Booking Terms & Conditions

1. Who we are

1.1 Australian Surf Bus is a business (the Business) traded by Australian Surf Bus Pty Ltd ACN 672 157 916 (the Company, we, us and our). The Business offers guided tours, accommodation and surf lessons in partnership with various surf schools, accommodation providers and affiliates in Australia.

1.2 To contact us please email hello@australiansurfbus.com.au, telephone us on (+61) 0450 530 196 or write to us at 12 Pavilion Court, Mudjimba, Queensland.

2. Binding Terms and Conditions
2.1 These terms and conditions (Terms) apply to your use of our website or the supply of Services by us to you (Contract). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.
2.2 These Terms form part of your Booking and are legally binding on all individuals included in the Booking.
2.3 Please take the time to read our Terms and familiarise yourself with them, as they apply to the use of our website and our Services. If your Booking includes one or more individuals, you are required to convey and present these Terms to all individuals included in your Booking so that they may also note and understand our Services and these Terms.
2.4 If you have completed the Booking on behalf of one or more individuals, you warrant that the information provided on behalf of those individuals is true and correct, and that you are authorised to provide us with such information. In exchange, you acknowledge and authorise us to use such information for the purposes of facilitating the Tour.
2.5 These Terms constitute the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on (whether verbal or non-verbal) any statement, promise, representation, assurance or warranty (by us, our agents, employees, affiliates, contractors or other third parties) except those expressly set out under these Terms.

3. Booking
3.1 Your Booking of a Tour is confirmed when the following items have been completed:
(a) we have issued the Welcome Pack and initial correspondence setting out the details of the Booking and respective Tour (whether from us or a third-party booking agent);
(b) you have provided us with the information we require to complete your Booking, including completion of any ancillary documentation required to be completed prior to the Tour Date;
(c) you have paid the Tour Fee in accordance with our payment directions; and
(d) we have confirmed (in writing to your nominated email address) your attendance on the Tour Date and that there are no outstanding requirements.
3.2 In making the Booking, you acknowledge that our Services, details of the Tour, inclusions, extras and other features of any given Tour may vary from time to time without prior notice to you. Any descriptions or illustrations on the website are published for the sole purpose of giving an approximate idea of the Services and we reserve the right to vary the Services in accordance with these Terms.
3.3 Please note that your payment of the Tour Fee does not mean the Booking is accepted by us. Our acceptance of the Booking will take place only when we confirm our acceptance to you in writing (under clause 3.1(d)). You are bound by the Terms in accordance with clause 2, however if we are unable to accept an individual whom has been included in your Booking, we (in our sole and absolute discretion) will inform you of our rejection and remove the individual(s) from the Booking.

4. Payment Policy
4.1 The respective Tour Fee is as published on the website [https://www.australiansurfbus.com/] which may vary from time to time at our sole discretion. In the case of a dispute as to the respective Tour Fee, the fee published on the website (at the time of making the Booking) shall prevail to the extent of any inconsistency.
4.2 All fees published on the website are exclusive of GST.
4.3 Upon your payment of the Tour Fee (unless you pay by direct internet banking), you will be redirected to a third party payment platform (e.g RezdyPay, Stripe, PayPal or any platform connected with a third party booking agent) (“Third Party Payment Terms”). You will thereby be bound by the billing and Third Party Payment Terms of such platform which are separate to these Terms.
4.4 Any other method of payment of a Tour Fee (or the Extras) must otherwise be acceptable to us.
4.5 The Tour Fee includes the Services and features as described on the website or otherwise as notified by us. In addition to the inclusions of a respective Tour, there may be (including but not limited to) various activities, accommodation, meal and dietary options available to you (“the Extras”). These Extras do not form part of the Tour Fee. If you wish to upgrade your Booking by purchasing any of the Extras you must notify us by email or by phone prior to the Tour Date (and otherwise in accordance with our directions) so that we can promptly organise these Extras for you. If we fail to organise the requested Extras, we bear no liability whatsoever.
4.6 Purchasing the Extras is strictly dependent on availability and other factors which may be beyond our control, and shall be the cost as determined by us (with consideration to the fees of the third party provider, if applicable).

