NORMANBY STATION EVENT

JUNE 2nd – 4th, 2023

BOOKING TERMS & CONDITIONS

 

A few important things to note:

  • We will have more Term & Conditions from Normanby Station to include, and will advise when these are uploaded
  • Luggage allocation – please only travel with one medium suitcase and a personal carry bag each (there is limited space during transportation)
  • We will update with a full check-list of what to pack closer to the travel date so we are all prepared

DEFINITIONS

  • “Booking Form” means the booking form accessible at troycassardaley.com.au/normanby-station.
  • “Principal Traveller” means the person detailed in the Booking Form at the relevant section.
  • “Additional Traveller” means the person detailed in the Booking Form at the relevant section.
  • “Us”, “we” or “our” means Tarampa Music Pty Ltd (ABN 79 105 123 939).
  • “You” and “your” means the Principal Traveller, Additional Traveller, person holding or using a ticket to the Holiday irrespective of whether the ticket was purchased by the person holding or using the ticket and applies to any subsequent holders or recipients of the ticket.
  • “Fee” means the total fees and costs for the Holiday as outlined in our website at troycassardaley.com.au/normanby-station.
  • “Holiday” means the On Country Event and all components encompassing ground transport, included activities and accommodation.
  • “Third-Party Suppliers” means any goods or services providers contracted by us to provide services or goods, including but not limited to providers of ground transport, accommodation, food and tours.
  • “Special Conditions” means, including but without limitation, any allergies, dietary requirements, pre-existing medical conditions, disability, illness, disease, limited mobility or any circumstance that requires special assistance or knowledge, as described in the Booking Form or as otherwise notified by you to us.

Our contract with you is comprised of the Booking Form, the Booking Terms and Conditions, and any other written information we provide to you or otherwise any document brought to your attention in any format in connection to the Holiday ( “Contract”).

You must read all the documents comprising the Contract carefully. It is your responsibility to provide details of the Contract to all subsequent ticket holders and recipient of the tickets and to ensure that such parties accept the terms of the Contract.  The person making the booking represents and warrants that they have the authority to make the booking on behalf of all subsequent ticket holders.

By making a booking, you agree that:

  1. You have read all the documents comprising the Contract;
  2. You are: (a) over 18 years of age or, (b) where the booking includes an Additional Traveller under the age of 18 years of age (a “Minor”), then the Principal Traveller must be a parent or guardian of the Minor.

MAKING A BOOKING

When a booking for the Holiday is made, all details will be provided in writing to you. Once you have confirmed these details, we will proceed to confirm the booking and you must pay 50% deposit of the Fee to confirm your booking (“Deposit”).

You must ensure that all information and details regarding all ticket holders, the Principal Traveller and/or Additional Traveller are truthful, accurate and recent, including but not limited to the names of all Principal Traveller and Additional Traveller, Special Conditions, dates and timings (“Key Information”). On receipt of all documents, should you discover any errors in the Key Information, you must advise us of any errors or changes as soon as practicable.

Your failure to correct Key Information may cause delays and impact our ability to make changes later and there may be increases in fees and charges payable by you or on your behalf (as set out in the section titled “Cancellation” below).

The booking information provided to us will be passed on only to the Third-Party Suppliers or other persons to the extent necessary for the provision of travel arrangements. Any sensitive information given to us such as details of any disabilities, or dietary and religious requirements may be provided to relevant Third-Party Suppliers, where necessary. All information will be handled accordingly to our privacy policy: troycassardaley.com.au/privacy-policy.

PRICING

All Fees are quoted in AUD and include all taxes and charges, including GST (where applicable) unless stated otherwise.

We endeavour to ensure that all the information and Fees are accurate, however occasionally changes and errors do occur, and we reserve the right to correct prices and other details in such circumstances. It is your responsibility to review and confirm current Fees and all other details relating to the travel arrangements that you wish to book before your booking is confirmed.

