Check-in to China Program 2016 Terms & Conditions THE TERMS AND CONDITIONS BELOW CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DESTINATION MELBOURNE LIMITED WHEN IT FACILITATES THE MAKING OF BOOKINGS FOR THE CHECK-IN TO CHINA PROGRAM ON YOUR BEHALF FOR ACTIVITIES, EVENTS, ACCOMMODATION, TRAVEL AND/OR OTHER SERVICES AND PRODUCTS. I, (Print Name & Organisation) acknowledge my acceptance of the Terms and Conditions of this Agreement. Signature: TERMS AND CONDITIONS 1. Definitions in this Agreement Agreement means these terms and conditions pursuant to which Destination Melbourne facilitates the making of bookings on your behalf for your Check-in To China Program Check-in to China Program wherever referred to are the program of activities, events, accommodation, travel and other services that operate from 27 July 31 December 2016 including: Ten hours of flexible Chinese Language classes, Chinese name and business card translation for each participant, Introduction to China workshop, Seven night, eight day Checkin to China Study Trip, China visa invitation letter, Check-in to Melbourne workshop, Check-in to China one to one mentoring (2 hours), Check-in to China e-newsletter (3 editions). Check-in to China Study Trip wherever referred is the program of activities, accommodation and travel undertaken in China from the 23 rd October 31 st October 2016. Conditions and Terms and Conditions means these terms and conditions applying to the participation of each Participant in the Check-in to China Program and included with that program is the Check-in to China Study Trip set down for 23rd-30th October 2016. Contract means any agreement for the arrangement of services for Check-in to China Program Services and Products by Destination Melbourne to the Participant; Participant means a person, acquiring the arrangements for the Check-in to China Program from Destination Melbourne. 1
Departure Date means the date scheduled for the Participant to commence the Check-in to China Study Trip commencing on the 23 rd October 2016 in Shanghai and concluding 30th October 2016 in Beijing. GST has the definition given in A New Tax System (Goods and Services Tax) Act 1999 ( Act ) or any amending legislation, and includes any similar value-added or consumption tax. Products means individual components of the Check-in to China Program including but not limited to: Ten hours of flexible Chinese Language classes, Chinese name and business card translation for each participant, Introduction to China workshop, Seven night, eight day Checkin to China Study Trip, China visa invitation letter, Check-in to Melbourne workshop, Check-in to China one to one mentoring (2 hours), Check-in to China e-newsletter (3 editions). Suppliers means the third parties that are responsible for providing the individual Products. Tax Invoice means a tax invoice which complies with the definition contained in section 29 70 of the Act or any amending legislation. 2. Basis of Contract 2.1 These Conditions apply to the Check-in to China Program with the Participant and cannot be varied or supplemented by any other condition unless expressly accepted in writing by Destination Melbourne. 2.2 Acceptance: Payment of the total price for the Check-in to China Program is the Participant s acceptance of these Terms and Conditions. 2.3 Should any of the components of the Destination Melbourne Products require variations as to certain deliverables as part of the Check-in to China Program or any applicable cancellation charges, these variations will be communicated during the quoting and booking process. 2.4: Inclusions forming part of the Check-in to China Program is the Check-in to China Study Trip to China which includes: services of an expert Chinese speaking tour escort for the 8 days, local guides for tourism cultural experiences as listed in your itinerary, 7 nights accommodation in single occupancy, meals as stipulated in the itinerary, airport transfers and coach travel as specified in the itinerary including tickets and entrance fees as specified. 2.5: Exclusions Not included as part of the Check-in to China Study Trip to China are the costs of your international airfares to and from mainland China, your Chinese visa, your passport, your travel insurance, your phone calls made in China, your meals not listed as included in the itinerary, any pre/post accommodation and services in addition to the stipulated inclusions during the duration of the study trip from 23-30 October 2016, or other destination personal expenditure including drinks, laundry, room services, meals and gratuities, unless expressly included. 3. Booking the Check-in to China Program 3.1 Full payment for the Check-in to China Program is required at time of booking and prices quoted include GST. 4. Price Policy 4.1 Check-in to China Program is priced per person sole occupancy in Australian Dollars unless otherwise specified. Check-in to China Program price is quoted for the entire package 2
and itemised component costs cannot be given. The price is based on the Products being booked as a group with minimum number of 10 participants required, and as such the Participant is required to travel as part of the group. 4.2 Surcharges The price of the Check-in to China Program is subject to the possibility of surcharges. Surcharges may be incurred (without limitation) in connection with: currency exchange rates, increases in Product prices, fuel levies, hotel and ground transportation charges, entrance fees and any other increases. 4.3 Where there is any change in the costs incurred by Destination Melbourne in providing the Products, Destination Melbourne may vary its price to account for such change by notifying the Participant. 4.4 Products not Utilised No refunds are made in respect of Products not utilised, for example, language classes, accommodation or meals. 5. Payment 5.1 Participants must make full payment for the Check-in to China Program by 27 July 2016 unless otherwise authorised arrangements are made in writing by Destination Melbourne. 6. Amendments 6.1 Destination Melbourne reserves the right to modify the Check-in to China Program: this may include but is not limited to the arranged sightseeing, accommodations or transfers, at any time due to unforeseen circumstances or circumstances beyond Destination Melbourne s control or those of its suppliers. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued. 7. Cancellations by the Participant in regards to Check-in to China Program 7.1 The Participant must give Destination Melbourne notice if they intend to cancel any component of the Check-in to China Program 7.2 Charges The following charges are payable by the Participant in accordance with the number of days prior to the commencement of the Check-in to China Study Trip to China set down for 23-30 October 2016, following notice being received in writing by Destination Melbourne of cancellation: 80 days or more prior to Check-in to China Study Trip commencement date: 30% cancellation fees will be incurred between, and including, 79 and 61 days prior to Check-in to China Study Trip commencement date: 50% cancellation fees will be incurred 60 days or less prior to Check-in to China Study Trip commencement date: 100% cancellation fees will be incurred 8. Cancellations by Destination Melbourne 8.1 Destination Melbourne may treat a booking as cancelled and levy cancellation charges if the Participant does not pay the full payment for the Check-in to China Program and provide necessary evidence of travel insurance and visa 30 days prior to the Departure Date. 3
