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Below are the Terms and Conditions for use of this website and to the Wallabies Travel’s packages. Please ensure you read the relevant T&Cs that relate to the package you are about to purchase as there are variations relating to deposits, payments and cancellations.
Quick links:
British & Irish Lions 2025 - Travel booking terms and conditions
Wallabies Travel website general terms and conditions
Championship Series 2024 – Wallabies Travel booking terms and conditions
Please read the following Terms and Conditions carefully before purchasing a Wallabies Travel Package. By placing a booking with Wallabies Travel, you agree to be bound by each of the provisions of these Terms and Conditions (the "Terms and Conditions").
References to "Wallabies Travel", "us", "we", and "our" are to Sports Travel and Hospitality Australia Pty Ltd ABN 11 638 319 543 (trading as Wallabies Travel), and references to "you" are to you as the customer that purchases (or otherwise obtains or uses) a Wallabies Travel Package.
KEY PAYMENT TERMS
Your deposit of 40% is payable at the time of booking and is non-refundable except in the case of cancellation pursuant to clauses 2.5, 8.3 or 19.3.
NOTE: In the event that you cancel your booking, the cancellation fees in clause 5.2 will apply.
Further payment will depend on the package you have purchased, please refer to the specific event Terms and Conditions.
Definitions
In these Terms, the words and expressions set out below shall, unless the context otherwise requires, have the following meanings set out in Appendix 1 of these Terms and Conditions:
1. Booking Conditions
1.1 Age: You must be at least 18 years old to purchase a Wallabies Travel Package.
1.2 Lead booker: If you are making a booking for more than one person, the person submitting the online booking and/or who signs the booking form is the "lead booker". The lead booker is responsible for:
(a) Making full payment on the price of the Package(s) purchased, including any insurance premiums and cancellation or amendment charges;
(b) Keeping all other people for whom the booking is made fully informed, as all documents and information regarding the Package will be sent to the lead booker; and
(c) Procuring that all other people for whom the booking is made understand, agree to and comply with the provisions of these Terms and Conditions. For the avoidance of doubt, the lead booker shall be responsible for any breach of these Terms and Conditions by any other person for whom the booking is made or to whom the lead booker makes a Package available.
1.5 Insurance: You must purchase adequate travel insurance for you and all other members of your party at or around the time of purchasing your Wallabies Travel Package and in any case prior to departure on your travel date. Subject to clause 5, Wallabies Travel will not be liable to provide a refund or cancel your booking if for any reason you are unable to utilise the Wallabies Travel Package other than for a reason attributable to Wallabies Travel.
1.6 Consent to photos: Photographers and film makers may be in attendance on tour and may capture your image. It is a condition of purchase of a tour Package that you consent to being photographed, filmed, identified and/or otherwise recorded by Wallabies Travel and/or Rugby Australia. Such persons, without payment, shall have the right to use any such photographs, film or recordings both during and after the relevant tour, for the maximum duration permitted under the applicable laws and, when applicable, at least until they are in the public domain, in any content format and through any media or technology whether now existing or created in the future and whether such use is commercial or non-commercial, including without limiting the foregoing, for the purposes of marketing our services in brochures and/or on any website.
1.7 Event organiser Terms and Conditions: you must comply at all times with the relevant Terms and Conditions of the organiser of the Event or the operator of the venue where the Event is taking place.
2. Prices
2.1 All prices are stated in Australian Dollars per person (accommodation is on a "twin-share" basis) and include any applicable GST.
2.2 Prices are based on payment by internet banking electronic funds transfer, credit / debit card, or cheque.
2.3 Please note that for contractual reasons, the Package price cannot be itemized. The Package price only includes the services specified in your itinerary. Any personal incidental costs incurred during travel are excluded.
2.4 Each amendment made to the booking within 100 days of the travel date will incur an amendment fee.
2.5 Prices are based on supplier costs, exchange rates, taxes, levies, and surcharges at the time of publication. Prices are subject to change due to currency fluctuations, inflation and/or increase in supplier costs and regulatory charges at any time until full payment is received. If we advise you that the price of the Package(s) has changed substantially pursuant to this clause 2.5, you have the right to cancel your booking in accordance with clause 5.4 and we will refund your deposit to you.
3. Payment
3.1 Pursuant to these Terms, you can place orders for the purchase of package(s) from us, and we will provide the number and type of package(s) ordered by you and accepted by us.
3.2 Numbers available for purchase for each type of package are limited. The number of packages per Games Event that you may purchase will be determined by us in our sole discretion.
3.3 Upon the dispatch of a Confirmation by us to you and receipt of the deposit and/or full payment in accordance with clause 3.5, a sale-and-purchase agreement for the type and number of package(s) as explicitly stated in the confirmation email shall be deemed concluded between us and you. We shall be under no binding commitment to provide any package in relation to an order for purchase, unless and until we dispatch a confirmation email to you, and we have receipt of the applicable deposit and/or full payment by you in accordance with clauses 3.3 and 3.4.
3.4 If you make a booking more than three months before the travel date:
3.5 100% payment is due at the time of booking (along with confirmation of travel insurance purchased) if you place your booking within 100 days of the travel date for all packages.
3.6 Payments can be made by internet banking electronic funds transfer, Visa, Mastercard, or American Express. Please note that a credit card service charge of:
3.7 If you pay by internet banking, please quote your booking reference and surname or invoice number to enable us to allocate your payment correctly.
3.8 If we have not received payments within the timeframes outlined above, we reserve the right to cancel your booking as outlined in the clause 5 section below.
4. Play Advantage deposit
4.1 By playing advantage and paying a $200 deposit toward a particular fixture, you are guaranteed access to an exclusive pre-sale window and may redeem your $200 deposit against any Package offered for that fixture or tour, subject to availability.
4.2 To redeem your Play Advantage deposit, you must enter your Play Advantage reference number on the website where required or quote it on the manual booking form. $200 will be deducted from the final balance payment for your booking.
4.3 If you attempt to redeem your Play Advantage deposit for a Package that is no longer available, or you no longer wish to purchase a Package from us, you are entitled to a refund of $200 provided that you contact us to request the refund within 12 months from the date you paid the Play Advantage deposit. If you do not contact us within 12 months from the date you paid the Play Advantage deposit, the Play Advantage deposit is automatically deemed forfeited and we will have no obligation to refund to you the Play Advantage deposit.
4.4 Please note that your Play Advantage deposit cannot be redeemed within 14 days of the travel date.
5. Cancellation
5.1 All cancellations must be requested in writing to [email protected] from the lead booker, and are only effective from the date they are received by our office. 5.2 The following scale of cancellation fees will apply from the date the request to cancel is received in accordance with clause 5.1:
|
Time before departure |
Cancellation fee as a % of the total travel Package price retained |
|
More than 100 days |
50% |
|
100 days or less |
100% |
5.3 Most of our arrangements with suppliers are non-refundable and we are under no obligation to pursue any of our suppliers for refunds.
5.4 Except as provided under clause 8.3, if you cancel your booking for any reason the applicable cancellation fee, as outlined in clause 5.2, will be retained by Wallabies Travel and is non-refundable.
5.5 Should you decide to cancel under clause 8.3, you must exercise your right to do so within 14 days of the issue date printed on your revised invoice. On receipt of your notification that you wish to cancel you will be entitled to a full refund of the monies paid by you to us and we will have no further liability to you.
6. Unused services
6.1 Without limiting any other provision of the Terms and Conditions relating to refunds or cancellation, refunds will not be provided where for any reason, including without limitation due to illness or personal choice, you do not utilise part of or all of the Package inclusions. Refunds may be given on a case-by-case basis on compassionate grounds at Wallabies Travel’s discretion.
7. Changes by us
7.1 Because Packages are planned several months in advance, we may occasionally need to make changes to Package inclusions. We reserve the right to make changes to your itinerary at any time.
7.2 We will advise you of changes at the earliest possible date.
7.3 Some suppliers of the services included in your Package reserve the right to cancel or amend the services they provide. As such, Wallabies Travel will use reasonable endeavours to provide alternative services, however we cannot be held responsible for any such changes imposed by the supplier.
8. Tour group sizes
8.1 Prices and arrangements have been made based on minimum group sizes. Completion of the booking and payment process for the tour Package is not confirmation that the tour will proceed.
8.2 In the event that minimum tour numbers are not met, we reserve the right to impose a surcharge, amend itinerary events so that the tour may proceed, and/or cancel the tour.
8.3 Should we choose to impose a surcharge, you will have the right to cancel in accordance with the provisions of clause 5.5.
8.4 Should we choose to cancel the tour, you will be entitled to a full refund of the monies paid by you to us and we shall have no further liability to you.
9. Flights
9.1 Flights are not included as part of your package and are a separate product booked on your behalf with the relevant airline and are not provided by Wallabies Travel under these Terms.
9.2 As airlines reserve the right to alter schedules, Wallabies Travel cannot be held responsible when confirmed flights are subsequently changed or cancelled. Once issued, airline tickets are non-refundable and non- transferable. Please refer to the airline fare rules and conditions of carriage.
9.3 In the event that flights are cancelled or postponed or you cannot fly for any reason, including due to Government imposed Covid-19 travel restrictions, all refunds will be in accordance with the relevant airline’s terms and conditions. Wallabies Travel cannot be held responsible for your inability to travel. If you cannot travel for any reason outside of our control, you will not be entitled a package refund provided Wallabies Travel can fulfil the package.
9.4 All taxes and fees associated with the airfare (including fuel surcharges, departure taxes and government levies) are included in the package price but are subject to change without notice.
