance beyond the reasonable control of the Company, subject to any written directions from a regulatory authority made under applicable legislation, the Company, in its discretion, reserves the right to either provide an alternative Tour/Event of the same or greater value and/or specification as the original Tour/Event purchased by the Client or to cancel, terminate, modify or suspend the Tour/Event.

DESTINATION INFORMATION:

The Company makes no representations as to the safety, travel conditions, or any other issues that may exist at any destination where a Tour/Event is to take place. International travel advice can be obtained from various sources including local government, local Consular offices and the Australian Department of Foreign Affairs and Trade (www.smarttraveller.gov.au).

CLIENTS WITH DISABILITY:

It is the responsibility of Clients with a disability or requiring assistance to notify the Company at the time of making a Reservation in order for the Company to arrange the appropriate assistance for the Client for the Tour/Event.

LIABILITY:

To the extent permitted by law, and in particular, the Australian Consumer Law, the Company, its employees and/or agents shall not be liable for any claim of damages made by the Client in connection with the Services. In the event that the Client makes a claim for damages against the Company, the Company’s liability is limited to the cost of the Tour/Event Price or the re-supply of the Services.

 

INDEMNITY:

The Client indemnifies the Company from every liability, loss damage, cost and/or expense directly or indirectly incurred or suffered by the Company in connection with the Tour/Event that has been caused or contributed to by the Client its agents and/or employees.

 

GOVERNING LAW:

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria in the Commonwealth of Australia.

 

SEVERABILITY:

Any provision of these Terms and Conditions which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these Terms and Conditions enforceable, unless this would materially change the intended effect of the Terms and Conditions.