Terms & Conditions
The airguides.com web site (Site) is owned and operated by Hopolla Group Pty Ltd (Company, we, us, our).
Your use of the Site is conditional upon your agreement to, acceptance of and compliance with the Terms and Conditions set out below (Terms and Conditions). Your use of the Site constitutes your agreement with the Terms and Conditions.
TERMS AND CONDITIONS
1.1 The Deposit must be paid on execution of these terms and conditions. The balance of the Trip Price is payable by the Customer on or before the Payment Date. If the balance of the Trip Price is not paid by the Payment Date, the Company reserves the right to treat the booking as cancelled. If a booking is made on or after the Payment Date, 100% of the Trip Price is payable upon booking.
1.2 All prices are quoted in US dollars and include local Goods and Services Tax of 15%.
1.3 If any amount payable by the Customer pursuant to these terms and conditions is not paid on the due date then the Customer agrees to pay interest on such amount at the rate of 15% per annum for the period from the relevant due date until payment is made. Interest will be calculated on a daily basis without prejudice to any of the Company's rights and remedies under these terms and conditions. Any expenses, disbursements and legal costs incurred by the Company in the enforcement of any rights contained in these terms and conditions shall be paid by the Customer (including any reasonable solicitors fees or debt collection agency fees).
2. Cancellations, Refunds and Amendments
2.1 All cancellations must be received in writing. If the Customer cancels his or her Trip, the Company will, subject to any deductions required by clause 2.2, refund the Customer's payments in the following manner. For the avoidance of doubt the percentages referred to in this clause are a based on the balance of the Deposit available subject to any deductions provided for in clause 2.2:
(i) Where the Deposit only has been paid and notification of cancellation is received:
a. more than 60 days prior to the departure date – 50% of the Deposit is refundable; or
b. within 60 days prior to the departure date – none of the Deposit is refundable.
(ii) If full payment of the Trip Price has been made and notification of cancellation is received:
a.more than 60 days prior to the departure date – 90% of the Trip Price is refundable;
b.within 30-60 days prior to the departure date – 80% of the Trip Price is refundable;
c.within 8-29 days prior to the departure date – 30% of the Trip Price is refundable; or
d.within 7 days prior to the departure date – none of the Trip Price is refundable.
(iii) No refund is available for cancellation after the Trip has commenced.
(iv) Any refund in respect of any Trip, or any product or service which forms part of a Trip and is not utilised will be at the discretion of the particular Supplier.
2.2 Each Supplier may levy its own additional cancellation fees. These cancellation fees are the sole responsibility of the Customer. The Company may deduct such cancellation fees from the Deposit or Trip Price which has been paid by the Customer.
2.3 The Customer acknowledges that the Company is not able to provide a refund (if applicable) to the Customer until such time as it is reimbursed the funds from the relevant supplier. Accordingly, the Company shall make payment of any applicable refund at its soonest possible convenience following its recovery of such fund from the relevant supplier.
2.4 The Company reserves the right for its guides to refuse to carry any Customer for any reason whatsoever at the Company's sole discretion.
2.5 The Company reserves the right to alter the Trip itinerary or accommodation in the event of unforeseen circumstances (such as extreme weather and road closures) beyond its reasonable control.
2.6 The Company is not liable and bears no responsibility for costs incurred by the Customer in relation to onward travel alterations, delays or any activities that have been booked to start after the termination of the Trip.
2.7 Should a Customer wish to amend his or her itinerary after confirmation, an amendment fee of US$100 per booking will apply, in addition to any Supplier amendment and/or cancellation fee. All amendments are on a request basis and are subject to availability. A Supplier may consider an amendment to be a cancellation, which may incur a 100% cancellation fee in which case clause 2.2 above will apply.