9.5 Subject to availability and payment of the additional costs, you may upgrade your flights. If flight upgrade payments are non-refundable we will notify you of this beforehand and as such if you cancel a package that includes an upgraded flight you will not be reimbursed for these payments.
9.6 All travel booked as part of a package will be subject to the relevant travel provider’s conditions of carriage in force from time to time. We shall not be liable for any breaches by you of the conditions of carriage and any subsequent refusal of the airline to allow you to travel.
9.7 You must arrive prior to the check in, and boarding times specified by the relevant airline or other travel service providers. We are unable to delay departure times and therefore will not be liable should you miss a departure time. We shall not be required to hold up a flight (or other travel service) to wait for you or to provide a seat on any other flight (or other travel service) if you do not arrive on time and miss the departure.
9.8 All journey times are approximate. We shall not be responsible for delays or cancellation caused by reasons outside of our direct control.
10. Accommodation
10.1 While we will endeavour to secure your preferred room request with the hotel, we are unable to guarantee these requests due to limitations on the number and types of rooms available.
10.2 Hotel and facility descriptions on the Wallabies Travel website and other publications are based on current hotel guides and information provided by suppliers and may change at any time. Pictures may not show the particular room, décor, view, or other specifications included in your booking.
10.3 Bonds or credit card imprints may be required by hotels. These are usually requested by the hotel at the time of check-in.
10.4 Wallabies Travel will not be responsible for any charges for additional hotel services used by you or any costs charged by hotels due to damage caused by you, or for the return of any part of a bond payment.
11. Tour merchandise
11.1 Where applicable, please choose tour merchandise sizes carefully as it will not be possible to exchange these items at a later date.
11.2 While every effort will be made to ensure all tour merchandise is correct, we cannot accept responsibility if the merchandise does not meet your personal expectations due to the limitations of the sizes, merchandise, or styles available.
12. Match tickets
12.1 All tickets included in your Package are supplied in accordance with the Ticket Terms and Conditions of the entity hosting the game, for which an administration fee is paid. This is included in the price of your Package. You agree to comply with the relevant Ticket Terms and Conditions.
12.2 The tickets that form part of your Package may not be resold or transferred without our prior written consent, and you cannot advertise or offer a ticket for transfer or resale on the internet or through any other medium. Tickets also cannot be used for advertising, promotion or other commercial purposes (including prizes, competitions or trade promotions) or to enhance the demand for other goods or services without the prior written permission of the host union.
12.3 If we are made aware of any prohibited use of your Match tickets, we reserve the right to cancel your tickets with no liability to you and we may refuse to transfer your booking.
12.4 If a Match you are scheduled to attend is cancelled, we will refund you the face value of your ticket if we are able to obtain a refund from the ticket issuer. If your package has already commenced prior to the Match being cancelled, the rest of the package will be unaffected by the Match cancellation and we will continue to provide you with the agreed services. We recommend you check your travel insurance to make sure that you are covered in the event that a Match you are due to attend is cancelled or postponed.
12.5 We will distribute your tickets to you in a manner that we deem most appropriate. We will let you know which method of distribution we intend to use prior to departure but reserve the right to amend this at any time. Once distributed tickets are your responsibility and cannot be replaced.
12.6 Please note that Wallabies Travel cannot be held responsible where the position or perceived quality of your seat at the Match does not meet your personal expectations.
12.7 If you would like your ticket seating allocation to be "linked" to other customers, please speak to one of our consultants. While every effort will be made to allocate Match seats for linked bookings together, this will be dependent on the ticket allocations we receive and cannot be guaranteed.
13. Wallabies Itineraries
13.1 The Wallabies fixtures and itineraries shown on the website and any Wallabies Travel published materials are correct at the time of publication but are subject to change without notice. Without limiting the foregoing, if the Match schedules are changed due to circumstances beyond the control of Wallabies Travel, the supporter Package inclusions and pricing may have to be altered.
14. Special events and promotions
14.1 The celebrities or players in attendance at an Event are at the complete discretion of Wallabies Travel and/or Rugby Australia, and you acknowledge that the people advertised as being in attendance at an Event may change at short notice.
14.2 The date, time and venue of an Event may change due to reasons outside our control. We are not responsible for any additional costs if such changes do not fit in with your travel and accommodation plans.
15. Our responsibilities
15.1 The services that we supply consist solely of:
15.2 We undertake to perform these services in accordance with the relevant laws, with reasonable care and skill. However, we will not be held liable for any loss, damage, or claim arising from acts or defaults outside the control of Wallabies Travel and its employees - including (but not limited to) suppliers of travel, accommodation, and Match tickets in connection with your Package.
15.3 To the extent permitted by law, our liability to you and your party will be limited to the value of the total cost of your Package.
16. Documentation
16.1 Please check all of the confirmation letters and documentation distributed to you in relation to your travel and accommodation to ensure it fully meets your requirements. You must bring any errors to our attention at least 14 days before your travel date or we cannot guarantee the errors will be corrected to your satisfaction. Wallabies Travel will not accept responsibility for any documents subsequently altered without our consent.
17. Passport and visa requirements
17.1 If your Package includes services fulfilled outside Australia, you will need a current passport that must be valid for at least six (6) months after your return to Australia.
17.2 You must check passport, visa, immigration, health, and customs regulations and requirements well in advance. It is your responsibility to ensure you have the correct documentation to allow your entry overseas and/or return to Australia.
17.3 Official travel advice issued by the Australia Department of Foreign Affairs and Trade is available by visiting: https://www.smartraveller.gov.au. We recommend that you review and consider this information prior to making your booking and prior to departure.
18. Match Cancellation
18.1 Match Tickets: You will receive a full refund for Match Tickets included in your package if:
18.2 Travel Element: You will receive a full refund for the elements of your Package other than the Match Tickets (i.e. Travel Elements), you will receive a full refund if:
18.3 YOU ACKNOWLEDGE THAT GOVERNMENTS, EITHER AT STATE, FEDERAL OR NATIONAL LEVEL, MAY IMPOSE BORDER RESTRICTIONS AT ANY TIME. IN THE EVENT BORDER RESTRICTIONS ARE IMPOSED BY ANY GOVERNMENT AT A STATE, FEDERAL OR NATIONAL LEVEL, WALLABIES TRAVEL WILL NOT BE LIABLE FOR ANY ADDITIONAL COSTS INCURRED BY YOU AS A RESULT OF THE BORDER RESTRICTIONS, INCLUDING BUT NOT LIMITED TO, THE COST OF QUARANTINE AT A MANAGED ISOLATION FACILITY AND/OR ANY ADDITIONAL ACCOMMODATION, TRAVEL AND INCIDENTAL EXPENSES NOT INCLUDED IN YOUR PACKAGE.
19. Force Majeure
19.1 If we are delayed in or prevented from performing our obligations due to any event or circumstances beyond our reasonable control (including, but not limited to, natural disasters, war or riots, acts of terrorism (including the threat of terrorism), disease, epidemic, pandemic, government policy, host union decision, closed or congested airports, technical problems and including for the avoidance of doubt any rescheduling, relocation or cancellation of any Match or Event as a result of any of the foregoing ,then such delay or non-performance shall not be deemed a breach or entitle a claim for injury, damage, loss, delay, additional expenses or inconvenience.
19.2 Our obligations shall be suspended while such Force Majeure Event continues.
19.3 In the event that that part or whole of the Travel Package cannot be performed due to a Force Majeure Event, or you are prevented from attending an Event due to a Force Majeure Event, we will take all reasonable steps to source refunds from third party suppliers to the maximum extent possible and we will pass on all refunds to you, subject to deductions for reasonable costs and expenses.
18. Accident Compensation
18.1 To the extent permitted by law, Wallabies Travel is not responsible for any personal injury you or any of your party suffer during your travels or arising out of or in connection with use of a Package.
20. Limitation of Liability
20.1 Except as required by law (and to the minimum extent required by law), neither party shall be liable to the other for any indirect or consequential losses, costs or damages that arise out of or that are in connection with any duty or obligation under these Terms and Conditions or any duty or obligation at law.
20.2 Wallabies Travel will not be liable where any failure in the performance of the contract is due to:
(a) you or a member of your party (for example if you break a law in the country visited); or
(b) a third party unconnected with the provision of your Package or arrangements; or
(c) unusual, unavoidable, unforeseeable and extraordinary circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which we or our suppliers, even with all due care, could not foresee or forestall.
20.3 To the extent that we have any liability to you under these Terms and Conditions or at law, that liability shall be capped at the total cost of your Package.
20.4 You will indemnify Wallabies Travel from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by Wallabies Travel as a result of a breach by the you or a member of your party of these Terms and Conditions or in connection with, resulting from, or arising out of any and all acts or omissions of you or a member of your party.
21. Privacy
21.1 Our collection, storage, and use of your personal information is subject to Wallabies Travel's privacy policy which can be found at www.wallabiestravel.com.au, and is also subject to all applicable laws, including the Privacy Act 1988 (Cth).
21.2 You have the right to access your personal information recorded by us and to have it updated and corrected as necessary by contacting one of our travel agents.
22. Australian Consumer Law
22.1 Australian Consumer Law applies to the services we provide and nothing in these Terms and Conditions is intended to contract out of or limit the application of the Australian Consumer Law.
22.2 If you are entering into and agreeing to these Terms and Conditions in the course of trade (as that term is defined under Australian Consumer Law), then we each confirm, acknowledge and agree that the goods and services are supplied to you and acquired by you in trade for a business purpose, and that the statutory guarantees and implied terms, covenants and conditions contained in the Australian Consumer Law are excluded to the fullest extent permitted at law, and do not apply.