DEPOSITS AND FINAL PAYMENT

You will be required to pay a Deposit or make full payment for your booking at the time of booking. All Deposits will be shown on your invoice. Subject to any statutory rights you may have, Deposits are non-refundable. Where you only pay a Deposit, you must pay the full balance by the balance due date stipulated in the invoice and notified to you via email or our website. Full payment is due by the date advised by us at the time of booking.

If scheduled payments are not received by the due dates stipulated in the invoice or as notified by us to you, we may suspend or terminate the Holiday and retain the Deposit.

COMPLIANCE WITH DIRECTIONS

You must follow all reasonable directions from us and Third-Party Suppliers (“Staff”), including but not limited to directions regarding culturally sensitive actions and information, conduct on culturally protected and sacred land and directions conveyed on signage, and comply with all applicable laws (including regulations) at all times during and directly after the Holiday (including but not limited to any COVID-19 mandates, smoking laws and regulations and complying with total fire ban requirements).

In the case of an emergency or serious injury, you must follow all official directions of or authorised by the Staff, security staff and emergency services personnel.

CONDITIONS OF THIRD-PARTY SUPPLIERS

Many of the services which make up your booking are provided by Third-Party Suppliers including but not limited to ground transport, accommodation and meals.  Third-Party Suppliers will have their own terms and conditions (“Third-Party Terms”). You should familiarise yourself with Third-Party Terms. Compliance with any Third Party Terms is your responsibility, and failure to do so might impact your travel experience.  You acknowledge and agree that we are not responsible to you for how third parties choose to implement their terms and conditions.

You acknowledge and agree that while we endeavour to take reasonable steps to engage appropriate Third-Party Suppliers, that we are not responsible for providing those services to you, and we are not responsible for the standard of any such services provided.  Further, to the maximum extent permitted in accordance with applicable laws, we do not make (and expressly disclaim) any warranties as to those third-party services, including as to their fitness for any purpose.

SPECIAL CONDITIONS

If you have any Special Conditions, you are required to inform us in the Booking Form, at the time of booking. It is your responsibility to ensure that your Special Conditions are included and accurate.

If you fail to advise or update us of your Special Conditions, to the extent permitted by applicable laws we are not liable if the service you have booked does not meet your Special Conditions requirements. We will pass on all such requests to Third-Party Suppliers and use reasonable endeavours to have them met, but we do not guarantee that they will be met, and we will have no liability to you if they are not.

If your circumstances change and you are subject to any Special Condition, you must advise us as soon as possible. In the case that you are unable to partake on the Holiday, you will be subject to the Cancellation terms stipulated below.

INSURANCE

We strongly recommend that immediately after booking your Holiday, you arrange your own insurance. It is your responsibility to take out appropriate travel insurance to cover your travel arrangements and all potential loss or damage (including theft, accident and emergency medical treatment and cancellation) you may suffer.

You acknowledge and agree that failure to comply with this requirement may result in significant losses to you, for which we are not liable and will not reimburse. For the avoidance of doubt, failure to take out the required insurances does not reduce or restrict any statutory rights you may have under applicable laws.

HEALTH AND VACCINATIONS

You should check with your own doctor for your specific circumstances, and you should always refer to any specific requirements imposed by travel providers and locations being visited.  We do not accept any liability for passengers that do not seek this advice.

Please be advised that you may be required to produce proof of Full Vaccination (e.g. by presenting a COVID-19 vaccination digital certificate), or a certificate from your GP with a legally recognised medical exemption to receiving all approved COVID-19 vaccinations. “Full Vaccination” means that you have received at least the minimum recommended doses of a COVID-19 vaccine recognised by the Australian Department of Health as at the date of the Holiday. The collection of your vaccination status will be treated as sensitive information, and will be used by us in connection with preventing and/or managing COVID-19.

We do not accept any responsibility if you cannot travel because you have not complied with any specific mandatory health requirements for your trip.