3. Waiver of Claims, Release of Liability, Assumption of Risk and Indemnity
From the Customer to the Company (and for the purposes of this clause 3 the "Company" includes its shareholders, officers, employees, agents, representatives, guides, instructors, independent contractors, subcontractors and all other persons in any way involved or connected with the Trip and their successors and assigns):
3.1 I accept that the Trip involves risks, dangers and hazards which involve the possibility of physical risks greater than those encountered in daily life. I accept that these risks, dangers and hazards involve the possibility of personal injury, emotional trauma, death, property damage and loss, which may affect my family, my friends and me. Knowing the risks, I still wish to participate in the Trip and I freely accept and fully assume all such risks, dangers and hazards, however caused.
3.2 I declare that I am physically fit and have no condition or injury that could be affected by participating on the Trip.
3.3 I consent to receive any medical treatment which may be deemed necessary by the Company in the case of accident, injury or illness during the course of the Trip and I also agree to indemnify the Company in respect of such medical treatment.
3.4 I authorise the Company to collect, retain and use any information about me for the purpose of the Company's procedures in the event of an emergency or for assessing my creditworthiness and/or enforcing any rights under these terms and conditions. I authorise the Company to disclose any information obtained to any person for the purposes set out in this clause. The authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
3.5 I acknowledge that compensation for death or personal injury suffered by accident within New Zealand is limited to that available under the Accident Rehabilitation and Compensation Insurance Act 1992 which provides specified statutory compensation in replacement of and in exclusion of common law rights.
3.6 In consideration of the Company permitting my participation on the Trip, I agree:
(a) To waive any and all claims that I have or may have in the future against the Company arising out of or in relation to any aspect of my participation on the Trip.
(b) To release, indemnify and hold harmless the Company for any loss, damage, expense, mental or physical injury including death that I may suffer or that my next of kin may suffer directly or indirectly as a result of my participation on the Trip, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of the Company and/or any other person associated with the Company in relation to, and including the failure on the part of the Company to safeguard or protect me from the risks, dangers and hazards of the Trip.
(c) To release, indemnify and hold harmless the Company for any and all liability, damages, costs and expenses suffered by any other person as a result of my participation on the Trip or my other acts or omissions.
(d) To follow the instructions and protocols of the Company at all times.
(e) In the event of my death or incapacity, I acknowledge that these terms and conditions will be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives.
(f) By entering into these terms and conditions, I am not relying on any oral or written representations or statements made by the Company with respect to the safety of the Trip, other than what is contained in these terms and conditions.
3.7 The Company bears no responsibility for individual Customer satisfaction.
3.8 The Company bears no responsibility for the action or inaction of any hotel staff, activity provider or associated personnel.
3.9 Insofar as the Company may be liable notwithstanding this clause 3, to the extent permitted by law the total liability of the Company whether in tort (including negligence), contract or otherwise for any loss, damage or injury arising directly or indirectly out of the provision of the Trip or any other breach of the Company's obligations is limited to the lesser of the Trip Price payable by the Customer or the direct loss or damage suffered by the Customer. The Company shall not be liable for any indirect or consequential loss suffered by the Customer. The Company shall not be considered liable for any loss or damage resulting from any occurrence unless a claim is formally made on it within 6 years from completion of the Trip.
4. General Matters
4.1 It is the Customer's responsibility to ensure that he or she has a valid passport, visa and re-entry permit which meets the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the Customer's sole responsibility. All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport.
4.2 The Company strongly recommends that the Customer takes out travel cancellation and repatriation insurance in addition to personal accident or medical emergency insurance. The Company also recommends the Customer has a travel insurance policy which includes personal belongings cover for the replacement cost of stolen, lost or damaged belongings.
4.3 The Customer acknowledges that it will be liable for all costs, fines and other penalties associated with any act or omission of the Customer (including without limitation any penalty imposed due to a Customer smoking in "non-smoking" designated accommodation or the costs of fighting any fire caused by the Customer (whether such fire is started deliberately or accidentally)).
4.4 The Company and the Customer shall attempt in good faith to settle any dispute by mediation.
4.5 In the event that any one or more of the provisions contained in these terms and conditions shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these terms and conditions.
4.6 The Company shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its reasonable control. Failure by the Company to enforce any of the terms and conditions shall not be deemed to be a waiver of any of the rights or obligations of the Company.