23. Frustrated Contracts Act 1978
23.1 The Frustrated Contracts Act 1978 does not apply to these Terms and Conditions. Therefore, neither party may make any claim relying on the Frustrated Contracts Act 1978 in the event that this contract is deemed to be frustrated.
25. Accuracy
25.1 All reasonable care has been taken to ensure the accuracy of information on the website and other published material - however, prices and services offered are subject to change without notice.
26. Governing law
26.1 These Terms and Conditions are governed by the law of Victoria and the courts of Victoria shall have exclusive jurisdiction to settle any dispute which may arise from these Terms and Conditions.
Appendix 1
Acceptance: refers to a confirmation that your order for a Package has been received, which will include details of the Package and payment information.
Booking: refers to the dispatch of Acceptance by us to you and receipt of the deposit and/ or full payment for your Package.
Event: refers to the relevant sports or hospitality Event related to your Package.
Force Majeure Event: refers to any Event or circumstances beyond the reasonable control of a party, including without limitation industrial or civil disputes, war, governmental action, riot, fire, flood, drought, act of God, terrorism (including the threat of terrorism), an outbreak or spread of a virus or disease classified as a pandemic or an epidemic , any legislation, ruling, regulation, decision (including the failure to grant any necessary permissions) of any relevant government, court or Event organiser and including for the avoidance of doubt any rescheduling, relocation or cancellation of the Tickets as a result of any of the foregoing.
Match: refers to the relevant Wallabies rugby Match related to your Package.
Package: refers to products or services marketed, promoted and sold by Wallabies Travel to Customers.
Terms and Conditions: refers to these Terms and Conditions.
Ticket: refers to Tickets for the relevant Event supplied to Wallabies Travel by the Event organiser.
Ticket Terms and Conditions: refers to the Terms and Conditions applicable to each Ticket as specified by the official Ticket supplier.
Rugby World Cup 2023 – Wallabies Travel website general terms and conditions
Please read the following Terms and Conditions carefully before purchasing a Wallabies Travel Package for Rugby World Cup 2023. By placing a Booking for a Package with Wallabies Travel for Rugby World Cup 2023, you agree to be bound by each of the provisions of these Terms and Conditions.
References to “Wallabies Travel”, “us”, “we”, and “our” are to Sports Travel and Hospitality Australia Pty Limited (trading as Wallabies Travel), and references to “you” are to you as the customer that purchases (or otherwise obtains) a Package from Wallabies Travel.
1. Definitions
In these Terms, the words and expressions set out below shall, unless the context otherwise requires, have the following meanings set out in the Appendix to these Terms and Conditions:
2. Booking Conditions
2.1 You must at least 18 years old to purchase a Wallabies Travel Package.
2.2 Lead booker: If you are making a Booking for more than one person, the person submitting the online Booking or who signs the Booking form is the “Lead Booker”. The Lead Booker is responsible for:
2.2.1 Making full payment to us for the price of the Package(s) purchased, including any insurance premiums and cancellation or amendment charges; and
2.2.2 Keeping all other people for whom the Booking is made fully informed, as all documents and information regarding the Package will be sent to the Lead Booker.
2.3 Insurance: You must purchase adequate travel insurance for you and all other members of your party at the time of purchasing your Package. Refer clause 20 – Insurance.
2.4 Consent to photos: Photographers and film makers may be in attendance on Tour and may capture your image. It is a condition of purchase of a Package that you consent to use of your image and likeness by us for whatever purpose we see fit, including marketing our services in brochures and/or any website. If you do not wish to provide your consent under this clause 2.4, you must advise us prior to the travel date.
2.5 You must not use your Package, or any components included in the Package (including any Ticket) as a prize in a competition, sweepstakes or for any promotional purpose.
3. Prices
3.1 All prices are stated in Australian Dollars per person (accommodation is on a “twin-share” basis) and includes any applicable Taxes.
3.2 Prices are based on payment by internet banking or cheque. Purchases using credit card will incur a credit card service charge (outlined in 3.5 below) which is not included in the Price displayed.
3.3 Please note that for contractual reasons, the Price cannot be itemised. The Package Price only includes the services specified in your Itinerary. Any personal incidental costs incurred during your Tour are excluded shall be payable directly by you.
3.4 Each amendment made to the Booking will incur an amendment fee of $150 per amendment per person, in addition to any fees charged by suppliers. No changes are permitted within 14 days of the relevant travel date.
3.5 Prices are based on supplier costs, exchange rates, Taxes, levies, and surcharges at the time of publication. Prices are subject to change due to currency fluctuations, inflation and/or increase in supplier costs and regulatory charges/Taxes at any time until full payment is received.
3.6 Foreign Currency (FX) – Where exchange rate fluctuations occur or any other increases in the price of services provided which are beyond the control of Wallabies Travel, then Wallabies Travel reserves the right to adjust Package Prices accordingly, up to and including the day of departure of your itinerary, even though the balance of payment may have been made. Acceptance of this arrangement is a condition of booking.
4. Booking, Deposit and Payment
4.1 Pursuant to these Terms, you can place orders for the purchase of Package(s) from us, and we will provide the number and type of Package(s) ordered by you and accepted by us.
4.2 Numbers available for purchase for each type of Package are limited. The number of Packages that you may purchase will be determined by us in our sole discretion.
4.3 Upon the dispatch of a Confirmation by us to you and receipt of the deposit and/or full payment in accordance with clause 3.5, a sale-and-purchase agreement for the type and number of Package(s) as explicitly stated in the Confirmation shall be deemed concluded between us and you. We shall be under no binding commitment to provide any Package in relation to an order for purchase, unless and until we dispatch a Confirmation to you, and we have receipt of the applicable deposit and/or full payment by you in accordance with clause 4.5. For the avoidance of doubt, we shall refund to you any monies paid to us for the Package order to which a Confirmation email has not been dispatched by us.
4.4 The Confirmation will be sent by email and will include:
4.4.1 A booking confirmation which details the inclusions of the Package(s) purchased; and
4.4.2 The applicable invoice and/or receipt.
These should be checked carefully, and if any details are incorrect you must inform us within five working days.
4.5 Payment terms for Packages are on a staged payment basis as follows:
Booking on or before September 30, 2021: - 25% due within 7 days of receipt of Confirmation - 25% due by March 1, 2022 - 25% due by October 1, 2022 - 25% due by March 1 2023 (final payment for all services)
Booking on or after October 1, 2021 and on or before February 28, 2022: - 25% due within 7 days of receipt of Confirmation - 25% due by March 1, 2022 - 25% due by October 1, 2022 - 25% due by March 1 2023 (final payment for all services)
Booking on or after March 1, 2022 and on or before September 30, 2022: - 50% due within 7 days of receipt of Confirmation - 25% due by October 1, 2022 - 25% due by March 1 2023 (final payment for all services)
Booking on or after October 1, 2022 and on or before February 28, 2023: - 75% due within 7 days of receipt of Confirmation - 25% due by March 1 2023 (final payment for all services)
Booking on or after March 1, 2023: - 100% due within 7 days of receipt of Confirmation (final payment for all services)
4.6 Full payment for airfares not included in the original Booking are due at the time the airfares are booked.
4.7 Payments can be made by online bank transfer, cheque, Visa, Mastercard, or American Express. Please note that a credit card administration fee incorporating the card provider’s service charge at the time will be incurred for any credit card payments made.
4.8 If you pay by internet banking, please quote your Booking reference and surname or invoice number to enable us to allocate your payment correctly.
4.9 Payment by cheque will be accepted if the cheque is drawn on an Australian bank account.
4.10 If we have not received payments within the timeframes outlined above, we reserve the right to cancel your Booking and levy a cancellation charge as outlined in the Cancellation clause 6.
4.11 Notwithstanding the preceding clauses, in the event that you place an order for the purchases of Package(s) through our website, then you must complete the necessary payment instructions at the time of placing the relevant order. If a Confirmation is not received after placing an order on the website, it is your responsibility to confirm with us whether or not you have successfully purchased the Package(s) ordered.
4.12 If we are unable to supply you with your ordered Package(s) for any reason including an error on the Wallabies Travel website as to the availability of packages, we will inform you of this by email and will cancel your order. If you have already paid for the Package(s), we will refund you the full amount paid and will incur no further liability to you.
5. First Dibs Pass
5.1 If you have purchased a First Dibs Pass by paying a $49 deposit for pools or $99 for the knockout stage toward our Packages, you are guaranteed access to an exclusive pre-sale window and may redeem your deposit against any Package, subject to availability.
5.2 To redeem your First Dibs Pass, you must enter your First Dibs Pass reference number on the website where required, or quote on the manual booking form. $49 will be deducted for pools and $99 will be deducted for the knockout stage from the final balance payment for your Booking.
5.3 If you attempt to redeem your First Dibs Pass deposit for a Package that is no longer available and you do not wish to purchase any other Package, you are entitled to a refund of the First Dibs Pass deposit.
5.4 You have until 1 September 2023 to redeem your First Dibs Pass deposit towards a Package or to request a refund of your First Dibs Pass deposit. If no contact is made with us before 1 September 2023 to redeem your First Dibs Pass deposit or request a refund, no refund will be available.
6. Cancellation
6.1 All cancellations must be advised in writing by post or email to [email protected] from the Lead Booker and are only effective from the date they are received by our office.
6.2 In the event that you cancel all or part of your Booking more than 365 days before departure of your Tour, you will receive a refund for all payments received for the cancelled Package(s). All payments already received for a Package which is cancelled 365 days or less before departure of your Tour are non-refundable.
