Terms and Conditions

TERMS AND CONDITIONS

IMPOTANT NOTE: Please read these terms and conditions when booking any photography tours with Photo Tours Australia carefully. .All booking made through  Photo Tours Australia are subject to these Terms and Conditions which affect your legal rights and are binding on you.

1. RESERVATIONS: To make a reservation with Photo Tours Australia for any photography tours, payment is to be made in full a minimum of 7 days prior to the photography tour through our online booking form. Acceptable forms of payment are by Paypal, EFTPOS, Direct Deposit, cheque, cash, gift certificate or online shopping cart. All prices are quoted in Australian dollars (AUD)

2. CANCELLATION AND REFUND POLICY: A refund is only applicable if a photography tour or event is fully cancelled and no alternative tour or event is offered. Photo Tours Australia is happy for you to on sell your ticket to the photography tour or event as long as we are notified in writing of the 3rd party receiving the ticket.

3.  CHANGE OF MIND POLICY:  Photo Tours Australia will not issue a refund if you change your mind about attending any of the photo tours or events

4. EVENT FARES: The event costs quoted are per person, or as advised in the booking notification. The event prices are quoted in Australian dollars (AUD)

5. CONTRACT: Upon payment of the cost for the relevant photography tour or event that you have booked in for, and the confirmation of the booking by us, a contract is concluded between us (Photo Tours Australia) and you (the attendee) concerning the photography tour or event in terms of these terms and conditions

6. INTERPRETATION: In these Terms and Conditions

  • “Event” means any workshop offered by Photo Tours Australia with reference to my workshops and tours.
  • “Photo Tours Australia” means Photo Tours Australia, associates and employees.
  • “Photo Tours Australia” means Adrian Matthiassen trading as Photo Tours Australia ABN: 42 686 421 414, PO Box 1501, Aitkenvale Queensland 4814
  • Ph: 0420 275 575 E: enquiries@phototours.au
  • “Unexpected Event” means any act, circumstance or event beyond the control of Photo Tours Australia caused or arising from but not limited to personal illness, Acts of God, public enemies, government restraint, riots, strikes, lockouts, labour troubles, epidemics, civil disturbances, perils or rivers or navigable waters, fuel shortages or abrupt and unexpected increases in fuel costs, collisions, stranding, fire, lightning, storms, cyclones, theft, battery or crime by any person, faults or errors of navigation, management of boats, planes, fault or neglect of pilots, crew or independent operators and contractors.

7. WEBSITE: Where the website or online booking forms contains particulars of our conditions or policy about booking and reservation procedures, cancellations or refund of fares and itineraries events run by Photo Tours Australia then it forms part of these Terms and Conditions and if there is any inconsistency, these Terms and Conditions will prevail.

8. TRANSFERABLE: Unless otherwise authorised in writing by Photo Tours Australia, attendees have the right to transfer their rights and obligations under these Terms and Conditions. The booking payment paid shall not be refundable except as permitted by these Terms and Conditions and Photo Tours Australia will not be liable to make any refund to the attendee if the attendee fails to arrive for the event.

9. CHANGES, DELAYS OR CANCELLATION: Photo Tours Australia will endeavour to follow the event itinerary as described in our website and Social Media pages and the attendee accepts that Photo Tours Australia has the right to change or postpone the itinerary, the destinations or cancel the event as a result of some unexpected event, prescribed numbers to the event have not been met, or prevailing inclement weather conditions occur. The Attendee accepts that they will not be entitled to any compensation or a refund of the booking cost should this occur and no alternative workshop date has been arranged. If Photo Tours Australia cancels the event for any other reason they will refund the booking cost paid and if the event date is delayed or shortened for any other reason Photo Tours Australia will provide a credit for any future event run by Photo Tours Australia. So far as these terms and constitute a contract for the supply of services then and in no event shall the liability of Photo Tours Australia to the attendee for a breach of an express or implied condition of warranty in that respect exceed, at the election of Photo Tours Australia

  • On obligation on the part of Photo Tours Australia to supply the services again, or;
  • The refund or payment to the attendee for an amount equal to the booking fee paid by the attendee for the event as outlined belowIf you cancel your booking the following fees apply:
    • If you cancel more than 60 days before the photo tour start date, we will offer you a full refund of any payments you have made
    • If you cancel between 60 and 30 days before the tour date starts, we will offer you a 50% refund of any payments you have made
    • If you cancel between 30 and 8 days before the tour starts, we will offer you a 35% refund of any payments you have made
    • if you cancel 7 days or less before the tour starts, unfortunately, we won’t be able to provide you with any refund

    A ‘no show’ will incur 100% penalty. No refunds are given on unused tickets.