Additionally, by attending the Holiday, you warrant that:

  1. You will abide by the COVID-19 plans, policies, and procedures set by us and any Third Party Suppliers, and comply with all laws, regulations, and orders in relation to COVID-19 that are in force during the performance of your attendance at the Holiday. This may include wearing a mask and practising physical distancing.
  2. You do not have COVID-19, and are not awaiting test results for COVID-19 or otherwise have reason to suspect that you currently have COVID-19;
  3. You are not a “close contact” as that term is defined by relevant health authorities, or are otherwise required to undertake any mandatory isolation or quarantine programme in connection with COVID-19 at the time of the Holiday;
  4. You are not experiencing any of the following symptoms (Potential COVID-19 Symptoms):
  • a cough
  • fever
  • shortness of breath
  • sore throat
  • sneezing and runny nose
  • muscle or joint pains
  • nausea, diarrhoea, or vomiting
  • temporary loss of smell or taste, altered sense of taste
  • loss of appetite and fatigue
  • any other symptoms associated or linked with COVID-19.

If you cannot make the warranties above, you must not attend the Holiday.

Covid-19 restrictions can change at short notice.

As at the date of your booking you acknowledge and agree that:

  1. To the maximum extent permitted by applicable laws, we will not be accountable to you for COVID-19 disruptions, restrictions or requirements that may affect your booking; and
  2. If your booking is cancelled, postponed or otherwise interrupted due to these types of factors, then unless we are required by law or are otherwise able to obtain supplier credits or refunds for you, you will not be eligible for compensation for:
    – remaining portions of interrupted bookings; and
    – expenses incurred by you due to you testing positive or being a close contact (howsoever defined by the relevant regulatory authority at the relevant time) of a COVID-19 case.

You acknowledge and agree that in the event that any COVID-19 lockdowns or restrictions (COVID Restrictions) are imposed on you whilst you are on the Holiday (including but not limited to quarantine at the Holiday site or transport and quarantine at a third party site), you shall be solely liable for the payment of all hotel quarantine and related costs imposed upon you and we shall have no liability for the payment of such costs as a result of such COVID Restrictions.

Without limiting any rights you may have under applicable laws, you agree that you will not pursue a refund or request your bank to issue a chargeback against us in respect of any of the above circumstances.

CANCELLATION TERMS

Changes by you to your Holiday:

If you wish to change any part of your Booking Form after confirmation, you must inform us as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change.

Where we are unable to assist you and you do not wish to proceed with the Holiday we will treat this as a cancellation by you and will proceed as outlined below at “If you cancel your Holiday” section. If you are prevented from travelling, it is possible to transfer your booking to another suitable person at our sole discretion and subject to additional terms regarding the transfer to be confirmed at the time of request. If you wish to transfer your booking, you must provide a written request via email at least 30 days prior to the date of the Holiday.

If you cancel your Holiday:

If you or any other member of your party decides to cancel a confirmed booking you can communicate your request to us via email (Cancellation Request). A Cancellation Request will incur the following charges:

  1. Prior to 30 March 2023 – refund for the Deposit amount less only any non-refundable costs and expenses incurred by us with Third Party Suppliers with respect to the Holiday; and
  2. After 31 March 2023 – no refund of any portion of the Fee.

FORCE MAJEURE

Except where otherwise expressly stated or otherwise required by applicable laws, we will not be liable for or pay to you compensation for a failure to perform, or delay in performing, an obligation if the relevant obligation is affected or prevented as a result of any act of God, which we or the Third-Party Supplier could not, even with all due care, foresee or avoid (“Force Majeure Event”), provided that:

  1. We or the Third-Party Supplier took all reasonable precautions against the Force Majeure Event and used all reasonable commercial endeavours to mitigate the consequences of the Force Majeure Event (but this does not require the relevant party to settle a labour dispute if, in the party’s opinion, that is not in its best interests); and
  2. We or the Third-Party Supplier gave you notice of the cause as soon as practicable after becoming aware of the Force Majeure Event.