6.3 Wallabies Travel or its third party reserve the right either before or during the Tour to refuse to carry or accommodate any customers which it reasonably considers, in the light ofthe best interests of all participants in the Tour, to be disruptive to the Tour or the enjoyment, comfort or safety of other customers or our staff (whether because under the influence of alcohol, narcotics or otherwise).
6.4 We may cancel your Booking if you become subject to an Insolvency Event.
7. Unused services
7.1 Refunds will not be provided where due to illness or personal choice you do not utilise part of or all of the Package services.
8. Changes by us
8.1 Because Packages are planned well in advance of the Tournament, we may occasionally need to make changes to the services included in your Package. We reserve the right to make changes to the itinerary of your Package at any time.
8.2 We will advise you of changes at the earliest possible date.
8.3 Some suppliers of the services included in your Package reserve the right to cancel or amend the services they provide. As such, we will use reasonable endeavours to provide alternative services, however we cannot be held responsible for any such changes imposed by the supplier.
9. Tour group sizes
9.1 Prices and arrangements have been made based on minimum group sizes for a Tour.
9.2 In the event that minimum Tour numbers are not met, we reserve the right to impose a surcharge, amend itinerary events so that the Tour may proceed, and/or cancel the Tour (including your Package(s)).
9.3 Should we choose to impose a surcharge; you will have the right to cancel within 7 days of notification without penalty and we will refund all monies paid by you to us for the relevant Package(s). Should we choose to cancel the Tour due to the minimum group sizes not being met, you will be entitled to a full refund of the monies paid by you to us for the relevant cancelled Package(s) and we shall have no further liability to you.
10. Flights and other travel
10.1 All flights are not considered as part of your Package and are considered a separate product booked on your behalf with the relevant airline.
10.2 In the event that flights are cancelled or postponed for you cannot fly for any reason beyond our control, all refunds will be in accordance with the relevant airline’s terms and conditions. Wallabies Travel cannot be held responsible for your inability to travel. If you cannot travel for any reason outside of our control, you will not be entitled a Package refund provided Wallabies Travel can fulfil the Package.
10.3 As airlines reserve the right to alter schedules, Wallabies Travel cannot be held responsible when confirmed flights are subsequently changed or cancelled. Once issued, airline tickets are non-refundable and non- transferable. Please refer to the airline fare rules and conditions of carriage.
10.4 Domestic connections from main centres will be specified if available. Add-on fares from other domestic points within Australia are available at extra cost. Please contact us if you require assistance in this regard.
10.5 All Taxes and fees associated with the airfare (including fuel surcharges, departure taxes and government levies) are included in the Package price but are subject to change without notice.
10.6 Subject to availability and payment of the additional specified price, you may upgrade your flights. If flight upgrade payments are non-refundable we will notify you of this beforehand and as such if you cancel a Package that includes an upgraded flight you will not be reimbursed for these payments.
10.7 All travel booked as part of a Package will be subject to the relevant travel provider’s conditions of carriage in force from time to time. We shall not be liable for any breaches by you of the conditions of carriage and any subsequent refusal of the airline to allow you to travel.
10.8 You must arrive prior to the check in, and boarding times specified by the relevant airline or other travel service providers. We are unable to delay departure times and therefore will not be liable should you miss a departure time. We shall not be required to hold up a flight (or other travel service) to wait for you or to provide a seat on any other flight (or other travel service) if you do not arrive on time and miss the departure.
10.9 All journey times are approximate. We shall not be responsible for delays or cancellation caused by reasons outside of its direct control.
11. Accommodation
11.1 While we will use best endeavours to secure your preferred room configuration and hotel option, we are unable to guarantee these requests due to limitations on the number and types of rooms/hotels available.
11.2 Hotel and facility descriptions on the Wallabies Travel website and other publications are based on current hotel guides and information provided by suppliers and may change at any time. Pictures may not show the particular room, décor, view, or other specifications included in your Booking.
11.3 Bonds or credit card imprints may be required by hotels. These are usually requested by the hotel at the time of check-in.
11.4 Wallabies Travel will not be responsible, and you shall indemnify us for any costs charged by hotels due to damage caused by you, or for the return of any part of a bond payment.
11.5 All accommodation shall be subject to the accommodation provider’s terms of occupancy in force from time to time. We shall not be responsible for any breaches by you of the terms of occupancy and any subsequent refusal of the accommodation provider to accommodate you.
11.6 The accommodation provided as part of our Package does not include any room service, mini bar purchases, internet access, telephone charges, pay-tv services, parking, porterage, food or beverages or any other service charges. You will need to settle your accounts with the relevant accommodation provider for any additional service charges prior upon checking out.
12. Tour merchandise
12.1 Where applicable, please choose Tour merchandise sizes carefully as it will not be possible to exchange these items at a later date.
12.2 While we try to ensure all Tour merchandise is correct, we cannot accept responsibility if the sizing does not meet your personal expectations due to the limitations of the sizes, merchandise, or styles available.
13. Match Tickets – Please also refer to Rugby World Cup 2023 Ticket Terms and Conditions
13.1 All Match Tickets included in your Package are officially supplied by the organisers of Rugby World Cup 2023, for which an administration fee is paid. This is included in the price of the Package(s) you have purchased. You, in purchasing a Package, formally accept and agree to be bound by (and to comply with) the Ticket Terms and Conditions. The Ticket Terms and Conditions are attached to these Terms and Conditions. You are also required to inform any guest on whose behalf you are purchasing a Package of the Ticket Terms and Conditions and that by accepting the Tickets, such guest(s) agrees to be bound by the Ticket Terms and Conditions.
13.2 Any breach of the Ticket Terms and Conditions (including, for the avoidance of doubt, the prohibitions on resale, transfer and commercial use) shall constitute a material breach of the Booking and may result in the cancellation of the relevant Match Tickets. If we are made aware of any prohibited use of your Match Tickets or any other breach of the Ticket Terms and Conditions, we reserve the right to cancel your Tickets, Package and/or Booking.
13.3 If a Ticket is cancelled for any reason that cannot be attributed to you (including but not limited to cancellation or postponement of a Match, no spectators being permitted to attend a Match, or the Match being played with reduced spectator capacity), any refund will be subject to the Ticket Terms and Conditions. We will take reasonable steps to apply for any refund of the relevant Ticket Face Value and pass onto you any such refund after receiving the relevant refund from the Ticket issuer. The remainder of your Package will be unaffected by the cancelled Ticket and we will continue to provide you with the agreed services. We recommend you check your travel insurance to make sure that you are covered in the event that a Ticket is cancelled for any reason.
13.4 Provided the Package price and full amount of the applicable Taxes has been paid in full, we will distribute your Match Tickets to you in a manner that we deem most appropriate. We will let you know which method of distribution we intend to use prior to departure but reserve the right to amend this at any time. Once distributed Match Tickets are your responsibility and cannot be replaced.
13.5 Please note that Wallabies Travel cannot be held responsible where the position or perceived quality of your seat at the Match does not meet your personal expectations.
13.6 If you would like your seating allocation to be “linked” to other customers, please speak to one of our consultants. While we will try to allocate seats for linked Bookings together, this will be dependent on the Ticket allocations we receive and cannot be guaranteed.
14. Itineraries
14.1 The Tournament fixtures and itineraries shown on the website and any Wallabies Travel published materials are correct at the time of publication. If the Tournament schedules are changed due to circumstances beyond the control of Wallabies Travel, the Package inclusions and pricing may have to be altered.
15. Special events and promotions
15.1 The celebrities or players in attendance at an event are at the complete discretion of Wallabies Travel, and you acknowledge that the people advertised as being in attendance at an event may change at short notice.
15.2 The date, time and venue of an event may change due to reasons outside our control. We are not responsible for any additional costs if such changes do not fit in with your travel and accommodation plans.
16. Official Hospitality
16.1 If you purchase, Official Hospitality as part of your Package, you agree to be bound by the relevant terms and conditions applicable to such Official Hospitality Package in addition these Terms and Conditions and the Ticket Terms and Conditions.
17. Our responsibilities
17.1 The services that we supply consist solely of:
17.1.1 Arranging and coordinating travel, accommodation, Tickets and events on your behalf;
17.1.2 Making Bookings and issuing Tickets and vouchers to customers for the provision of services and facilities by suppliers.
17.2 We act as agent only and do not provide any accommodation and travel services which form part of a Package. The agreement for any accommodation or travel services booked as part of your Package is with the relevant service provider and upon the terms and conditions applied by them. To the extent permitted by law, neither Wallabies Travel nor any of its related body corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third-party providers over whom it has no direct control.
17.3 You agree that your sole recourse with respect to services provided by a supplier shall be directly against the supplier concerned.
18. Documentation
18.1 Please check all of the confirmation letters and documentation distributed to you in relation to your travel and accommodation to ensure it fully meets your requirements. You must bring any errors to our attention at least 14 days before your travel date or we cannot guarantee the errors will be corrected to your satisfaction. Wallabies Travel will not accept responsibility for any documents subsequently altered without our consent.
19. Passport and visa requirements
19.1 You will need a current passport that must be valid for at least six months after your return to Australia.
19.2 You must check passport, visa, immigration, health, and customs regulations and requirements well in advance. It is your responsibility to ensure you have the correct documentation to allow your entry overseas and/or return to Australia and will be responsible for all costs related to the same.
19.3 Official travel advice issued by the Australia Department of Foreign Affairs and Trade is available by visiting: https://www.smartraveller.gov.au. We recommend that you review and consider this information prior to making your booking and prior to departure.
