TERMS AND CONDITIONS – GROUP BOOKINGS
“Third Party Supplier” means independent contractors / suppliers who complete the Arrangements.
“Booking” means the order, purchase, payment, booking or reservation of a Trip
“Force Majeure” means an act of God, peril of the sea, accident of navigation, war (including civil war), sabotage, riot, insurrection, civil commotion, coup d’état, 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, raw materials or energy beyond the control of the affected party. For the avoidance of doubt, the inability of a party to make a profit or avoid a financial loss, changes in market prices or conditions, or a party’s inability to perform its obligations due to insufficiency of finance does not in itself constitute Force Majeure.
1.1 These terms and conditions are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that State.
1.2 The parties must perform their obligations on the dates and times specified by reference to the capital city of New South Wales.
1.3 Reference to an amount of money is a reference to the amount of the lawful currency of the Commonwealth of Australia.
1.4 Obligations under the Terms and Conditions affecting more than one party bind them jointly and each one of them severally.
2. ENTIRE AGREEMENT
2.1 These terms and conditions constitute the entire agreement and understanding between the parties on everything connected with the matter of this document and supersedes any prior understanding, arrangement, representation or agreements between the parties with respect to that subject matter.
3.1 A non-refundable ten per cent (10%) deposit is required upon booking. No booking will be made until the deposit has been paid.
4. FINAL PAYMENT
4.1 The balance of the booking fee is payable no later than eight (8) weeks prior to your departure.
4.2 In the event that the balance of the booking fee is not paid within eight (8) weeks of your departure, then Mad Monday may without notice to you, cancel your booking in which case your deposit and any amounts paid shall be forfeited.
4.3 It is possible to make final payment by direct deposit, cheque or credit card.
4.4 Any refunds for cancellations to the booking or airfare/travel bookings shall be at the sole discretion of Mad Monday. However credits may be issued for use at a later date subject to Mad Monday.
5. METHOD OF PAYMENT
5.1 Payment are made via direct deposit or PayPal
6. TRAVEL DOCUMENTS
6.1 You are responsible for ensuring all names, dates and times on your travel documentation is correct.
7. GROUP BOOKINGS – ORGANISER
7.1 If you are making a booking for a group then you must appoint an organiser (“the Organiser”).
7.2 You accept that the Organiser has the authority to deal with us directly on your behalf and shall be our point of contact for your booking.
7.3 If there is any change to the Organiser throughout your booking, you must notify us immediately in writing.
7.4 The Organiser is responsible for ensuring that everyone within the group is aware of and provided with a copy of the Terms and Conditions.
8. CANCELLATIONS AND CHANGES TO BOOKINGS
8.1 Any refunds for cancellations for any reason (including by reason of matters outside your or our control) to the booking shall be at the sole discretion of Mad Monday. However credits may be issued for use at a later date subject to Mad Monday.
8.2 Any refunds for cancellations to the airfare/travel bookings shall be at the sole discretion of Mad Monday.
8.3 In the event that any airfare bookings are cancelled or changed then you will be charged for any additional fees charged by the airline.
8.4 A reduction in total number of nights travelling for a group may result in an booking rate changes
8.5 A reduction in total number of people travelling for a group may result in an booking rate changes
8.6 We reserve the right to cancel any booking prior to the departure date due to force of nature (including but not limited to public holiday, local festivals, renovations and/or upgrades, war or threat of war, riot, civil strife or unrest, act of God, strikes, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems for transport, or changes imposed by rescheduling or cancellation of flight or transport by any airline or third party or any other event that is beyond the reasonable control of Mad Monday), health concerns or any other reasonable concerns outside of our control.
8.7 When you book flights you are subject to the Airlines Terms & Conditions for who your flights are booked with, including but not limited to their refund, cancellation and credit policies.
8.8 Any cancellations or amendments to flights or the booking must be done in writing and emailed to firstname.lastname@example.org
9.1 We are an independent organisation and are not agents or representatives for any accommodation, service, product, third party suppliers or travel providers and accept no liability for any warranties provided by any third party.
9.2 You assume full responsibility for any injury to person or property including to third parties and further release and discharge Mad Monday from all actions, suits, claims, demands and causes of action whatsoever at law, in equity or under statute which you may have or could have at any future time against us in respect or arising out of either directly or indirectly the services we provide.
10.1 If anything in these terms and conditions is unforceable, illegal or void it is severed and the rest of the Terms and Conditions remain in force.
