Booking Terms & Conditions
In using this Website, you acknowledge that you have read, understood and agreed to be bound by the following Website Terms and Conditions. If you do not agree to these Website Terms and Conditions, please do not use this Website. These Website Terms and Conditions are to be read in conjunction with our Booking Terms and Conditions and Privacy Policy which can be accessed on our Website.
These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements for your trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.
“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our”,and “Sydney Mardi Gras Packages” means Sportsnet Corporation Pty Ltd.
Updated: 8th November 2024
INFORMATION ABOUT US AND HOW TO CONTACT US
Our registered office is at 425 Smith Street, Fitzroy, Victoria, 3065, Australia. You can contact us by telephoning our customer service team at +61 3 9482 9411 or by writing to us at info@sydneymardigraspackages.com. If we have to contact you, we will do so by telephone, SMS or by writing to you at the email address or postal address you provided to us in your order.
BOOKINGS
A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount, refund or credit.
SERVICES
We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. You also receive the benefit of work we undertake in anticipation of bookings. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.
PRICES & EXCLUSIONS
Unless otherwise stated, prices stated are in Australian Dollars ($AUD) and are current at the time of publication. The most up to date pricing is available on our website. The price includes those services as per the published itinerary.
International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.
If a price is listed in a foreign currency, required payments will be converted and invoiced in United States Dollars ($USD). The exchange rate in effect at the time of deposit, stage payment and/or final payment will be applied.
If a price reduces or is discounted after you have confirmed your booking, this reduced rate will not be applied to your booking. Please note that if you cancel a booking to obtain a discounted rate, cancellation charges will apply in accordance with these Booking Conditions.
PRICE SURCHARGES
We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges.
We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.
DEPOSIT
A 50% deposit per booking is required at the time (unless otherwise stated) of the signing of your booking.
Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
FINAL PAYMENT
Payment in full must be received by the date(s) reflected on your invoice or no less than 90 days before commencement of your trip. Note: some trips may require payment (including full payment) earlier or in additional instalments and this will be advised with the booking confirmation.
For bookings within 90 days of departure, full payment is required upon signing. For late bookings within 30 days of departure, full payment is required at the time of request. You acknowledge that we may not be able to confirm services, in which case we will provide you with a refund.
If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.
Unless otherwise stated, payments are required as follows:
Land component: (excludes flights)- Days from Event: 90+ days | 50% due upon signing | Final Payment due 90 days prior to Event date.
- Days from Event: Within 90 days | Full Payment due upon signing.
- Final Payment due immediately to confirm booking.
CANCELLATIONS BY YOU
You may cancel your booking by giving written notice to us. Cancellation fees and charges will be levied as follows:
- any amounts we have paid or have contractually committed to pay to third parties to deliver your travel arrangements which we cannot reasonably recover or which the third party continues to oblige us to pay (for example payments made or due to airlines or ground operators);
- where we or our related companies directly control any of the services included in your travel arrangements (for example, accommodation, vessels, transportation, guides), a reasonable amount attributable to such services which we reasonably determine we cannot resell or recoup;
- a fee equal to 20% of the booking value to compensate us for work performed and associated overheads up until the time of cancellation (including work performed in connection with your travel arrangements prior to your booking) and our loss of expected profit; and
- a fee which is the greater of $250 and 5% of the booking value to compensate us for processing the cancellation and any associated refund.
Cancellation fees and charges will not exceed payments received by us at the time of cancellation. If after the application of these fees and charges there is a surplus of payments you have made to us, we will refund this to you within a reasonable time.
Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once we have actually recovered the amounts from the third parties. As we will be subject to third party terms and conditions, we make no guarantee that we will be able to make recoveries or that third parties will agree that payments attributable to your booking arrangements are no longer required.
For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.
Please note that Priority Deposits which provide priority access to purchase certain trips are non-refundable in any circumstances.
ILLNESS OR VACCINATION STATUS PREVENTING TRAVEL
If due to any illness, suspected illness or failure to satisfy any required tests (such as a PCR or rapid antigen test in relation to Covid-19) or vaccination requirements:
- an airline or other common carrier refuses you carriage
- a hotel or vessel refuses to accommodate you; or
- we or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
- if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
- if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
We strongly encourage you to purchase travel insurance that adequately responds to cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.