20. Insurance
20.1 It is a condition of purchasing a Package that you have adequate travel insurance for you and all other members of your party.
20.2 During the Booking process Wallabies Travel can provide you with details of our recommended insurance provider. Alternatively, you can arrange your own travel insurance cover.
20.3 To the extent permitted by law, Wallabies Travel will not be responsible for any personal injury you suffer during your travels.
21. Force Majeure
21.1 If we are delayed in or prevented from performing our obligations due to a Force Majeure Event, then such delay or non-performance shall not be deemed a breach or entitle a claim for injury, damage, loss, delay, additional expenses, or inconvenience. Further, we shall not be liable for any injury, damage, loss, delay, additional expenses, or inconvenience as a result of any postponement, re-arrangement or cancellation of Rugby World Cup 2023, Matches, Match Tickets or the amendment of Match times and dates or the playing of extra time.
21.2 Our obligations shall be suspended while such Force Majeure Event continues.
21.3 In the event that that part or whole of the Package cannot be performed due to a Force Majeure Event, we will take all reasonable steps to source refunds from third party suppliers to the maximum extent possible subject to deductions for our reasonable costs and expenses.
22. Frustrated Contracts Act 1978:
22.1 The Frustrated Contracts Act 1978 does not apply to these Terms and Conditions. Therefore, neither party may make any claim relying on the Frustrated Contracts Act 1978 in the event that this contract is deemed to be frustrated.
23. Limitation of Liability
23.1 Except as required by law (and to the minimum extent required by law), neither party shall be liable to the other for any indirect or consequential losses, costs or damages that arise out of or that are in connection with any duty or obligation under these Terms and Conditions or any duty or obligation at law.
23.2 To the extent that we have any liability to you under these Terms and Conditions or at law, that liability shall be capped to the amount that you have paid or is payable to us in accordance with these Terms and Conditions.
24. Privacy
24.1 Our collection, storage, and use of your personal information is subject to Wallabies Travel's privacy policy which can be found at www.wallabiestravel.com.au, and is also subject to all applicable laws, including the Privacy Act 1988 (Cth).
24.2 You have the right to access your personal information recorded by us and to have it updated and corrected as necessary by contacting us.
24.3 You agree to Wallabies Travel sharing your name and passport number with the official travel programme operator for RWC2023, Couleur, along with the names and passport numbers of any of your guests who you are purchasing a Package on behalf of.
25. Australian Consumer Law
25.1 Australian Consumer Law applies to the services we provide and nothing in these Terms and Conditions is intended to contract out of or limit the application of the Australian Consumer Law.
25.2 If you are entering into and agreeing to these Terms and Conditions in the course of trade (as that term is defined under Australian Consumer Law), then we each confirm, acknowledge and agree that the goods and services are supplied to you and acquired by you in trade for a business purpose, and that the statutory guarantees and implied terms, covenants and conditions contained in the Australian Consumer Law are excluded to the fullest extent permitted at law, and do not apply.
26. Accuracy
26.1 All reasonable care has been taken to ensure the accuracy of information on the website and other published material - however, prices and services offered are subject to change.
26. Governing law
26.1 These Terms and Conditions are governed by laws of New South Wales, Australia, and the courts of New South Wales shall have exclusive jurisdiction to settle any dispute which may arise from these Terms and Conditions.
Appendix 1
Booking: refers to the dispatch of Confirmation by us to you and receipt of the deposit and/ or full payment for your Package, and a sale and purchase agreement for the type and number of Package(s) as explicitly stated in the Confirmation.
Confirmation: refers to a booking confirmation detailing the inclusions of the package(s) purchased and the applicable invoice and/ or receipt.
Couleur: refers to COULEUR SAS, based in France, retained as a Master Travel Licensee by France 2023 to manage the Official Travel Program. The Master Travel Licensee being the exclusive global rights holder of France 2023’s Official Travel Programme.
Force Majeure Event: refers to any event or circumstances beyond the reasonable control of a party, including without limitation industrial or civil disputes, war, governmental action, riot, fire, flood, drought, act of God, terrorism (including the threat of terrorism), an outbreak or spread of a virus or disease classified as a pandemic or an epidemic , any legislation, ruling, regulation, decision (including the failure to grant any necessary permissions) of any relevant government, court or RWCL, the Host Union or FRANCE 2023, GIE Rugby Hospitalités et Voyagesm, Couleur and including for the avoidance of doubt any rescheduling, relocation or cancellation of any Match of the Tournament as a result of any of the foregoing.
France 2023: refers to both the GIP France 2023 and the GIE Rugby Hospitalités et Voyages when both entities are involved and acting together on the specific clause or schedule mentioned.
GIE Rugby Hospitalités et Voyages: refers to the entity set up and owned by the Host Union (FFR) and the Organising Committee in order to buy out, and therefore fulfil the obligations related to a series of rights including the Travel Programme Rights (and mentioned as “GIE” in the document and the schedules hereafter).
GIP France 2023: refers to the Organising Committee owned by the French government, the Host Union (FFR) and the CNOSF (French Olympic delegation), in charge of organising the Tournament by fulfilling its obligations towards Rugby World Cup Limited (and mentioned as “GIP” in the document and the schedules hereafter).
Host Union: refers to FFR the governing body of rugby union in France hosting the Rugby World Cup France 2023.
Insolvency Event: refers to:
(a) a party becomes insolvent or unable to pay its debts in the ordinary course of its business;
(b) an order is made, or resolution passed or purported to be passed for the liquidation of a party, or a liquidator, a receiver, statutory manager, or similar official, is otherwise appointed to that party;
(c) a party suspends or threatens to suspend payment of its debts;
(d) a party ceases to trade or carry on the whole or a substantial part of its business;
(e) any security is enforced against the whole or a material part of a party’s assets or undertaking; or
(f) any other insolvency event or proceedings analogous to any of the foregoing occurring in relation to a party in any foreign jurisdiction.
Match: refers to any of the 48 rugby matches taking place during the Tournament.
Official Hospitality: refers to any Hospitality package produced and distributed by GIE or any of its sub-licensee. Hospitality package being an indivisible association of a GOLD category seat and a hospitality service (food, beverage, entertainment or any relevant privileged service in the venue or in a marquee or structure next to the venue).
Package: refers to a Match Ticket-inclusive travel packages for Rugby World Cup France 2023, offered for sale by Wallabies Travel.
RWCL: means Rugby World Cup Limited, a wholly-owned subsidiary of World Rugby.
Taxes: refer to all taxes, duties, charges, levies, imposts or withholdings whenever and by whatever authority imposed and whether of Australia, France or elsewhere together with in any such case all interest, fines, penalties, surcharges, costs and charges incidental or relating to the imposing of any of such taxes, duties, charges, levies, imposts or withholdings.
Tour: refers to our group of Customers utilising their Wallabies Travel Packages at the Tournament.
Terms and Conditions: refers to these terms and conditions.
Ticket: refers to match tickets for a Match forming part of the Tournament.
Ticket Terms and Conditions: refers to the terms and conditions applicable to each Ticket as specified by the official ticket supplier of Rugby World Cup France 2023 from time to time.
Tournament: refers to Rugby World Cup France 2023 which is scheduled to be held in France between September 8 and October 28, 2023.
World Rugby: refers to the world governing body for the sport of rugby union.
Rugby World Cup 2023 – Travel booking terms and conditions
Please read the following Terms and Conditions carefully before purchasing a Wallabies Travel package. By placing a booking with Wallabies Travel, you agree to be bound by each of the provisions of these Terms and Conditions (the "Terms and Conditions").
References to "WALLABIES TRAVEL", "us", "we", and "our" are to Sports Travel and Hospitality Australia Pty Ltd ABN 11 638 319 543 (trading as WALLABIES TRAVEL), and references to "you" are to you as the customer that purchases (or otherwise obtains or uses) a WALLABIES TRAVEL Package.
KEY PAYMENT TERMS
Your deposit of 50% is payable at the time of booking and is non-refundable except in the case of cancellation pursuant to clauses 2.5 or 8.3.
NOTE: In the event that you cancel your booking, the cancellation fees in clause 5.2 will apply.
Definitions
In these Terms, the words and expressions set out below shall, unless the context otherwise requires, have the following meanings set out in Appendix 1 of these Terms and Conditions:
1. Booking Conditions
1.1 Age: You must be at least 18 years old to purchase a Wallabies Travel Package.
1.2 Lead booker: If you are making a booking for more than one person, the person submitting the online booking and/or who signs the booking form is the "lead booker". The lead booker is responsible for:
(a) Making full payment on the price of the package(s) purchased, including any insurance premiums and cancellation or amendment charges;
(b) Keeping all other people for whom the booking is made fully informed, as all documents and information regarding the package will be sent to the lead booker; and
(c) Procuring that all other people for whom the booking is made understand, agree to and comply with the provisions of these Terms and Conditions. For the avoidance of doubt, the lead booker shall be responsible for any breach of these Terms and Conditions by any other person for whom the booking is made or to whom the lead booker makes a package available.
1.3 Insurance: You must purchase adequate travel insurance for you and all other members of your party at or around the time of purchasing your Wallabies Travel package and in any case prior to departure on your travel date. Subject to clause 5, Wallabies Travel will not be liable to provide a refund or cancel your booking if for any reason you are unable to utilise the Wallabies Travel package other than for a reason attributable to Wallabies Travel.
