Terms & COndition's

ADVENTURE 365

TERMS & CONDITIONS

The following terms and conditions form part of our agreement with you. You should not proceed with any booking unless you understand and agree with the following terms and conditions. 

1. Definitions

In these Terms & Conditions:

You means the person purchasing the Adventure 365 retreat on these terms and conditions and any person acting on behalf of or with the authority of that person; and

Us or we means Andrew Pap Consulting Pty Ltd trading as Adventure 365 and any of our related bodies corporate within the meaning of section 50 of the Corporations Act 2001 and any successor or assignee.

1. Binding terms and conditions

The only terms which are binding upon us are:

1. those set out in these Terms & Conditions or otherwise agreed to in writing by us; and

1. those, if any, which are imposed by law and which cannot be excluded.

We may sub-contract or license all or any part of its rights and obligations without your consent.

1. Bookings, Prices and Payment:

Our retreats have limited spaces available. All bookings are subject to availability. 

To confirm your place on one of our retreats, you must complete and submit the booking form on our website and pay the deposit of $500 AUD upon booking and then the complete balance within 60 days of the commencement of the retreat.

If you pay by credit card, surcharges will apply. 

Any prices shown on our website are subject to alteration without notice. 

Advertised retreats can be withdrawn or varied by us without notice at any time.

All applicable taxes are subject to change without notice.  There may be mandatory taxes applicable which must be paid prior to travel.  There may also be additional local taxes charged at some retreat locations. It is your responsibility to familiarise yourself with any such additional taxes and to pay such taxes.

The following are included in the retreat price: 

• 7 nights of accommodation at either Tonic Lodge or Panorama View in Queenstown.
• Vehicle transport to and from the Queenstown airport or other agreed town locations and throughout the retreat within the respective schedule.
• All meals within and outside of the accommodation are included within the respective schedule.
• All activities listed on the itinerary including:
  
  • Canyoning 
  • Onsen spa
  • Jet boating
  • Wine tour
  • All mindfulness activities 

Digital content will be made available for all guests. 

The following are excluded in the retreat price: 

• Any flights required to get to Queenstown or other retreat location for the commencement of the retreat and any transportation that’s otherwise required to arrive and depart from the retreat, transport to and from domestic and international airports and added fees due to oversize baggage and/or exceeding your ticket’s weight allowance. We will only assist those to and from Queenstown airport and selected township location with transportation if it fits within the allocated time frame.
• Any costs associated with voluntary personal spending that’s outside of the retreat’s schedule. 

You warrant that you are fit and in good health and have no known health or medical conditions that require you to abstain from the activities planned for the retreat. All known medical conditions must be disclosed to us at the time of booking. 

1. Cancellations:

Our COVID-19 cancellation policy is as follows:

1. If a retreat is cancelled due to a closure of borders or mandatory quarantine requirements due to COVID-19, you will be entitled to a full refund.
2. All payments to us including the deposit will be refunded if any of the following COVID-19 related disruptions are announced prior to the commencement of a retreat and will apply at the time of the retreat:

• domestic and/or international border closures preventing transport to retreat destinations;
• a change in quarantine requirements upon arrival at the retreat location and/or return to your home location.

Other cancellations:

1. If you cancel your booking 60 days or more of the date the retreat is to commence, you will be entitled to a full refund minus your $500 AUD deposit.
2. If you cancel your booking within 60 days of the date the retreat is to commence, you will forfeit your $500 AUD deposit and receive a credit of 50% of the balance of the amount you have paid which you may apply to a future retreat. 
3. If you haven’t paid in full by 60 days of the date the retreat is to commence, you will be contacted by a representative to pay the remaining balance. If you are unreachable, we have the right to relinquish your spot to another guest and you forfeit your $500 AUD deposit. 

Tickets are non-transferrable.

There are no refunds for leaving the retreat once the retreat has commenced. 

We reserve the right to cancel or reschedule any tour due to insufficient bookings, adverse weather conditions, natural disasters, labour shortages, pandemics or other events or circumstances which are outside of our control.  In these circumstances, we will provide a credit which you may apply to a future retreat. Please ensure we are kept advised of your contact details so we can contact with you regarding any necessary cancellations as soon as possible. 

1. Travel Insurance:

You must obtain travel insurance prior to travel and provide us with copies of your travel insurance documents within 14 days of the date the retreat is to commence.  We can provide details of travel insurance providers if required however please note that we have no affiliations or relationships with any insurers and are not in any way liable for the products and services provided by any insurer or broker. 