CANCELLATIONS OR RESCHEDULING BY US
In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (the events in (d) being “Government Restrictions”).
Force Majeure - Prior to travelIf:
- in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your travel arrangements cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or
- you give us notice no more than 14 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due to Government Restrictions
then we may:
- reschedule your travel arrangements, but only if you are agreeable to the rescheduled arrangements; or
- cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either:
- issue you with a credit equal to payments received by us for the cancelled travel arrangements, redeemable within 12 months of issue against any travel services offered by us; or
- refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred or payable by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined.
Force Majeure - During travelIf due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recoverable third party costs for cancelled travel arrangements only.
Force Majeure - GeneralWhere a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.
We will not be responsible for any other loss or costs you incur in connection with your booking (for example, airfares, insurance and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.
If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events.
Other cancellationsIf we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal quality if appropriate. Please note this provision does not apply to any curtailment, postponement or cancellation of an Event (see ‘Event amendments & cancellations’ below).
We will not be responsible to you for any other expenses or loss you incur if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
AMENDMENTS BY YOU
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $100 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
AMENDMENTS BY US
Prior to travelDue to the dynamic nature of the travel industry, we may occasionally need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your itinerary or its inclusions that materially detract from the overall characteristics or value of the trip (where we determine it can still proceed), then we will notify you and refund you an amount attributable to the reduction in value determined by us acting reasonably. Please note this provision does not apply to any curtailment, postponement or cancellation of an Event (see ‘Event amendments & cancellations’ below).
During travelYou acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
Event amendments & cancellationsWe will not be responsible or liable whatsoever for the non-appearance of any individual player or participant following you making a booking. The details of the Event shown in any material supplied by us are correct at the time of publication, but it is your responsibility to check that no alterations have been made to the Event prior to making a booking. We will not be liable for any omission by any person not employed directly by us. You acknowledge that we have no control over the Event and we do not have any and cannot accept any liability for the actions or omissions of the organisers or operators of the Event or their servants, agents, or employees.
You acknowledge that the curtailment, postponement or cancellation of an Event will not be considered the cancellation of travel arrangements by us. To the full extent permitted by law, we will not be liable for any direct or consequential loss, damage or expense caused by the curtailment, postponement, or cancellation of an Event. We give no warranties that the Event will take place at the time or place stipulated, or at all. We will not be liable to provide any refund if the Event is curtailed, postponed, or cancelled.
GeneralTo the fullest extent permitted by law: (a) we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications; (b) If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept; and (c) We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.
UNUSED & DENIED SERVICES
No refunds will be made for any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for.
If you are not fully and validly vaccinated against Covid-19 in the destination(s) where services are to be provided, and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment or the costs of alternative arrangements) if you are denied services in these circumstances.
REFUNDABLE BOOKING
If you have purchased refundable terms on your transaction and are unable to attend your booking due to unforeseen circumstances outside of your control, you may be entitled to a refund. This is subject to the terms and conditions of Refund Protect. We have no control over Refund Protect and are not responsible for any outcome they reach.
To apply for a refund please contact Refund Protect.
We take no responsibility for the outcome of any refund claim.
CLIENT NAMES – EXACTLY AS PER PASSPORT
For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
TRAVEL INSURANCE
We strongly encourage that you are adequately insured for the duration of your trip. For some trips (including some group tours) travel insurance is compulsory. We will advise you if this is the case.
We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations and additional expenses. Travel insurance can be booked through us or directly with your preferred travel insurer. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.
We do not hold any policy of insurance to cover Event cancellation. It is your responsibility to purchase a comprehensive travel insurance policy to cover any such cancellations.
We take no responsibility for the outcome of any travel insurance claim.
ACCOMMODATION
Due to the dynamic nature of the travel industry, we may need to substitute hotels, vessels and other forms of accommodation with properties or vessels of a substantially comparable or higher standard. We will endeavour to minimise substitutions. You acknowledge that these substitutions will not be considered a significant change.