1.4 Consent to photos: Photographers and film makers may be in attendance on tour and may capture your image. It is a condition of purchase of a tour package that you consent to being photographed, filmed, identified and/or otherwise recorded by Wallabies Travel and/or Rugby Australia. Such persons, without payment, shall have the right to use any such photographs, film or recordings both during and after the relevant tour, for the maximum duration permitted under the applicable laws and, when applicable, at least until they are in the public domain, in any content format and through any media or technology whether now existing or created in the future and whether such use is commercial or non-commercial, including without limiting the foregoing, for the purposes of marketing our services in brochures and/or on any website.
1.5 Event organiser Terms and Conditions: you must comply at all times with the relevant Terms and Conditions of the organiser of the Event or the operator of the venue where the Event is taking place.
2. Prices
2.1 All prices are stated in Australian Dollars per person (accommodation is on a "twin-share" basis) and include any applicable GST.
2.2 Prices are based on payment by internet banking electronic funds transfer, credit / debit card, or cheque.
2.3 Please note that for contractual reasons, the package price cannot be itemized. The package price only includes the services specified in your itinerary. Any personal incidental costs incurred during travel are excluded.
2.4 Each amendment made to the booking within 100 days of the travel date will incur an amendment fee of $100 per amendment per person, in addition to any fees charged by suppliers. No changes are permitted within 14 days of the travel date.
2.5 Prices are based on supplier costs, exchange rates, taxes, levies, and surcharges at the time of publication. Prices are subject to change due to currency fluctuations, inflation and/or increase in supplier costs and regulatory charges at any time until full payment is received. If we advise you that the price of the package(s) has changed substantially pursuant to this clause 2.5, you have the right to cancel your booking in accordance with clause 5.4 and we will refund your deposit to you.
3. Payment
3.1 Pursuant to these Terms and Conditions, you can place orders for the purchase of Packages from Wallabies Travel on this website, and Wallabies Travel will provide the number and type of Packages ordered by the Customer and accepted by Wallabies Travel. Numbers available for purchase for each type of Package are limited. The number of Packages per Event that you may purchase will be determined by Wallabies Travel in its sole discretion.
3.2 Wallabies Travel shall be under no binding commitment to provide any Package in relation to an order for purchase, unless and until Wallabies Travel dispatches an Acceptance email to you. Upon the dispatch of an Acceptance email by Wallabies Travel to you, a sale-and-purchase agreement for the type and number of Packages as explicitly stated in the Acceptance email (the “Booking”) shall be deemed concluded between you and Wallabies Travel. If the Acceptance email sent to you by Wallabies Travel has an error, you will be notified of the error by an email detailing the correct information. For the avoidance of doubt, Wallabies Travel shall refund to you any monies paid to Wallabies Travel for the Package order to which an Acceptance email has not been dispatched by Wallabies Travel.
3.3 If you make a booking more than 100 days before the travel date:
(a) A non-refundable deposit of 25% of the package price for all travel packages is due at the time of the booking.
(b) Full payment for airfares quoted outside of group allocations is due at the time of booking.
(c) The remaining balance is due 100 days before the travel date for all packages.
3.4 If you place your booking within 100 days of the travel date of the Packages, a non-refundable deposit of 25% of the Package price is due at the time of booking. An invoice for the remaining balance will be sent once your booking is confirmed and will be payable within 7 days of receiving the invoice.
3.5 Payments can be made by internet banking electronic funds transfer, cheque, Visa, Mastercard, or American Express.
3.6 If you pay by internet banking, please quote your booking reference and surname or invoice number in the transaction to enable us to allocate and identify your payment correctly.
3.7 Payment by cheque will only be accepted if the cheque is drawn on an Australian bank account.
3.8 If any payment is not received by us within the timeframes outlined above, we reserve the right to cancel your booking without refund to you of any amounts already paid to us.
4. Play Advantage deposit
4.1 By playing advantage and paying a $200 deposit toward a particular fixture, you are guaranteed access to an exclusive pre-sale window and may redeem your $200 deposit against any package offered for that fixture or tour, subject to availability.
4.2 To redeem your Play Advantage deposit, you must enter your Play Advantage reference number on the website where required or quote it on the manual booking form. $200 will be deducted from the final balance payment for your booking.
4.3 If you attempt to redeem your Play Advantage deposit for a package that is no longer available, or you no longer wish to purchase a package from us, you are entitled to a refund of $200 provided that you contact us to request the refund within 12 months from the date you paid the Play Advantage deposit. If you do not contact us within 12 months from the date you paid the Play Advantage deposit, the Play Advantage deposit is automatically deemed forfeited and we will have no obligation to refund to you the Play Advantage deposit.
4.4 Please note that your Play Advantage deposit cannot be redeemed within 14 days of the travel date.
5. Cancellation
5.1 All cancellations must be requested in writing to [email protected] from the lead booker, and are only effective from the date they are received by our office.
5.2 The following scale of cancellation fees will apply from the date the request to cancel is received in accordance with clause 5.1:
|
Time before departure |
Cancellation fee as a % of the total travel package price retained |
|
More than 100 days |
25% |
|
100 days or less |
100% |
5.3 Most of our arrangements with suppliers are non-refundable and we are under no obligation to pursue any of our suppliers for refunds.
5.4 Except as provided under clause 8.3, if you cancel your booking for any reason the applicable cancellation fee, as outlined in clause 5.2, will be retained by Wallabies Travel and non-refundable.
5.5 Should you decide to cancel under clause 8.3, you must exercise your right to do so within 14 days of the issue date printed on your revised invoice. On receipt of your notification that you wish to cancel you will be entitled to a full refund of the monies paid by you to us and we will have no further liability to you.
6. Unused services
6.1 Without limiting any other provision of the Terms and Conditions relating to refunds or cancellation, refunds will not be provided where for any reason, including without limitation due to illness or personal choice, you do not utilise part of or all of the package inclusions.
7. Changes by us
7.1 Because packages are planned several months in advance, we may occasionally need to make changes to package inclusions. We reserve the right to make changes to your itinerary at any time.
7.2 We will advise you of changes at the earliest possible date.
7.3 Some suppliers of the services included in your package reserve the right to cancel or amend the services they provide. As such, Wallabies Travel will use reasonable endeavours to provide alternative services, however we cannot be held responsible for any such changes imposed by the supplier.
8. Tour group sizes
8.1 Prices and arrangements have been made based on minimum group sizes. Completion of the booking and payment process for the tour package is not confirmation that the tour will proceed.
8.2 In the event that minimum tour numbers are not met, we reserve the right to impose a surcharge, amend itinerary events so that the tour may proceed, and/or cancel the tour.
8.3 Should we choose to impose a surcharge, you will have the right to cancel in accordance with the provisions of clause 5.5.
8.4 Should we choose to cancel the tour, you will be entitled to a full refund of the monies paid by you to us and we shall have no further liability to you.
9. Flights
9.1 All flights are not considered as part of your Package and are considered a separate product booked on your behalf with the relevant airline and are not provided by Wallabies Travel under these Terms and Conditions.
9.2 In the event that flights are cancelled or postponed for you cannot fly for any reason beyond our control, all refunds will be in accordance with the relevant airline’s terms and conditions. Wallabies Travel cannot be held responsible for your inability to travel. If you cannot travel for any reason outside of our control, you will not be entitled a Package refund provided Wallabies Travel can fulfil the Package.
9.3 As airlines reserve the right to alter schedules, Wallabies Travel cannot be held responsible when confirmed flights are subsequently changed or cancelled. In the event of your flight arrangements being changed or cancelled, as outlined in this section, we accept no liability for extra costs or consequential loss, arising directly or indirectly from any independent contract arrangement, between you (or any member of your party) and a third party. Arrangements in the event of travel delay are the responsibility of the carrier.
9.4 Once issued, airline tickets are non-refundable and non- transferable. Please refer to the airline fare rules and conditions of carriage.
9.5 Domestic connections from main centres will be specified if available. Special add-on fares from other domestic points within Australia are available at extra cost. Please contact us if you require assistance in this regard.
9.6 All taxes and fees associated with the airfare (including fuel surcharges, departure taxes and government levies) are included in the airfare price but are subject to change without notice.
9.7 Excess baggage charges are the responsibility of you and each member of your party. Wallabies Travel shall not be liable to pay any excess baggage charges on yours or any party members' behalf.
9.8 You and your party members will be responsible for the cost of any transfers you require.
9.9 Subject to availability and payment of the additional costs, you may upgrade your flights. If flight upgrade payments are non-refundable we will notify you of this beforehand and as such if you cancel a package that includes an upgraded flight you will not be reimbursed for these payments.
9.10 Please note that the captain of the aircraft has absolute authority over the aircraft and passengers at all times, when they are boarding or on board the aircraft. The captain can refuse to carry anyone if they are, in the captain's opinion, unfit for any reason to travel or may pose a danger to the aircraft or other passengers. If you or any member of your party is refused carriage in these circumstances, the contract with Wallabies Travel will terminate immediately and we will have no further responsibility or liability to you.
10. Accommodation
10.1 While we will endeavour to secure your preferred room request with the hotel, we are unable to guarantee these requests due to limitations on the number and types of rooms available.
10.2 Hotel and facility descriptions on the Wallabies Travel website and other publications are based on current hotel guides and information provided by suppliers and may change at any time. Pictures may not show the particular room, décor, view, or other specifications included in your booking.
10.3 Bonds or credit card imprints may be required by hotels. These are usually requested by the hotel at the time of check-in.
10.4 Wallabies Travel will not be responsible for any charges for additional hotel services used by you or any costs charged by hotels due to damage caused by you, or for the return of any part of a bond payment.