11. PRICES, QUOTES, INVOICE ITEMS
Any items on the invoice that are cancelled or do not take place a refund will be provided by Mad Monday. Changes or cancellations may occur by reason of matters outside our control which increase the cost of the product or service. Such factors but not limited to include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your Consultant for up to date prices. The refund amount shall be at the sole discretion of Mad Monday. This will be refunded within 14 days.
12. NO AGENT
12.1 We are an independent company that makes arrangements/bookings with the Third Party Suppliers. We are not agents or representatives of any Third Party Suppliers used for the Arrangements and we accept no liability for any warranties provided by any Third Party Suppliers or other third parties.
4.2 You acknowledge that we are event planners only and are independent to that of the Third Party Suppliers used for the Arrangements.
4.3 We are an independent company that makes arrangements/bookings with the Third Party Travel Suppliers. We are not agents or representatives of any Third Party Travel Supplier used for the Arrangements and we accept no liability for any warranties provided by any Third Party Travel Suppliers or other third parties. We accept no responsibilities in the event of rescheduling or cancellations that occur with travel bookings.
4.4 You acknowledge that we are event planners and independent to that of the Third Party Suppliers used for the Arrangements.
13. THIRD PARTY PROVIDERS
13.1 Mad Monday is a both a service provider and agent for a number of third party product and third party suppliers.
13.2 Mad Monday has no responsibility for any services or third party supplier or not provided by any third party supplier or any other party.
13.3 The third party supplier provide services directly to customers.
13.4 Mad Monday makes no warranty or representation regarding the standard of any service to be provided by third party supplier.
13.5 All Mad Monday experiences are issued subject to the terms and conditions of each third party supplier and these Mad Monday terms and conditions.
13.6 Mad Monday does not control the business operations of any third party supplier.
13.7 Mad Monday make no guarantees or warranties about the services that are provided to you by the third party supplier.
13.8 We always use and endeavour to source premium Third Party Suppliers. However, we are not agents of any Third Party Suppliers and cannot be liable or responsible for the actions of any Third Party Suppliers.
13.1 You must adhere to the current laws of Australia or New Zealand, whichever is applicable when attending the Arrangements. You must further comply with any rules and regulations as advised by us or any Third Party Supplier.
13.2 We support the responsible service and consumption of alcohol. Licensing laws prohibit the service of alcohol to underage and unduly intoxicated persons. The management of all Third Party Suppliers have the right to refuse service to you and your group if you are displaying disorderly, aggressive, abusive, anti-social or intoxicated behaviour. Refusal is at the sole discretion of the management of the Third Party Suppliers.
13.3 The Booking is for Mad Monday only and does not include the sale of Alcohol. Consumption of Alcohol is at your own risk and we urge all participants to drink responsibly. We do not accept any responsibility or liability for participants who drink excessively, resulting in damages, ill health, injury or death.
13.4 We do not condone the use of illicit substances prior to or during any Arrangement hosted by us. We reserve the right to request a Third Party Supplier to exclude you or any member of your group if it is believed that:
(a) You or a member of your group are displaying socially offensive behaviour;
(b) You or a member of your group are socially offensive and defaming the good reputation of Mad Monday or any Third Party member; and/or
(c) You or a member of your group are a threat to another person’s safety due to being under the influence of any illicit substances.
13.5 You are expected to respect your environment and other people around you. All Third Party Suppliers have every right to terminate your stay without notice under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases you will not have any entitlement for a refund under the Australian Consumer Law.
13.6 We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances.
13.7 All parties attending should be aware of their own physical and mental limitations before attending. If you have a medical condition or are pregnant we strongly recommend that you do not make a Booking with us. Should you be pregnant or have another medical condition that may be affected by attending, you must advise us prior to making a Booking.
14.1 If we book a flight on your behalf you should note that the airline is a Third Party Supplier. We do not control and or accept liability in the event that an airline should cancel, make changes, abandon a flight which we have booked on your behalf. We are not responsible for any increase in cost associated with flight cancellations, reschedules or abandonment of flights.
15.1 To the extent permitted by law, we do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, an event of Force Majeure affecting you, us or a Supplier or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). In particular, we disclaim any liability for any consequential loss, including loss of enjoyment or amenity. This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
Without limitation of the disclaimer of liability in the previous paragraph, any obligation we have to you will be suspended during the time and to the extent that we are prevented from, or delayed in, complying with that obligation by an event of Force Majeure.
Your rights with respect to a confirmed booking affected by an event of Force Majeure will be subject to the terms and conditions of the relevant Supplier.