Whilst every effort is made to ensure your requested room type is available, we cannot guarantee the actual bedding configuration of the room. Requests are forwarded to accommodation providers and are subject to availability on the day of check in. All additional requests are also subject to availability and cannot be guaranteed by us.
Please note that for some accommodation bookings we wait until 7 days prior to check in to submit guest names. In such a case your accommodation is reserved but your name will not yet be on file with the accommodation provider.
FLIGHTS
All airfares, including cancellation terms, are subject to the terms and conditions of the airfare purchased.
It is your responsibility to contact the airline prior to departure as airlines have the right to reschedule or cancel flights. For significant delays, it is your responsibility to notify the third parties via the contact details provided by us including but not limited to the transfer company, accommodation, tour company and Event organisers as no-shows or significant delays can result in involuntary cancellation.
TICKET CONDITIONS
- Any Ticket purchased and the Ticket holder’s entry to and presence at the Event is subject to these Booking Conditions and subject to any terms, conditions and limitations of liability imposed by the owners or operators of the Event and/or venue for which Tickets are sold.
- Tickets cannot be exchanged after purchase.
- We are not obliged to replace a Ticket under any circumstance, including but not limited to loss or theft. Any Ticket that has been lost, stolen, or misplaced before or during an Event that can be replaced, will incur a fee of $100 per person, per Ticket in addition to any fees imposed by service providers.
- Tickets will not be refunded under circumstances including but not limited to, the non-appearance of any particular person, group or personality whether advertised or not, denial of access to an Event by the Event organiser, any adverse weather conditions or any circumstances beyond the reasonable control of the Event organiser.
- Tickets may not be advertised for resale on the Internet or in any other medium, resold, exchanged for a fee or reward or other valuable consideration or otherwise commercially dealt with. If a Ticket has been dealt with in contravention of this condition, the bearer of the Ticket may be denied admission.
- For many Events, Tickets are sourced under license from the Event organiser and rights holder and may include administration, royalties or distribution fees over and above the face value of the Ticket. This is to enable you early access to the Event and to guarantee those Tickets under license. In some cases, Tickets may be sourced from another supplier.
- In many cases due to postponements of Events or cancellations of Events the Tickets and fees may only be carried across to and valid only for the next scheduled Event.
- Any authorised impression or map of the Event is provided as a guide only to the approximate locations of seating, viewing areas and other conveniences and attractions around the Event and may not be drawn to scale. Natural or other obstructions may impede viewing in some areas and the Ticket holder acknowledges and accepts that no reliance is placed on such impression or map of the Event when purchasing Tickets.
- We bear no responsibility for the location of seating within the Event venue. We will use reasonable endeavours to fulfill any specific requests including seating all clients together however we will not be liable for any failure to meet a specific request.
PROHIBITED ACTIVITIES
Travel packages and group tours including Tickets obtained from us may not be used for advertising or promotional purposes, as competition prizes or trade incentives, nor may they be used in raffles, lotteries or draws whether for commercial or charitable purposes without the prior written authority of us and the Event organiser which may withhold such authority at its sole discretion.
DOCUMENTATION
Within Australia, all Tickets and documentation are sent via courier to your nominated street address approximately 1 to 2 weeks prior to the Event. Courier fees for bookings within Australia are included in all travel package and group tour inclusions. Please note in most circumstances no signature is required and the courier will leave your documents in a safe place should you not be home. You will receive an email or phone call prior to delivery to advise you of the estimated delivery date.
For clients residing outside of Australia, documents will be made available upon arrival at your accommodation or at a designated pick up point. Alternatively, an international courier fee is payable at your cost and can be quoted for documents to be forwarded to your nominated street address.
Documentation may be sent as an e-ticket to your nominated email address. Please ensure that you have access to your e-mail whilst travelling.
It is your responsibility to check all travel documents and request from us any documentation you require for your trip.
Documentation including Tickets will not under any circumstances be issued prior to receipt and bank clearance of final payment.
PASSPORTS & VISAS
It is a requirement that you hold a valid passport and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited.