11. Tour merchandise
11.1 Where applicable, please choose tour merchandise sizes carefully as it will not be possible to exchange these items at a later date.
11.2 While every effort will be made to ensure all tour merchandise is correct, we cannot accept responsibility if the merchandise does not meet your personal expectations due to the limitations of the sizes, merchandise, or styles available.
12. Match tickets
12.1 All tickets included in your package are supplied in accordance with the Ticket Terms and Conditions of the entity hosting the game, for which an administration fee is paid. This is included in the price of your package. You agree to comply with the relevant Ticket Terms and Conditions.
12.2 The tickets that form part of your package may not be resold or transferred without our prior written consent, and you cannot advertise or offer a ticket for transfer or resale on the internet or through any other medium. Tickets also cannot be used for advertising, promotion or other commercial purposes (including prizes, competitions or trade promotions) or to enhance the demand for other goods or services without the prior written permission of the host union.
12.3 If we are made aware of any prohibited use of your match tickets, we reserve the right to cancel your tickets with no liability to you and we may refuse to transfer your booking.
12.4 Subject to Clause 19, if a ticket to a match you are scheduled to attend is cancelled for any reason that cannot be attributed to you (including but not limited to cancellation or postponement of a match, no spectators being permitted to attend a match, or the match being played with reduced spectator capacity), we will refund you the face value of your ticket if we are able to obtain a refund from the ticket issuer. Your holiday package will be unaffected by the match cancellation or postponement and we will continue to provide you with the agreed services. We recommend you check your travel insurance to make sure that you are covered in the event that a match ticket for a match that you are due to attend is cancelled or postponed.
12.5 We will distribute your tickets to you in a manner that we deem most appropriate. We will let you know which method of distribution we intend to use prior to departure but reserve the right to amend this at any time. Once distributed tickets are your responsibility and cannot be replaced.
12.6 Please note that Wallabies Travel cannot be held responsible where the position or perceived quality of your seat at the match does not meet your personal expectations.
12.7 If you would like your ticket seating allocation to be "linked" to other customers, please speak to one of our consultants. While every effort will be made to allocate match seats for linked bookings together, this will be dependent on the ticket allocations we receive and cannot be guaranteed.
13. Wallabies Itineraries
13.1 The Wallabies fixtures and itineraries shown on the website and any Wallabies Travel published materials are correct at the time of publication but are subject to change without notice. Without limiting the foregoing, if the match schedules are changed due to circumstances beyond the control of Wallabies Travel, the supporter package inclusions and pricing may have to be altered.
14. Special events and promotions
14.1 The celebrities or players in attendance at an Event are at the complete discretion of Wallabies Travel and/or Rugby Australia, and you acknowledge that the people advertised as being in attendance at an Event may change at short notice.
14.2 The date, time and venue of an Event may change due to reasons outside our control. We are not responsible for any additional costs if such changes do not fit in with your travel and accommodation plans.
15. Our responsibilities
15.1 The services that we supply consist solely of:
(a) Arranging and coordinating travel, accommodation, match tickets and associated Events; and
(b) Making bookings and issuing tickets and vouchers to customers for the provision of services and facilities by suppliers.
15.2 We undertake to perform these services in accordance with the relevant laws, with reasonable care and skill. However, we will not be held liable for any loss, damage, or claim arising from acts or defaults outside the control of Wallabies Travel and its employees - including (but not limited to) suppliers of travel, accommodation, and match tickets in connection with your package.
15.3 To the extent permitted by law, our liability to you and your party will be limited to the value of the total cost of your package.
16. Documentation
16.1 Please check all of the confirmation letters and documentation distributed to you in relation to your travel and accommodation to ensure it fully meets your requirements. You must bring any errors to our attention at least 14 days before your travel date or we cannot guarantee the errors will be corrected to your satisfaction. Wallabies Travel will not accept responsibility for any documents subsequently altered without our consent.
17. Passport and visa requirements
17.1 If your package includes services fulfilled outside Australia, you will need a current passport that must be valid for at least six (6) months after your return to Australia.
17.2 You must check passport, visa, immigration, health, and customs regulations and requirements well in advance. It is your responsibility to ensure you have the correct documentation to allow your entry overseas and/or return to Australia.
17.3 Official travel advice issued by the Australia Department of Foreign Affairs and Trade is available by visiting: https://www.smartraveller.gov.au. We recommend that you review and consider this information prior to making your booking and prior to departure.
18. Accident Compensation
18.1 To the extent permitted by law, Wallabies Travel is not responsible for any personal injury you or any of your party suffer during your travels or arising out of or in connection with use of a package.
19. Force Majeure
19.1 If we are delayed in or prevented from performing our obligations due to any event or circumstances beyond our reasonable control (including, but not limited to, natural disasters, war or riots, acts of terrorism (including the threat of terrorism), disease, epidemic, pandemic, government policy, host union decision, closed or congested airports, technical problems and including for the avoidance of doubt any rescheduling, relocation or cancellation of any Match or Event as a result of any of the foregoing, then such delay or non-performance shall not be deemed a breach or entitle a claim for injury, damage, loss, delay, additional expenses or inconvenience.
19.2 Our obligations shall be suspended while such Force Majeure Event continues.
19.3 In the event that that part or whole of the Travel Package cannot be performed due to a Force Majeure Event, we will take all reasonable steps to source refunds from third party suppliers to the maximum extent possible subject to deductions for reasonable costs and expenses.
20. Limitation of Liability
20.1 Except as required by law (and to the minimum extent required by law), neither party shall be liable to the other for any indirect or consequential losses, costs or damages that arise out of or that are in connection with any duty or obligation under these Terms and Conditions or any duty or obligation at law.
20.2 Wallabies Travel will not be liable where any failure in the performance of the contract is due to:
(a) you or a member of your party (for example if you break a law in the country visited); or
(b) a third party unconnected with the provision of your package or arrangements; or
(c) unusual, unavoidable, unforeseeable and extraordinary circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which we or our suppliers, even with all due care, could not foresee or forestall.
20.3 To the extent that we have any liability to you under these Terms and Conditions or at law, that liability shall be capped at the total cost of your package.
20.4 You will indemnify Wallabies Travel from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by Wallabies Travel as a result of a breach by the you or a member of your party of these Terms and Conditions or in connection with, resulting from, or arising out of any and all acts or omissions of you or a member of your party.
21. Privacy
21.1 Our collection, storage, and use of your personal information is subject to Wallabies Travel's privacy policy which can be found at www.wallabiestravel.com.au, and is also subject to all applicable laws, including the Privacy Act 1988 (Cth).
21.2 You have the right to access your personal information recorded by us and to have it updated and corrected as necessary by contacting one of our travel agents.
22. Australian Consumer Law
22.1 Australian Consumer Law applies to the services we provide and nothing in these Terms and Conditions is intended to contract out of or limit the application of the Australian Consumer Law.
22.2 If you are entering into and agreeing to these Terms and Conditions in the course of trade (as that term is defined under Australian Consumer Law), then we each confirm, acknowledge and agree that the goods and services are supplied to you and acquired by you in trade for a business purpose, and that the statutory guarantees and implied terms, covenants and conditions contained in the Australian Consumer Law are excluded to the fullest extent permitted at law, and do not apply.
23. Frustrated Contracts Act 1978
23.1 The Frustrated Contracts Act 1978 does not apply to these Terms and Conditions. Therefore, neither party may make any claim relying on the Frustrated Contracts Act 1978 in the event that this contract is deemed to be frustrated.
24. Acknowledgement
24.1 YOU ACKNOWLEDGE THAT GOVERNMENTS, EITHER AT STATE, FEDERAL OR NATIONAL LEVEL, MAY IMPOSE BORDER RESTRICTIONS AT ANY TIME. IN THE EVENT BORDER RESTRICTIONS ARE IMPOSED BY ANY GOVERNMENT AT A STATE, FEDERAL OR NATIONAL LEVEL, Wallabies Travel WILL NOT BE LIABLE FOR ANY ADDITIONAL COSTS INCURRED BY YOU AS A RESULT OF THE BORDER RESTRICTIONS, INCLUDING BUT NOT LIMITED TO, THE COST OF QUARANTINE AT A MANAGED ISOLATION FACILITY AND/OR ANY ADDITIONAL ACCOMMODATION, TRAVEL AND INCIDENTAL EXPENSES NOT INCLUDED IN YOUR Package.
25. Accuracy
25.1 All reasonable care has been taken to ensure the accuracy of information on the website and other published material - however, prices and services offered are subject to change without notice.
26. Governing law
26.1 These Terms and Conditions are governed by the law of New South Wales and the courts of New South Wales shall have exclusive jurisdiction to settle any dispute which may arise from these Terms and Conditions.
Appendix 1
Acceptance: refers to a confirmation that your order for a Package has been received, which will include details of the Package and payment information.Booking: refers to the dispatch of Acceptance by us to you and receipt of the deposit and/ or full payment for your Package.Event: refers to the relevant sports or hospitality Event related to your Package.Force Majeure Event: refers to any Event or circumstances beyond the reasonable control of a party, including without limitation industrial or civil disputes, war, governmental action, riot, fire, flood, drought, act of God, terrorism (including the threat of terrorism), an outbreak or spread of a virus or disease classified as a pandemic or an epidemic , any legislation, ruling, regulation, decision (including the failure to grant any necessary permissions) of any relevant government, court or Event organiser and including for the avoidance of doubt any rescheduling, relocation or cancellation of the Tickets as a result of any of the foregoing.Match: refers to the relevant Wallabies rugby match related to your Package.Package: refers to products or services marketed, promoted and sold by Wallabies Travel to Customers.Terms and Conditions: refers to these Terms and Conditions.Ticket: refers to Tickets for the relevant Event supplied to Wallabies Travel by the Event organiser.Ticket Terms and Conditions: refers to the Terms and Conditions applicable to each Ticket as specified by the official Ticket supplier.