1. Passports and Visas:

It is your responsibility to ensure that, prior to travel, you have all necessary and valid passports, visas, photo ID, re-entry permits and any other required documents which meet all immigration and all government authority requirements. Passports are required for all overseas travellers.  You are responsible for any expenses, penalties or fines incurred by you as a result of not having valid passports, visas, photo ID, re-entry permits, or other documents or as a result of such documents not meeting immigration or government authority requirements. Please note that many countries require at least six months validity on passports from the date of entry into the country.  It is your responsibility to ascertain whether your passport is valid for international travel prior to travel. 

1. Vaccinations:

It is your responsibility to familiarise yourself with any health requirements applicable in relation to your trip and to ensure that you obtain all necessary vaccinations prior to travel and carry all necessary vaccination documents during your trip. Vaccinations are not mandatory for our retreats however we are obliged to adhere to the laws of the countries in which we operate which may include laws relating to vaccinations. Please note that if you are not vaccinated for COVID-19, you may not be permitted to travel by air and/or across state and country borders. 

1. Travel Advice:

It is your responsibility to ensure that you are aware of any important current travel advice issued by the Australian government.  Such travel advice can be found at www.smarttraveller.gov.au.

1. Changes in Itinerary:

It is possible that we may need to make changes to the retreat itinerary due to arrangements with service providers, the safety of retreat participants or for any other reason.  Such changes are beyond our control and do not entitle you to cancel your retreat booking or to any compensation. 

1. Exclusion of Liability and Indemnity:

We accept no liability in contract, tort or otherwise for any injury, damage, loss (including economic and consequential loss), delay, inconvenience or other expense caused directly or indirectly, by force majeure or otherwise or by reason of any other event which is beyond our control and which is not reasonably preventable by us. 

The only conditions and warranties which are binding on us are those imposed and required to be binding by statute. All conditions and warranties implied by law which may apart from this clause be binding on us are excluded.

Except to the extent provided in this clause, we have no liability (including liability in negligence) to any person for:

1. any loss or damage consequential or otherwise suffered or incurred by that person in relation to the goods or advice, recommendations, information or services; and
2. any loss or damage consequential or otherwise suffered or incurred by that person caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the services or advice, recommendations or information.

We do not accept any liability whatsoever, whether in contract, tort or otherwise, for any acts or omissions, whether negligent or otherwise, of any third party providers over which we have no direct or indirect control.  Where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements.  

You indemnify us, regardless of any negligence on our part, against all losses and liabilities incurred by us and all costs payable by us and other expenses incurred by us in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal) arising directly or indirectly as a result of or in connection with the supply of goods and/or services by us to you unless caused by wilful misconduct on our part or any of our employees or agents acting within the scope of their employment. You must pay us all liabilities, costs and other expenses referred to in this clause, whether or not we have paid or satisfied them.

1. Agency:

Please note that as part of our retreats, we may sell tickets for activities, accommodation, transport and other services on behalf of third party service providers.  We may receive  commissions for selling such services.  Our obligation to you is to make bookings on your behalf and to arrange relevant contracts between you and such third party service providers. You acknowledge and agree that we have no responsibility for these services and that we make no warranties or representations regarding such services.  All bookings made by us on your behalf are made subject to the terms and conditions and limitations of liability imposed by the service providers.  As such, you must ensure that you accept the terms and conditions and liabilities and limitations of liability imposed by such providers.  If you are not satisfied with the services provided by any such third party service provider, your remedy is against that provider and not against us.

1. Privacy:

You acknowledge and agree that we may collect information about you (including health information where necessary) to provide products and services to you, process your travel arrangements, process your participation in activities with other organisations, conduct marketing activities and conduct market research.

If the information is not provided, we may not be able to provide the services requested.  You acknowledge and agree that we may disclose your personal information to third party service providers for these purposes. 

You may request access to the information we hold about you by contacting us at [email protected].  

You agree that any photographs and video footage taken by us during a retreat may be used by us for promotional purposes and grant us an irrevocable, royalty free and non-terminable right and unrestricted permission to use any photographs and video footage in which I feature that are taken during the course of the retreat for commercial use in association with Adventure 365’s business. You release and discharge Adventure 365 from any and all claims and demands arising out of or in connection with the use of any photographs and video footage.

1. Force majeure:

If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.

1. Entire understanding:

These terms and conditions:

1. are the entire agreement and understanding between you and us on everything connected with the subject matter of these Terms & Conditions; and
2. supersede any prior agreement or understanding on anything connected with that subject matter.

You have agreed to these Terms & Conditions without relying on any representation by the us or any person purporting to represent us.

1. Applicable Law:

These terms and conditions are governed by the laws of Western Australia.  These terms and conditions are governed by, and are to be construed in accordance with, the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Western Australia and any Court hearing appeals from those Courts.