“Force Majeure Event” includes, but is not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, insurrection, civil commotion, act of public enemy, blockade, revolution, the act of any government or other national or local authority including port or river authorities, embargo, unavailability of any essential equipment or materials, unavoidable accident, lack of transportation, industrial dispute, strike, lockout, other industrial disturbance or labour difficulty, lock closure, an act of God, natural or nuclear disaster, fire, lightning, storm, flood, earthquake, explosion, pandemics and epidemics (including dispositions or orders of governmental authority (including, without limitation, as a result of novel coronavirus (COVID-19), which prevents a trip to commence, continue or be completed), chemical or biological disaster and all similar events outside our control.

If your Holiday is cancelled or is not able to be attended due to a Force Majeure Event (as defined above), we will offer you a choice of either:

  • a revised Holiday date; or
  • a refund of the Fee paid by you less any unrecoverable costs (including but not limited to cancellation costs or monies not able to be recovered from Third-Party Suppliers, marketing, production, content, finance and any other costs incurred).

Otherwise, except as set out above, and to the extent permitted by applicable laws, we will not be liable for any loss or damage incurred or suffered by you (including but not limited to) any cost, expense or loss incurred or suffered in connection with the booking or flights associated with the booking.

RELEASE

To the full extent permitted by law, you waive all legal rights of action against and fully release us; Staff; the owners, lessees and controllers of any site and venue attended on this Holiday; and the respective members, directors, officers, employees, volunteers, contractors or agents of the aforementioned (“Released Parties”) from any liability for any loss, damage, personal injury, death, economic loss or consequential loss suffered or incurred howsoever arising out of or in connection with (whether directly or indirectly) (A) the performance or non-performance by us of any part or whole of this Contract (including any liability under contract or tort) or (B) your purchase of the Holiday and/or attendance at the Holiday; including but not limited to (i) damage to your or any other person’s computer or device resulting from purchase of the Holiday; (ii) any variation to the Holiday as stated in this Contract; (iii) your choice to consume any alcoholic beverages or participate in any activities at the Holiday; (iv) any other loss or damage caused by the negligence or the unforeseeable actions of other patrons; (v) contracting COVID-19 as a result of your attendance at the Holiday.

INDEMNITY

You agree to indemnify the Released Parties against any loss or damage any of them may suffer as a result of your wilful, negligent or reckless acts or omissions at the Holiday or as a result of your breach of this Contract.

LIABILITY

To the extent permitted by law (including the Australian Consumer Law), the Released Parties will not be liable or responsible for any loss, damage, injury, delays, additional expenses or inconvenience suffered or incurred by you or any person on or directly before or after the Holiday, participating in the Holiday or otherwise in connection with the Holiday whether caused by the negligence of us or any of the Released Parties and whether arising in tort, contract, bailment or otherwise. Where liability cannot be excluded or modified by law, including pursuant to the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“Australian Consumer Law”), we limits its liability in respect of breach of any statutory guarantee under the Australian Consumer Law in the manner set out in section 64A(2)(b) of the Australian Consumer Law.

VOLUNTARY ASSUMPTION OF RISK

You understand that your attendance at the Holiday may carry with it certain dangers, including the risk of injury (including but limited to any personal injury or illness, or loss related to or caused by COVID-19) and damage to you and your property. By attending the Holiday and entering any sites and venues on the Holiday, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Holiday.

LAW AND JURISDICTION

These terms of business are governed by the laws of the state of Queensland, Australia.  If any dispute arises between you and us, the laws of Queensland, Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia, and waive any right that you may have to object to an action being brought in those courts.

CONTACT US

If you have questions about this Contract or any part of the Booking Form, or a booking you have with us, you can contact us at rox@troycassardaley.com.au.

These Terms and Conditions are current as at: 7 November 2022.