Wallabies Travel website general terms and conditions
By accessing the Wallabies Travel Sites you accept without limitation or qualification all of these Terms and Conditions and any subsequent amendments or variations as we, in our sole discretion, may make from time to time.
1. PURPOSE
This document and the documents referred to below constitute a legally binding agreement between you and Sports Travel and Hospitality Australia Pty Ltd ACN 638 319 543 (Wallabies Travel) and it may be enforced by Wallabies Travel or in Wallabies Travel’s sole discretion any subsidiary undertaking of Wallabies Travel from time to time (and “Wallabies Travel” shall be read accordingly for the purposes of these Terms and Conditions).
These Terms and Conditions set out your rights and obligations and those of Wallabies Travel in relation to your access to and use of the internet site operated by us with the domain name https://www.wallabiestravel.com.au (the “Site”) which expression shall include all emails (including Updates by Email as defined below) or other communications sent to you via the Site or from or on behalf of Wallabies Travel and all information, products, software, services, features and materials contained on or offered in conjunction with the Site.
2. VARIATION
We may, at our discretion, vary or amend to these Terms and Conditions and any document (including but not limited to the Privacy Policy) which is stated to form part of these Terms and Conditions. All such amendments or variations will be effective as soon as they are posted on the Site or notified to you. The amendment or variation shall apply to your use of the Site and to any services offered to you upon such posting or notification so you must check these Terms and Conditions every time you visit the Site.
3. THE SITE
3.1 Users
Anyone who accesses the Site is a visitor (a “Visitor”). Visitors are able to access information about the Site. As a Visitor, you will be able to access material on most areas of the Site.
3.2 System Integrity
You undertake to us that you will not use and that you will not permit the use of any device, software or programming routine that interferes or attempts to interfere with the working and functionality of the Site or otherwise do anything which is outside of the scope of your reasonable use of the Site. You undertake not to take or permit the taking of any action that (in our sole discretion) imposes an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not use any robot, spider, other automotive device or manual process to monitor or copy our web pages or the content contained on the Site without our prior written consent.
4. USE OF THE SITE
4.1 Content
The Site and Updates by Email include facts, views, opinions and recommendations of individuals and organisations deemed of interest. We do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.
The content on the Site, including any research, does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by users.
Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.
We, in our sole discretion, may add, delete or change some or the entire Site at any time. The content contained in the Site is presented for informative purposes only. Nothing contained on the Site should be considered a substitute for professional advice and to the extent necessary you should seek the same independently.
4.2 Proprietary information
You acknowledge and agree that the materials used and displayed on the Site including but not limited to text, music, software, sound, photographs, graphics, video, page layout and design, illustration and artwork, names, logos, trademarks, service marks and all other materials are the property of Wallabies Travel/Tennis Australia Limited and/or their licensors, and are protected by copyright trademark and other laws and you undertake not to infringe or permit the infringement of the same in any way whether in whole or in part.
You undertake not to modify, copy, reproduce, re-publish, upload, post, transmit, rent, loan, sell, lease, license, sub-license or distribute any material on the Site or create in any way content and/or derivative works based on the content of the Site or the Site itself or services provided by, or on behalf of Wallabies Travel in whole or in part without our prior written consent.
5. UPDATES BY EMAIL
We may give you the option to subscribe to our email service which will give you information on offers, update you on tours organised by us and other events, news or articles which we consider to be of interest to you. Your use of the content received through the email news service will be subject to these Terms and Conditions.
If you use the Online Contact Form, we may automatically sign you up to receive updates by emails (although you will be given the option to opt-out of receiving such emails on registration). Please refer to our Privacy Policy.
6. LINKS TO THIRD PARTY SITES
We may provide links to other third party web sites or resources. These links are provided solely as a convenience to you and are not an endorsement by us of the contents of such third party web sites. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, product, services, offers or other materials on or available from such sites or resources.
You further acknowledge and agree that we 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 of any such content, goods or services on or available through any such site or resource. If you decide to access linked third party web sites you do so at your own risk. Any concerns regarding any external links should be directed to its respective site administrator or web master.
If you would like to link to the Site you must first obtain written authorisation from Wallabies Travel (such authorisation being revocable by Wallabies Travel at any time), must read and comply with the following guidelines and all applicable laws, specifically points a-g below. A web site that links to the Site:
(a) may link to, but not replicate or otherwise use, the content of the Site;
(b) must not create a frame or any other browser or border environment around the Content;
(c) must not in any way imply that Wallabies Travel is endorsing it or its products or services;
(d) must not misrepresent, or do or permit to be done anything which may reasonably lead to confusion over, its relationship with Wallabies Travel;
(e) must not present false information about Wallabies Travel;
(f) must not be a web site or WAP site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
(g) must not be a web site or WAP site that contains content that could be construed as distasteful, offensive or controversial.
We expressly reserve the right to request that any link in breach of these terms is removed immediately and to take whatever other action we deem appropriate.
7. PRIVACY
You are asked to read our Privacy Policy , which forms a part of these Terms and Conditions and sets out the way in which we handle your personal data.
8. GENERAL
8.1 Termination of these Terms and Conditions
We reserve the right to suspend or terminate your account, which is or appears to us to be in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or other misuse of the services offered through this Site. If you hold such a suspended or terminated account you may not re-register for the Site without our prior written consent. We may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms and Conditions.
If any proceeding is brought by or against you under the bankruptcy or insolvency laws of any jurisdiction, we shall be entitled to terminate these Terms and Conditions forthwith.
8.2 Indemnity
You agree to pay, indemnify, and hold Wallabies Travel (and its directors, officers, employees and agents) harmless (and continue to) from any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to:
(1) any third party claim, action or allegation of infringement, misappropriation, or violation of copyright, trademark or other proprietary rights of any third party based on any content (including but not limited to your Postings) submitted by you;
(2) any breach of these Terms and Conditions by you;
(3) any third party claim action or allegation brought against Wallabies Travel arising out of in relation to a dispute between Members or in relation to your use or misuse of the Site; and/or
(4) any action taken by Wallabies Travel under your instructions in relation to the use of the Site.
8.3 Disclaimer of Warranties
Your use of the Site and any services offered on or in connection with your use of the Site is at your sole risk. Services provided with the Site are provided on an “as is” and “as available” basis. We to the fullest extent permitted by law disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy reliability, completeness or accuracy of the material, services, software, text, graphics, and links.
We make no warranty or representation that:
(1) the service will meet your requirements;
(2) the service will be uninterrupted, timely, secure or error free; or
(3) the quality of any services information or other material obtained by you through your use of the Site will meet your expectations.
If your use of the Site will require your replacing equipment or data you will be responsible for the costs of such replacement.
If you are dissatisfied with any part of the services the Site or with these Terms and Conditions or any other rules or policies your sole remedy is to discontinue use of the Site.
8.4 Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct (other than for death or personal injury arising directly from use of the Site), indirect incidental, special, consequential or exemplary damages including but not limited to in relation to all types of damages, loss of profits, goodwill, use, data or intangible losses (even if we have been advised of the possibility of such damages) resulting from:
(1) the use or the inability to use the Site or any service provided in connection the Site;
(2) the cost of procurement of substitute and services resulting from any, data, information, services purchased or obtained and messages received and transactions entered into through or from the Site;
(3) unauthorised access to or alteration of your transmissions or data;
(4) statements or conduct of any Member or third party in relation to the Site or;
(5) any other matter relating to the Site or service provided in connection with the Site.
In no event will our liability arising out of or in respect of these Terms and Conditions exceed $500 except in relation to death or personal injury.
Some jurisdictions do not allow the exclusion of certain warranties with a limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section 8.4 may not apply to you.
8.5 No Association
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Wallabies Travel and you is intended or created by these Terms and Conditions.
8.6 No Assignment
You may not assign your rights or delegate (or sub-contract) your duties under these Terms and Conditions.
8.7 Suspension or Discontinuance of Service
Without prejudice to Clause 8.1 Wallabies Travel may suspend or discontinue the Site or your access to the Site with or without cause and with or without notice.
8.8 Force Majeure
Wallabies Travel shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure results from any act of God or other cause beyond its reasonable control (including without limitation, any mechanical, electronic or communications failure)
8.9 Entire Agreement
These Terms and Conditions (as amended from time to time) comprises the entire agreement between you and Wallabies Travel in relation to your use of the Site and governs the use of the Site and any services provided to you in connection with the Site. Without prejudice and subject to Clause 3.1 it replaces and voids any prior agreement between you and Wallabies Travel, whether written or verbal, in relation to the Site or any services provided to you in relation to the Site. You may also be subject to additional terms and conditions when you use affiliate or other Wallabies Travel services, third-party content or third-party software.
We make no claims that the Site is appropriate for any particular purpose or audience, or that it may be downloaded outside of Australia. Access to the Site or use of the Site may not be legal by certain persons in certain countries.
8.10 Severability
Each provision of these Terms and Conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
8.11 No waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
8.12 Law and jurisdiction
All legal issues arising from or related to the use of the Site or any services provided in relation to the Site shall be construed in accordance with and determined by the laws of Victoria and you hereby agree to submit to the exclusive jurisdiction of the Victorian Courts.