10. ATTENDEE HEALTH AND RESPONSIBILITY: The attendee admits a full understanding of the nature and character of the event run by Photo Tours Australia and the scope of the activities contemplated by the attendee during the event and assures and undertakes to Photo Tours Australia

  • That they are in good health and well able to undertake the activities outlined in the event
  • That they will effect any type of travel insurance sufficient to cover any limitation or liability against them imposed by these Terms and Conditions should they wish to do so
  • That they have disclosed any physical or mental disability requiring special attention (including the use of a wheelchair) or treatment at the time when the booking of the event was made;
  • No attendee will be permitted to undertake the event while their mental or physical condition is , in the opinion of any representative of Photo Tours Australia,, such as to render them incapable of caring for themselves, or whereby they become objectionable to other attendees or the event coordinator or trainer, or that they become hazardous to themselves or others. Photo Tours Australia will not be responsible for any expenses resulting in such persons being precluded from completing the event.
  • That the attendee accepts that a medical certificate certifying that fitness to attend the event may be required at Photo Tours Australia’s discretion and if any attendee has had surgery less than twelve (12) months prior to the event that the attendee must submit a letter from a qualified physician that the attendee is fit for attending the event. Photo Tours Australia reserves the right to deny participation to the event if the attendee requires care and attention that Photo Tours Australia cannot adequately provide and this decision can be made by Photo Tours Australia at its sole discretion;
  • Any charges incurred by attendees for medical reasons including, but not limited to physicians, surgeons, hospitals, accommodation, medication, diagnostic facilities, air ambulance evacuation or ground ambulance shall be the sole responsibility of the attendee;
  • And the attendee agrees to indemnify Photo Tours Australia from and against all claims, costs, charges, fines or penalties arising as a result from any claim made against Photo Tours Australia

11. LIMITATION OF LIABILITY: The liability of Photo Tours Australia to the attendee is limited with respect to both personal injury and damage to loss of property to the full extent permitted by law and in these event Terms and Conditions. Photo Tours Australia accepts no responsibility or liability to the attendee for loss, death or delay of, or injury to any participants or loss, damage or delay to a participant’s baggage, personal effects, camera equipment or any other property arising from or caused by an unexpected event.  These Terms and Conditions remain in effect for all periods and Photo Tours Australia is under no responsibility to the attendee or the attendee’s property. No variation or waiver of any terms and conditions of these Terms and Conditions will have any effect unless they are in writing and signed by Photo Tours Australia.  In addition to any other limitation of liability contained in these Terms and Conditions, Photo Tours Australia shall have the benefit of any statutory limitation of liability available in all states of Australia.  At times, Photo Tours Australia may use other terms and services of operators other than Photo Tours Australia e.g tour operators and hoteliers, which are not under the direct control of Photo Tours Australia, and whilst Photo Tours Australia takes all reasonable care in selecting these operators, it cannot accept responsibility for those operators’ conduct or their representative employees or agents or for any ramifications of that conduct

12. ATTENDEES BAGGAGE: All baggage brought on any photographic tour or event run by Photo Tours Australia by an attendee must remain in the possession and control of the attendee during the event. Any baggage should be appropriately marked with the name and address of the attendee. The attendee must not bring on the event in baggage or otherwise any dangerous or inflammable substance, including any prohibited or non-prescribed drug.  Photo Tours Australia is not responsible for any jewellery, money, documents and any other valuables that attendees keep on their person, in their rooms or in their baggage and Photo Tours Australia strongly recommends that participants obtain adequate insurance to cover any loss or damage in this respect .In no event will Photo Tour Australia’s responsibility or liability to the attendee for loss of baggage or personal effects exceed $100 and the attendee agrees to indemnify and keep indemnified the carrier from and against any claims made against Photo Tour Australia in excess of the amount in that respect

13. RECREATIONAL ACTIVITIES: Photo Tour Australia will not be liable to attendees for any injuries or damage that may occur whilst the attendee is participating in recreational activities during the photography tour or event. By utilising these facilities attendees agree to assume all risks associated with those activities and fully release and discharge Photo Tours Australia from any and all claims, demands, damages, causes of action, present or future, resulting from or arising out of the attendees’ use of or participation in those activities. By agreeing to this, Photo Tours Australia will be entitled to refuse to allow the attendee to participate in those activities if the attendee decides not to agree.

14. The attendee agrees to let Photo Tours Australia use images taken of them whilst on the photo tour or event to be used in any form of advertising and promotion without any remuneration to the attendee unless previous arrangements have been agreed to in writing

15 APPLICABLE LAW: Should any provision for these event Terms and Conditions be contrary to or invalid by the laws of the State of Queensland, or the Commonwealth of Australia or for any other reason the relevant provision will be deemed to be severed from these event Terms and Conditions and shall be of no effect but all remaining provisions shall remain in full force and effect. These event Terms and Conditions shall be governed in all respects by the laws of all Australian States and Territories and the attendee agrees that any claims or disputes between the attendee and Photo Tours Australia in connection with these event Terms and Conditions shall be commenced, filed and litigated before a Court of proper jurisdiction in Queensland and in the city of Townsville.

Photo Tours Australia  ABN 42 686 421 414 • PO Box 1501, Aitkenvale QLD 4814

Terms & Conditions valid as of 22.05.2024

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