5. Cancellation & Refund Policy
5.1 We reserve the right (in our sole and absolute discretion) to cancel any scheduled or advertised Tour at any time due to Lack of Participation (under clause 6.1(i)), severe weather or natural disaster, Force Majeure events, guidelines, regulations or directions prescribed by a State or Commonwealth government, agency or authority which may impact the operation of a Tour, cancellation of any third-party providers associated with the Tour, any act, event or circumstance which may void our policy of insurance or any other ground which, acting reasonably, either:
(a) advances your best interests; and/or
(b) would not make the Tour feasible or operational.
5.2 We will notify you should a Tour be cancelled pursuant to the circumstances under clause 5.1, in which case you will be entitled to elect one of the following options:
(a) re-book the Tour on an alternative Tour Date (subject to the respective Tour(s) being available, capacity and these Terms);
(b) apply the Tour Fee as a credit or gift voucher towards a future Tour to be used by you or another party (subject to the respective Tour(s) being available, capacity and these Terms);
(c) request the Tour Fee be refunded, less the Administrative Fee.
5.3 Subject to clause 5.4, the following terms apply if you (or any individual included in the Booking) cancel the Booking following payment of the Tour Fee:
(a) if you notify us in writing of your request to cancel your Booking at least 30 days prior to the Tour Date, you will receive a full refund of the respective Tour Fee, less the Administrative Fee;
(b) if you notify us in writing of your request to cancel your Booking between 14 – 30 days prior to the Tour Date, you will receive a 50% refund of the respective Tour Fee, less the Administrative Fee; and
(c) if you notify us in writing of your request to cancel your Booking within 14 days before the Tour Date, you will not be entitled to a refund.
5.4 If you (or an individual included in your Booking) cancel your Booking in circumstances under clause 5.3(b) or 5.3(c) you will only be entitled to a refund of the balance Tour Fee (less the Administration Fee) if we are able to fill (e.g re-sell) your Booking for the respective Tour Date, and such booking is confirmed in accordance with these Terms.
5.5 If you do not arrive at the required destination at the commencement of the Tour (in accordance with the Tour itinerary and our directions), or any destination in accordance with the Tour itinerary, and unless we receive correspondence from you providing details of your delay circumstance or reasons for non-attendance, we reserve the right to retain 100% of the Tour Fee and shall, at our sole and absolute discretion, refund the full Tour Fee or a proportion of the Tour Fee (less the Administrative Fee) to you, however we are not obliged to do so.
5.6 If the Tour has commenced you are unable to participate in the Tour for whatever reason, we reserve the right to retain 100% of the Tour Fee and shall, at our sole and absolute discretion, refund the full Tour Fee or a proportion of the Tour Fee (less the Administrative Fee) to you, however we are not obliged to do so.
5.7 Any refund of the Tour Fee under these Terms constitutes a full and final settlement between you and us and you are not entitled to bring any action, claim, proceeding or demand against Australian Surf Bus Pty Ltd (or any of its authorised agents, employees or contractors whatsoever) for loss or damage suffered by you or individual included in your Booking.

