Terms & Conditions

Booking your trip and payment details

1. To make a booking please follow the procedure shown on our registration website.

Your booking/contract is not confirmed until you have completed the registration form (if booking for more than one person you will be asked for the details of the second person), have provided your credit card information and have received confirmation from us. Electronic acknowledgement of your booking is not a confirmation of it. When you receive your confirmation, please check it carefully and then contact us immediately if any information appears to be incorrect or incomplete.

2. Inclusions: The trip includes the cost of planning, the organisation and carrying out of the trip, including group equipment, supplies, accommodation, catering and tours as outlined, administration and staff, except for the following, for which the you must be responsible: travel insurance, cost of travel to and from the start / return point of your trip including your flights and transfers, personal equipment and personal expenses while on the trip and any other expenses specifically excluded on the trip description and/or registration.

We reserve the right to make changes to and correct errors in quoted inclusions at any time before your trip is confirmed. We will advise you of any error of which we are aware at the time of booking.

3. Special requests: Please advise us of any special requests prior to making your booking. We will endeavour to meet or arrange your request but please refrain from booking until we confirm this can be accommodated. We will contact you via email with the outcome. For special requests please email [email protected]

 

4. See clause 6

4. Health: Please confirm at the time of booking that you are in good health, physically capable of undertaking all aspects of the trip, and unaware of any reason why you may be unsuited to taking part or may be likely to suffer illness or injury during the trip, taking into account its challenges and purposes. If you are unable to give for this confirmation for any reason or have any medical condition or disability which may affect your trip, you must contact us before you submit your registration so that we can assist you in considering the suitability of the trip for you. Is this a question on the registration form?

If any information given in the registration is shown to be materially incorrect or incomplete, we reserve the right to cancel your booking or terminate your participation in the trip, depending on when we become aware of the true position. In this situation, cancellation charges as set out in Clause 5 will apply and we will not be responsible for any costs or expenses incurred as a result.

5. Cancellations and Changes: must be notified to us by letter or email, by the person that completed the registration form, as soon as possible. Your notice of cancellation will only be effective when it is received in writing by us and we acknowledge receipt of this.

When registering you will have provided credit card details; you will only receive charges to the card if you cancel / make changes as follows:

 

• Cancellation before 29 June 2021 – no charge
• Cancellation on or after 30 June 2021 – charge of $250 cancellation fee per ticket
• No show – charge of $250 cancellation fee per ticket
• Cancellation due to incorrect information provided by you – charge of $250 cancellation fee per

         ticket (refer to Clause 4)

• Name changes – You may transfer your place to someone else (introduced by you, or before 10 August 2021 with no administrative fee (after the 11 August there will be a $50 administrative fee), subject to practicality of changing arrangements e.g., accommodation. All costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result must be paid before the transfer can be affected
• Part changes to your confirmed tripcan be considered depending on practicalities and

availabilities, but there might be a cost associated with these changes

• If, for any reason, the credit card details have not been provided and registration is not

complete by the 30 June 2021, we reserve the right to treat the booking as cancelled by you

COVID-19 Cancellation Policy: Where registered attendees are unable to travel to the event due to state COVID-19 lockdowns or border closures, the cancellation fee will not apply.

Changes to the Itinerary: The itinerary is a guide to which we will attempt to adhere, but it may be necessary to alter this at short notice as a result of circumstances or events outside our control such as adverse weather or road conditions or any of those amounting to ‘force majeure’, or due to the operating conditions imposed by owners and operators of accommodation, facilities and transport. Your itinerary will, however, be the same in content as far as is reasonably possible, unless circumstances beyond our control make this impossible.

Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before the start of the event which we can reasonably be expected to have a major effect on your trip. If we have to make a significant change we will tell you as soon as possible. We reserve the right to make these changes.

 

Cancellation of Tour Prior to Commencement: Please note, our trip may require a minimum number of participants to enable us to operate. If the minimum number of bookings required for the trip has not been received, we are entitled to cancel it. We will notify you of cancellation for this reason no less than 28 days prior to departure and the cancellation fee will not be taken.