8.2 Force Majeure Destination Melbourne may, at its sole option or after directions received from its suppliers of the Products, cancel the scheduled Check-in to China Program at any time prior to and during the Check-in to Program where circumstances outside of its control affect the provision of the Products (such as flood, fire, act of God, war or threat of war, sanctions, physical unrest, riots, civil disturbances, terrorist activities (threatened or actual), strikes, port or airport closure, technical problems with transport, alteration or cancellation of scheduled travel services). At Destination Melbourne s sole and absolute discretion it may offer the Participant a prompt proportional refund of monies paid by the Participant as part of its Check-in to China Program (taking into account the extent of the services and Product that have been arranged). 9. Obligations and Liability 9.1 Booking Agent Save and except for negligent acts of its staff, Destination Melbourne does not accept any liability for any injury, loss, damage, accident, delay or irregularity that may arise to any Participant resulting from the Participant s use of the Products. Destination Melbourne makes reasonable enquiries to determine the suitability of suppliers who provide appropriate Products, but Destination Melbourne is not responsible for those suppliers, their contribution to the Products or their standards and conduct in providing components for the Check-in to China Program arrangements. 9.2 Except as to the Conditions specifically stated herein, this Agreement does not include by implication any other term, condition or warranty in respect of the quality, fitness for purpose, condition, description, specification or performance of the Check-in to China Program arrangements or any contractual remedy for their failure. 9.4 Loss Destination Melbourne is not liable for and accepts no responsibility for any direct or indirect loss, pain and suffering, damage, injury, accident delay or irregularity occasioned to the Participant, other than to the extent the loss was as a consequence of a proven negligent act of the staff of Destination Melbourne. 9.5 Nothing in the Conditions is to be interpreted as excluding, restricting or modifying the application of any relevant State or Federal legislation which cannot be excluded, restricted or modified. 9.6 Visa Requirements It is the Participant s responsibility to ensure that they hold valid passports, visas and permits which meet the immigration and governmental requirements of the country of travel. 9.7 Medical Conditions The Participant must notify Destination Melbourne of any pre-existing medical conditions that might reasonably be expected to impact upon their capability to undertake the Check-in to China Program. 9.8 Health Issues It is the Participant s responsibility to obtain any vaccinations or health precautions applicable to the country of travel. 9.9 Destination Melbourne insists that the Participant insure themselves against loss of deposit, cancellation charges, medical expenses and loss of personal possessions, and any other foreseeable loss or expense. 9.10 The Participant acknowledges and accepts that different places, countries, facilities and tour operators may have lower standards of safety, labelling, warnings and precautions. The Participant is responsible for maintaining personal diligence and safety notwithstanding the 4
level of standards. Destination Melbourne is not liable for any loss, damage, injury or death that could be avoided if the Australian standards were to apply. 10. Notice 10.1 A notice by the Participant must be in writing, and may be delivered by hand, sent by prepaid mail, sent by facsimile or sent by electronic means such as e-mail to the address or number specified. 10.2 A notice is treated as given to Destination Melbourne, when: a) if hand delivered, when delivered b) if sent by prepaid mail, when received or within 48 hours after posting, whichever is the sooner c) if sent by email, on confirmation of successful transmission. 11. Governing Law 11.1 These Conditions are governed by and are to be construed in accordance with the laws of the State of Victoria and Australia. 11.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts and Tribunal of Victoria and Courts entitled to hear appeals from those Courts and Tribunals. 12. Privacy Information 12.1 Any personal information that Destination Melbourne obtains from the Participant, or about the Participant from its representative, is necessary for Destination Melbourne s business purposes or providing the Participant with Destination Melbourne s Check-in to China Program and may be used in answering any queries the Participant may have regarding the delivery of Destination Melbourne s Products and related purposes. 12.2 Destination Melbourne s Privacy Policy details why Destination Melbourne collects this personal information, who Destination Melbourne may disclose it to (including whether Destination Melbourne is likely to disclose it to overseas recipients), and the main consequences (if any) if Destination Melbourne does not collect the personal information of the Participant. Destination Melbourne will not disclose any personal information to any other party without the consent of the Participant except to the suppliers or adviser of Destination Melbourne or where Destination Melbourne is otherwise required by law to do so. 12.3 Destination Melbourne s Privacy Policy is available: https://destination.melbourne/privacy-policy or by request via email at info@destination.melbourne 13. Miscellaneous 13.1 Destination Melbourne s failure to enforce any of these Conditions shall not be construed as a waiver of any of the Destination Melbourne rights. 13.2 If any Condition is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from the Conditions without affecting the enforceability of the remaining conditions. 5