6. Acknowledgements
6.1 You acknowledge and accept that:
(a) the Tour is targeted towards facilitating surf lessons to beginner surfing students and if you are seeking a more advanced surfing experience, the Tour may not be suitable for you;
(b) upon making the Booking, you are not participating in the Tour contrary to medical advice;
(c) upon making the Booking and at the commencement of the Tour, you are, acting reasonably, physically capable of participating in surf lessons and in the Tour, generally;
(d) the Tour includes surfing lessons which are operated by third party surf schools. Accordingly, you are subject to the terms, conditions and policies of such school(s) and the directions of the respective surf instructor(s);
(e) the Tour includes various accommodation options and you will be subject to the terms, conditions, directions and policies of the respective accommodation provider;
(f) the information you have disclosed to us as part of your Booking is true and correct (e.g personal details, medical information, surfing history, dietary requirements, emergency contact details, insurance details) and that we may rely on this information;
(g) to the extent permitted by law, you are responsible for your own health and physical fitness and must not participate in activities which contradict medical advice (including any activities which exacerbate pre-existing medical conditions, ailments or disabilities). You must follow our strict instructions if we (or a surfing instructor) determine (in our sole and absolute discretion) it is not safe or appropriate for you to you participate in activities. You also acknowledge that if you are unsure of your physical adeptness, it is strongly recommended that you seek medical advice prior to a Tour Date;
(h) Tours may operate in remote areas, including council land or national parks. You will be required to comply with any terms of access and use, and otherwise our instructions in this respect; (i) a Tour must have a minimum of 4 members and we reserve the right to cancel the Tour in accordance with clause 5; (j) Tours may include recreational activities with various risks and hazards which may be beyond our reasonable control. You acknowledge and agree that your participation in activities is at your own risk and of your own free will. (Tour activities may include bush walking, swimming, camping, roller blading, skate boarding and travelling in remote and undeveloped locations some distance from hospitals, medical centres or facilities); (k) we reserve the right to terminate your participation in the Tour (including members of your Booking) with immediate effect if, in our sole discretion, your conduct is placing another member or person at risk or is adversely affecting the enjoyment of other members (including members of public), for whatever reason; (l) we reserve the right to terminate your participation in the Tour (including members of your Booking) with immediate effect for non-compliance of rules or directions, unlawful, disorderly or offensive behaviour, misconduct or abusive behaviour, theft, assault, recklessness, or any other ground (acting reasonably);
(m) we cannot guarantee exact arrival and departure times, nor can we guarantee the services provided by third party providers associated with the Tour and that you hold us harmless in this respect; (n) if a minor (under 18 years of age) is participating in a Tour, you confirm (upon submitting the Booking) that you are the parent or guardian with legal responsibility for the participant of a minor age (“the Minor”), and consent and agree to release Australian Surf Bus Pty Ltd of all liability and for the Minor, release and agree to indemnify Australian Surf Bus Pty Ltd for any and all liabilities arising from and incidental to the Minor’s participation in the Tour; (o) you must not to act in a manner which may distress, endanger, offend other members (including members of public), including the Tour staff; (p) if you are unable to complete the Tour, for whatever reason, we will attempt to transport you to an appropriate destination (e.g hostel, bus station or airport), however we are not required to do so; (q) you have read and understood these Terms and acknowledgements and have made appropriate arrangements to comply with these Terms.

6. Your obligations

6.1 It is your responsibility to ensure that: (a) the terms of your Booking and all information disclosed to us is true and complete; (b) you will provide information to us upon our request; (c) you are of able fitness should you wish to participate in the activities (and not otherwise participating contrary to medical advice);
(d) any plans or arrangements outside the Tour dates consider the Tour itinerary and that you arrange suitable transport, connections and other arrangements for your onward journey;
(e) you follow our written and verbal instructions, including those of third-party providers, throughout the Tour;
(f) you cooperate with us in relation to our Services;
(g) you obtain any required visa(s), permissions, authorisations and consents which may be required for you to participate on the Tour;
(h) you maintain all of our equipment, materials, vehicle(s) and property (“our Materials”) in a good condition, and not dispose of or use our Materials other than in accordance with our written instructions or authorisation;
(i) you comply with all applicable laws, including health and safety laws; (j) all costs associated with the Tour, including any additional fees and charges, including consequential or unanticipated losses or expenses are payable by you;
(k) take out a suitable policy of insurance that includes cover (including but not limited to) the key risks of the Tour (including water and surf related activities) and keep current such policy for the duration of the Tour.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract;
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

