This Tour Participation Agreement outlines the policies of Carmen Darwin’s Company, IN THERE OUT THERE PTY LTD (“Company”) and what is expected of you as a participant on The Design & Lifestyle Tour. The Agreement also outlines payment methods as well as the cancellation/refund policy. We ask that you complete the Medical and Dietary questionnaire to help us better understand your needs while you while away.
I am sure that we will be blessed with a smooth-sailing trip, and the above conditions are meant to clarify your participation with Carmen Darwin, the operator of Company. Travel is usually easy and safe, but since travel outside of your home country always involves some risk, we always recommend our customers obtain comprehensive travel and health insurance to cover possible additional costs you could suffer anytime you fly (airline tickets, loss of luggage, trip delay, medical evacuation, etc.).
Company agrees to provide the Design & Lifestyle Tour as described. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Tour. (such as this Included Services: Included in your ticket price is all inclusions and the co-ordinated schedule, and an invite to a private Facebook group. Services not included: Our tours do not include transportation before or after the tour and your flights.
Trip Price Guarantee: The price of the tour is at the price quoted on payment and will not change, even due to foreign currency fluctuations.
All refund policy complies with Australian law. We know that life happens, and you can’t always make your travel arrangements. Please due to the nature of travel arrangements the Design & Lifestyle Tour is NOT refundable, but a place is transferrable to another person at ANY TIME before the tour starts. Please contact email@example.com for assistance if you need to make changes prior to departure. There are no full or partial refunds upon return from your trip.
We strongly advise you to purchase third party health and travel insurance. No member of Carmen Darwin’s Design and Lifestyle Tour group is allowed to travel without adequate third-party insurance. There are many providers and plans to choose from; call your travel agent or insurance company to find the right fit for you.
CANCELLATION OF THE TOUR BY COMPANY
We reserve the right to cancel or reschedule any departure for any reason; including if there are too few participants, or if the quality of the trip or the safety of the travellers is judged to be compromised. In such cases, a full refund of payments received by Company shall constitute a full and final settlement. Company is not responsible for any loss incurred on account of non-refundable or non-transferable flight tickets.
ITINERARIES ARE SUBJECT TO CHANGE
We make a considerable effort is to adhere to proposed itineraries, but plans may be altered because of weather, acts of god or whims of the group determined by Company. Company reserves the right to modify the itinerary before or during the trip (remember, the health and safety of all trip participants are paramount).
We want everyone to have a great trip! That’s why Company reserves the right to accept or reject any tour member or to remove any participant who does something on tour that is deemed incompatible with the interests of the other participants, at our discretion, without any refund.
VISAS AND PASSPORTS
All passengers travelling internationally are required to have a passport. Most countries require that the passport is valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when travelling, as many countries require blank pages. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take time, so check your passport now and allow yourself plenty of time before your departure date. You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of Italy. Visa and entry documents must be obtained independently. Non-Australian citizens must consult with appropriate consulates to determine if any visas are needed. Company is not responsible for providing you with specific visa and passport information or documentation, for any fees associated with obtaining these documents, and Company cannot accept liability for any passenger refused entry onto any transport or into any country due to failure of the passenger to carry correct documentation or adhere to specific entry and exit requirements.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Agreement (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.
COMPELLED DISLCOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license. Client is not authorised to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
INDEPENDENT LEGAL ADVICE
You have adequate time before signing this document to seek independent legal advice regarding this document.
This Agreement shall be governed by and construed in accordance with the laws of the state of Queensland, Australia, regardless of the conflict of laws principles thereof.
15. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to Resolution Institute. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in [CITY, STATE]. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including legal fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
17. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
This Agreement may not be assigned by either Party without express written consent of the other Party.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Commonwealth or State Department travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Yes. I have read and understood and I agree to the terms and conditions listed above.