Terms and conditions of Rotary of Crawley Incorporated’s BlueSky project
We are Rotary of Crawley Incorporated, a company registered in Western Australia, ABN 69 342 367 031.
Our address is 31A MIDGLEY ST, LATHLAIN WA AU 6100
These terms and conditions are your contract with us for provision of any Holiday Services you book with us.
In this document, "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.
These are the agreed terms
"Holiday" - means any adventure/holiday/event/activity, including all transportation, constituted in the services we offer.
"Holiday Services" - means our service in providing a Holiday.
“BlueSky” - means the name of the project which the Rotary Club of Crawley Incorporated operates it’s Holiday Services.
2. The contract between us
2.1. BlueSky Holiday Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.
2.2. The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Holiday we describe on our website.
2.3. If we are unable to accept your booking, we will of course return your payment to you immediately.
2.4. When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Competition and Consumer Act 2010..
2.5. For you to make a booking, we require complete payment and a completed booking form, as provided on our website. Our confirmation invoice will be sent to you by email. We may decline your booking for any reason and we do not have to give you the reason. If that happens we will return your money to you immediately and in any event within 14 days.
3. Your authority to book for others
3.1. If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
3.2. It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.
3.3. As lead member of your party, we will deal only with you in our correspondence.
4. What is included in the price of a BlueSky Holiday?
4.1. travel from the meeting point to your return to the departure point (which is likely to be the same place);
4.2. accommodation and breakfast (unless otherwise stated);
4.3. refreshments prior to initial departure and during flights unless services are restricted at the direction of the flight crew;
4.4. Airport transfers from Kalgoorlie Airport to the selected hotel and return;
5. What is NOT included?
5.1. all other costs incurred before you board transport at the meeting point and after you return to the departure point;
5.2. all other costs incurred during the holiday outside the costs already paid on our website prior to departure;
5.3. travel insurance or any other insurance personal to you;
5.4. vaccinations and medication, before, during and after the Holiday;
5.5. food and drink over and above what we include in the Holiday;
5.6. gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
6. Holiday prices
6.1. When you make your booking, we shall ask you for full payment 100% of the total cost. Payments are non-refundable, except as mentioned below.
6.2. We shall not change the price of your booking once we have accepted your booking.
7. Special requests
Any special requests relating to your travel arrangements must be sent to us at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we are able to confirm a special request, we will do so by confirmation in writing to you at least 2 weeks before your departure date.
8. Minimum participants required for the Holiday
8.1. A minimum number of participants are required in order for the Holiday to go ahead. Therefore we have a right to cancel any Holiday for which there are insufficient reservations.
8.2. In the event of any such cancellation, payments made specifically to BlueSky will be refunded in full.
8.3. We reserve the right to cancel any Holiday, for which there are not enough bookings, not less than four weeks prior to the departure date. In the event of our cancellation, your payment will be refunded in full.
8.4. You agree that all these provisions are reasonable.
9. Changing your booking
We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements cannot be changed once a reservation has been made.
10. Transferring your booking
If you would like to transfer your booking from one person to another, the following terms apply:
10.1. The transferee must satisfy any special conditions or qualifications applicable to the Holiday.
10.2. You must inform us about your intention to transfer your booking to the transferee at least sevendays before the departure date in writing or through email.
10.3. You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.
10.4. Our administration charge for a transfer made within 10 days before departure the administration charge is $75.
10.5. We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Holiday Service which you do not use.
11. Cancellation by you
11.1. There are no refunds if you or a member of your party wish to cancel your booking. Bookings may only be transferred as outlined in Section 10.
11.2. In extortionary circumstances giving rise to cancellation, we will consider refunding the money you have paid. But whether we do so is in our discretion, for which we do not have to give a reason.
Note: we strongly recommend that you take out holiday insurance which covers the cost of cancellation.
12. If we cancel your Holiday or make changes
Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Holiday. If that happens the following terms apply:
12.1. We will always inform you as soon as possible about any change. If that happens you may:
12.1.1 accept the change; or
12.1.2 accept our offer of alternative travel arrangements of a comparable standard; or
12.1.3 cancel your booking, whereupon we will give you a full refund of all money paid.
12.2. We will not compensate you for minor changes outside our control. Examples are changes to flight times, aircraft type or different service providers.
12.3. Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.
13. If you have a complaint
Your point of contact during the Holiday will be:
Rotary Club of Crawley
1105/21 Bow River Crescent
Burswood, Western Australia, 6100
If you have a problem during your Holiday it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem - for your benefit and ours. If that happens, you may lose your right to compensation.
If you feel our representative has not resolved to your problem please write to us within 14 days of your return giving us full details of your Holiday and concise details of the complaint and any subsequent history.
14. Limitations on our liability
14.1. We want you to enjoy a perfect holiday with BlueSky. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.
14.2. If we fail to provide the Holiday set out on our website or in our brochure and to which these terms apply, we will pay you appropriate compensation. We are not liable if any failure is due to:
14.2.1 your own carelessness or negligence in any aspect of your behaviour whilst on Holiday;
14.2.2 medical emergencies;
14.2.3 laws, culture and standards of service and behaviour in any locations we may visit;
14.2.4 changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;
14.2.5 some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;
14.2.6 any other unusual and unforeseeable circumstances beyond our control;
14.2.7 a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented;
14.3. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.
14.4. The services and features included in your booking are those specified in our website. If you choose to buy other goods or services during your Holiday, those are not part of our service, even if our representative helps you to buy or arrange them. Accordingly we are not liable to you for any happening in connection with that service or goods.
15. Help we need from you
Your information pack will provide details about your chosen Holiday, but the following are contractual matters:
15.1. To satisfy the majority of our clients, we apply "no smoking" rules in the same way that they are applied by law in Australia.
15.2. If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Holiday.
15.3. If at any time, it is our opinion (given by any of our volunteers or representative) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other member, we may exclude you from the programme for the remainder of the Holiday. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers.
16. Terms and conditions of third party providers
Many of the services we provide, including options which may occur from time to time during your Holiday, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.
Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.
17. Miscellaneous matters
17.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
17.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
17.4. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
17.5. For the purposes of the Privacy Act 1988 each party consents to the processing of his personal information (in manual, electronic or any other form) relevant to this agreement, by the other and/or any agent or third party nominated by that other.
17.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
17.7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
17.8. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
17.9. The validity, construction and performance of this agreement shall be governed by the laws of State of Western Australia and the parties agree that any dispute arising from it shall be litigated only in that State.