7. Indemnity
7.1 You agree to fully indemnify us, our affiliates, employees, agents, contractors, contributors, third party providers and licensors (Indemnified Persons) and hold the Indemnified Persons harmless from and against all actions, suits, claims, demands, losses (including any direct, indirect, special or consequential losses), liabilities, damage, charges, expenses, interests, penalties and costs (including legal costs calculated on a full indemnity basis) incurred, suffered or arising out of or in connection with:
(a) any breach of your obligations contained in these Terms;
(b) your breach, wilful act or negligent performance or non-performance of these Terms;
(c) the enforcement of the Contract;
(d) any claim made against us for actual or alleged infringement of a third party’s intellectual property rights in relation to your interaction with us or use of our Services;
(e) any claim made against us by a third party arising out of or in connection with the provision of the Services to you;
(f) any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with your use of our Services.
7.2 The indemnities in clause 7.1 apply whether or not you have been negligent or at fault.
7.3 The indemnities in clause 7.1 are continuing obligations of you, independent from your other obligations under these Terms and survive termination or expiry of the Contract, and they are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

8. Waiver
8.1 Notwithstanding the risks associated with Services and your acknowledgements provided herein, you release us (to the maximum extent) from:
(a) all liability associated with any injury or loss sustained during the course of any surfing lesson;
(b) all liability associated with any injury or loss sustained by you while participating in the activities and our Services (to the extent permitted under the Terms and by law);
(c) all liability associated with the losses sustained under clause 11;
(d) any claims made against us by a third party arising out of or in connection with the provision of the Services;
(e) any claim, action or proceeding made against us by a third party for death, personal injury or damage to property arising out of or in connection with our Services.

9. Intellectual property rights
9.1 All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
9.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your subscription (excluding materials provided by you, if any) for the purpose of receiving and using the Services and such deliverables in your business or for your personal use only. You must not assign or otherwise transfer the rights granted in this clause 9.2.
9.3 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
9.4 We may take and use photographs or video footage of our tours, events or other activities organised by us, to be used for our website, social media, commercial or advertising purposes. You (and any member included in your Booking) agree to be photographed or filmed in our video footages. If you (and any member included in your Booking) do not wish your image to be used or included in any of our audio-visual material, please inform us in writing before the Tour Date or the respective activities.

10. Privacy Policy
10.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar services that we provide, but you may stop receiving this information at any time by contacting us in writing.

11. Limitation of liability
11.1 Nothing in this Contract limits or excludes our liability:
(a) for death or personal injury caused directly as a result of our negligence or willful misconduct or that of our employees, as applicable;
(b) for fraud or fraudulent misrepresentation by us or our employees, as applicable; or
(c) where liability cannot be limited or excluded by applicable law.
11.2 Subject to clause 11.5 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of monies suffered under agreements or contracts entered between you and third parties;
(e) loss of business opportunity;
(f) loss of anticipated savings;
(g) loss of or damage to goodwill;
(h) loss of reputation;
(i) loss of use or corruption of software, data or information.
11.3 Subject to clause 11.6, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the performance or non-performance of services under this Contract, including any breach by us of this Contract however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount of Tour Fee.
11.4 Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.
11.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the services or the payment of the cost of resupply.
11.6 This clause 11 will survive termination of the Contract.

12. Notices
12.1 When we refer to “in writing” in these Terms, this includes email.
12.2 Any notice or other communication given under or regarding these Terms must be in writing and be delivered personally, sent by pre-paid post or email.
12.3 A notice or other communication is deemed to have been received:
(a) if delivered by hand to the nominated address, when delivered to the nominated address;
(b) if sent by pre-paid post, at 9.00 am (addressee’s time) on the second Business Day after the date of posting; or
(c) if sent by email, at the time the email is sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.
12.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

13. Variation
13.1 We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles and without notice to you. These changes will be effective as of the date we post the revised version on our website. It is your responsibility to review these Terms prior to use and periodically throughout your use of our website and services.
13.2 Your continued use of our website and our services, including any interaction between you and us relating to events, membership, social media, newsletters and other products or services provided by us is deemed as acceptance of any modifications and amendment to these Terms.

14. No waiver
14.1 Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
14.2 Words or conduct referred to in clause 14.1 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.

15. Assignment and novation
15.1 We may assign or transfer our rights and obligations under the Contract to another entity.
15.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.3 A breach of clause 15.2 by you entitles us to terminate this Contract.

16. Severability
16.1 If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.

16.2 Clause 16.1 does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms.

17. Relationship of the parties
17.1 The Terms (comprising this Contract)is between you and us. No other person has any rights to enforce any of its terms.