4.7 These terms and conditions are binding on, and for the benefit of, the successors of the Customer and the successors and assigns of the Company. The Customer confirms that he or she has read and understood these terms and conditions prior to signing them, and he or she is aware that by signing these terms and conditions he or she is waiving certain legal rights which the Customer or his or her heirs, next of kin, executors, administrators, assigns and representatives may have against the Company.
5. Intellectual Property
All of our information, text, material, images, audio, video, graphics, software and our advertisements on the Site (Our Content) are copyright © 2019 Hopolla Group Pty Ltd, our associated companies, suppliers, and/or licensors unless expressly indicated otherwise. Our Content is protected by Australian and international copyright laws.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with Our Content except as expressly provided on the Site, or expressly authorised by us in writing.
You must not use our trademarks, logos or other materials for any purpose without our prior written consent.
You may, subject to specific restrictions set out in these Terms and Conditions, download Our Content from the Site solely for your personal, non-commercial use. You must not distribute Our Content in any form to any third party. You agree not to change or delete any proprietary notices from any of Our Content downloaded from the Site.
6. Moderation and Control of Content
We reserve the right to monitor Content posted onto our Site. While we reserve the right to monitor the posting of such Content, we do not and cannot, and are under no obligation to, review all Content and ant third party materials posted or uploaded to the Site and are not responsible for the content of these communications and third party materials.
We reserve the right to block, edit or remove from the Site any Content, communications or third party materials which the Company in its sole discretion determines to be abusive, defamatory or obscene, fraudulent, misleading or deceptive, a breach of any third party intellectual property rights, a breach of any law or these Terms and Conditions, or offensive or otherwise unacceptable to us.
You acknowledge and agree that we have no control over other users of the Site, and are under no circumstances liable for the behaviour, opinions or conduct of such users, including but not limited to any Content, information, materials or advice provided by them, any defamatory or otherwise offensive statements.
You must not:
- post or upload any Content which is false, misleading or deceptive;
- post or upload any Content which is libellous, defamatory or which disclose private or personal matters concerning any person, or any Content which is indecent, obscene or pornographic;
- post or transmit any Content that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
- interfere with other user’s use or enjoyment of the Site,
- post or transmit any file or data which contains viruses or any other contaminating or destructive features;
- post or transmit any Content which are harmful, threatening, abusive or hateful;
- post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
- send any unsolicited mass emailing to other users of the Site; or
- use the facilities of the Site to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.
Access to any third party site which may be reached by the hyperlinks on this Site (Linked Site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the Linked Site.
Accessing a Linked Site from this Site, regardless of whether the link was posted by us or by other users, does not expressly or impliedly constitute any guarantee, undertaking or warranty on our part as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the Linked Site. We will not be liable to you or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a Linked Site.
The ability to access a Linked Site does not:
constitute express of implied authority to infringe copyright in any content contained on the Linked Site; or
imply any connection, sponsorship or affiliation between the Linked Site and this Site or our Company.
9. Disclaimers and Limitation of Liability
To the fullest extent permitted by law:
- all information and materials on the Site is provided “as is” and without warranty of any kind, express or implied;
- all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
- we and our information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on the Site;
- we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
- we make no warranties that files and/or data available for downloading from the Site, or the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.
Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Site or any content or other materials contained on the Site.
You agree to indemnify us and keep us, our officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of the Warranties, these Terms and Conditions or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person using your registered account.
11. Variation and Termination
These Terms and Conditions shall continue to have full force and effect until varied or terminated by us. We reserve the right to terminate this agreement and your access to the Site at any time for any reason or for no reason. The Terms and Conditions relating to intellectual property, your licences to us, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
We reserve the right to vary these Terms and Conditions at any time, including by posting new or varied Terms and Conditions on the Site. You will be given the opportunity to accept such varied Terms and Conditions on your first visit to the Site after such variation occurs, and if you elect not to accept the Terms and Conditions as varied your permission to use the Site will terminate immediately.
12. Governing Law
This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
Our waiver of a breach by you of these Terms and Conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these Terms and Conditions.