Cancellation of Tour Close to or after Departure: Very rarely, we may be forced by “force majeure” (refer below) to change or terminate your trip just before or after departure but before the scheduled end of your time away. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, significant risks to human health such as the outbreak of serious disease at the travel destination, adverse weather conditions, fire and all similar events outside our control. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”.

6. Travel Insurance: We strongly recommend you have appropriate travel insurance to cover your personal belongings, health, against cancellation, adventurous activities (including boating) etc. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses including self-employed loss of earnings.

7. Travel Advice: The Australian Government offers travel advice relating to COVID-19. It is suggested that attendees adhere to advice given at https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert/coronavirus-covid-19-restrictions/coronavirus-covid-19-domestic-travel-restrictions-and-remote-area-access

8. Travel and health documents You must ensure you are in possession of all necessary documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport due to failure on your part to carry all required documentation. 

9. Health requirements: It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP or Government websites. Health requirements and recommendations may change and you must check the up-to-date position in good time before departure.

10. Liability: We promise to make sure that the trip arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept any failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted trip arrangements.

Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

We will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:

• your act(s) and/or omission(s); or
• the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable; or
• ‘force majeure’ as defined above

We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services which any supplier (including any of the regional companies – see below) agrees to provide or arrange for you where we have not agreed to provide or arrange these services as part of our contract. Such additional services will include any activities which do not form part of your trip arrangements which a supplier agrees to provide or arrange for you while you are away.

In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. Many of your trip arrangements are provided by regional companies. These regional companies have been contracted by us to perform duties during the event, but they are separate legal entities and are not subsidiaries of or otherwise legally connected with us other than as suppliers of services included in your trip. They operate entirely independently of Hayward Pool Products and have their own terms and conditions.

The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable participant to refuse to take the trip in question.

11. Delays, behaviour, damage and complaints

Delay: We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Depending on the circumstances. Please remember that it is your responsibility to ensure you arrive at the event location, all costs associated with this are therefore your sole responsibility.

Conditions of suppliers: Suppliers, including transport operators, provide their services in accordance with their own terms and conditions. These terms may limit or exclude their liability to you in the event of death, personal injury, delay or loss / damage of personal possessions.

 

Decisions of Hayward Pool Products Australia, behaviour and damage: While the trip is in progress, all decisions are made by Hayward Pool Products Australia or staff employed by our suppliers and you must act in accordance with all reasonable instructions you are given. The team leader, trip guide or other member of our staff or staff employed by our suppliers may withdraw you from the trip at any time if they are of the reasonable opinion that your continued presence is prejudicing or is likely to prejudice the good order, discipline, safety or successful operation of the trip or the safety or wellbeing of any individual participant(s) or other third party or if you break any law or regulation of any country where the trip takes place.

We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to our staff or to any third party or damage to property, we are entitled, without prior notice, to terminate your trip.

We or staff employed by Hayward Pool Products Australia are entitled to withdraw you from a trip in the above circumstances where the information provided on your application form or medical questionnaire proves to be materially inaccurate or incomplete. Where you are withdrawn, you will be required to leave the trip immediately and we will have no further responsibility towards you. No refunds will be made and we will not pay any expenses or costs incurred as a result of the withdrawal. You will in addition have to indemnify us against any loss or expense that may be incurred as a result of your actions.

 You accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

Complaints. In the unlikely event that you have any reason to complain or experience any problems with your trip whilst away, you must immediately inform your trip guide or our team and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our trip guide / local agent and the supplier as soon as possible. If any complaint or problem is not resolved to your satisfaction by the trip guide, local agent or supplier, you must contact us at the Hayward Pool Products Australia Melbourne office, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 14 days of the end of your trip giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.

 

12. Contract law and financial security

Your contract: We both agree that Australian law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) which arises between us must be dealt with by the courts Australia.

Our website: The information contained in our registration website and in our other advertising material is believed correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen trip with us at the time of booking.