18. Announcements
18.1 No party will make, or permit any person to:
(a) use the other party’s trade marks, service marks, trade names, logos, symbols or brand names, in each case;
without the prior written consent of the other party, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.

19. Dispute Resolution
19.1 A party to this Contract claiming that a dispute has arisen from or in connection with this Contract (Dispute) must not commence court or arbitration proceedings arising from or relating to the Dispute, other than a claim for urgent interlocutory relief, unless that party has attempted to resolve the Dispute in accordance with this Error! Bookmark not defined.19.
19.2 Compliance with this clause is a condition precedent to the right of any party to commence litigation or arbitration arising from, or in connection with, the Dispute.
19.3 A party to this Contract claiming that the Dispute has arisen must give a written notice to the other party to this Contract, specifying the nature of the Dispute (Dispute Notice) together with relevant supporting documents.
19.4 Following service of the Dispute Notice, the parties must meet promptly and within 30 days from the date of service of the Dispute Notice and attempt in good faith to resolve the Dispute.
19.5 If the parties have for any reason been unable to resolve the Dispute within 30 days of service of the Dispute Notice, the parties must attempt to settle it in good faith by mediation administered by the Australian Disputes Centre (ADC), in accordance with ADC Guidelines for Commercial Mediation applicable at the time the matter is referred to the ADC and which are deemed to be incorporated into these Terms. The mediation will be held in Brisbane, Australia.
19.6 If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may request the mediator to terminate the mediation and the mediator must do so.
19.7 This Error! Bookmark not defined.19 survives termination or expiry of these Terms.

20. Governing law and jurisdiction
20.1 These Terms, their subject matter and their formation, are governed by the laws of Queensland, Australia without reference to conflict of law principles.
20.2 Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.
20.3 Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 20.2 on the basis that:
(a) any proceeding arising out of or in connection with these Terms has been brought in an inconvenient forum; or
(b) the courts described in clause 20.2 do not have jurisdiction.

Definitions

Administrative Fee means the sum of $150.00 (which may vary from time to time without notice to you) on account of administrative and handling costs associated with the provision of the Services.

Australian Surf Bus Pty Ltd ACN 672 157 means and includes the company and its employees, agents, authorised agents, contractors, successors and assigns.

Booking means a booking you made via the business website or third party travel agent or via Instagram or Facebook, or by direct liaison with an agent of Australian Surf Bus Pty Ltd in respect of a Tour or other service.

Booking Confirmation means formal written correspondence from an officer or agent of Australian Surf Bus Pty Ltd to you (the party who made the Booking) confirming the Booking has been confirmed.

Force Majeure events means an act of God, peril of the sea, accident of navigation, war (including civil war), sabotage, riot, insurrection, civil commotion, national emergency, martial law, fire (including wildfire), explosion, lightning, flood, tsunami, cyclone, hurricane, tornado or other major weather event, earthquake, landslide, volcanic eruption or other natural catastrophe, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, radiation or radioactive contamination, national strike or other major lack of availability of labour, materials, machinery or equipment beyond the control of the affected party.

Lack of Participation means the minimum number of individuals (being 4) necessary to facilitate any given Tour as nominated at Clause 5 (which may be varied from time to time).

Member means (and includes) all individuals included in your Booking or participating in the Tour.

Services includes the features published on the website in connection with any given Tour, including but not limited to travel (between each destination in the tour itinerary), surf lessons with affiliate surf schools, accommodation, provision for breakfast and dinners and other guided activities as included (or varied) from time to time.

Tour means any given tour conducted by Australian Surf Bus Pty Ltd (as published on the website).

Tour Date means the commencement date of any given Tour conducted by Australian Surf Bus Pty Ltd (as published on the website).

Tour Fee means the fee payable for the respective Tour connected to your Booking, as published on the business website or otherwise as notified by Australian Surf Bus Pty Ltd, from time to time.

Welcome Pack means the welcome letter and initial correspondence issued to you following your payment of the Tour Fee (which includes our request for various information and/or your return of various documentation).

You means the individual who made the Booking with us, including any other member (and/or minor) included in your Booking.