VACCINATIONS
We strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration. This is so health risks for yourself and others you come into contact with can be mitigated. Subject to the Illness or Vaccination Status Preventing Travel section above, if you choose to travel without being fully vaccinated, then you do so accepting the implicit risks to your health and you agree to provide us with waivers and releases as we may require.
It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
HEALTH & FITNESS
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice.
If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full of refund of payments made. If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you.
We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide.
We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.
MINIMUM NUMBERS
Some trips are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled or re-costed. We will give you notice no later than 45 days prior to the trip’s commencement. If the trip is re-costed, you will have the option to either accept the new cost or to cancel your booking. You must make this election within 14 days of receiving notice from us. If the trip is cancelled or if you cancel your booking in these circumstances, we will at your election refund all payments made or credit payments towards alternative arrangements.
We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of cancellation in these circumstances.
AUTHORITY ON TOUR
When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.
ADMITTANCE INTO EVENTS, TRAVEL AND ACCOMMODATION
We reserve the right to refuse or revoke the admittance (with no refund) to any event described in your booking for any person who, in our or our suppliers’ reasonable opinion, acts in a disorderly or disruptive manner as determined by event officials or our officials and/or to refuse or revoke the use of any other privileges granted in your contract due to such conduct.
You acknowledge that event tickets, credentials, transport, lodging accommodations and activities provided by third party suppliers are supplied subject to your compliance with the terms and conditions of those suppliers. Please contact us if you would like a copy of third party terms and conditions. We will not be liable for any refusal by a third-party supplier to provide any element of the booking to you that results from your failure to comply with any third-party terms other than in circumstances where our actions or omissions have caused you to breach those third party terms.
DIETARY REQUIREMENTS
Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.
ROOM SHARE
In some circumstances, we offer a matching service for solo travellers who are willing to share twin accommodation, saving on single supplements. Only travellers of the same sex will be matched. There are no guarantees that a match will be possible and we do not warrant the suitability or characteristics of any persons we match. Please do not request a room-match if you snore. Please note that a person we match you with is not responsible to provide any assistance to you. If we are unable to find a match, single supplements will apply.
IMAGE RELEASE
When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour.
INDEPENDENT SERVICES
We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation given by us, a guide or local representative is made in good-faith, based on known information, and does not make us responsible for the acts or omissions of the principal operator of the excursion or activity.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that you shall not acquire any proprietary or other rights in or to use Sydney Mardi Gras Pacakges trademarks by virtue of purchasing a package or entering into this contract. Neither you nor any party shall use or display any Sydney Mardi Gras Pacakges trademarks, including, without limitation, using the Sydney Mardi Gras Pacakges trademarks or any reproduction thereof in any promotional materials (including any materials published on the internet) related to this agreement. Under no circumstances shall you be entitled to produce merchandise bearing the Sydney Mardi Gras Pacakges trademarks. Nothing in this section shall limit your ability to purchase officially licensed products bearing the Sydney Mardi Gras Pacakges trademarks.
For the purposes of this agreement, Sydney Mardi Gras Pacakges trademarks means the names, symbols, emblems, designs, and colours of Sydney Mardi Gras Pacakges, and our affiliates, respectively, including, without limitation, the terms Sydney Mardi Gras Pacakges,and Mardi Gras Pacakges, as applicable.
RISK ACCEPTANCE
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or the visiting of destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.
RESPONSIBILITY
Services supplied by independent suppliersWhere a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control could include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), venue and attraction operators and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions.
Services we directly supplyTo the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
Recreational servicesIf we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.
This exclusion does not apply to significant personal injury caused by our reckless conduct.
Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
- (i) involves a significant degree of physical exertion or physical risk; and
- (ii) is undertaken for the purposes of recreation, enjoyment or leisure.
While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.
COMPLAINTS
In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.
If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant). Making a complaint does not guarantee any outcome.
If you fail to follow this procedure, this may limit your rights to make a claim.
DEEMED ACCEPTANCE
If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
GENERAL
The contract between Sportsnet Corporation Pty Ltd trading as Sydney Mardi Gras Packages and you is governed by the laws of the State of Victoria, Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Victoria.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published here.