TERMS and CONDITIONS
1. How to book
To reserve your place on one of the running packages, you must complete the Booking Form and pay the non refundable initial deposit. Please refer to Deposit and Final Payment (clause 5 below) for full details.
2. Prices
Prices are quoted at today’s rate and are subject to any changes in airfares, tariffs and conditions imposed by airlines, wholesalers or other service providers. All costs are subject to price increases until paid in full.
3. Running Package Requirement
The sale of guaranteed race entry alone is not possible and must be purchased in conjunction with an Australian Outback Marathon package.
4. Airfares and Airport/Security Taxes
Airfares are not included as part of the package and must therefore be purchased separately either through Travelling Fit (the licensed travel agent, Lic No. 2TA06522) or via the Qantas or Virgin Blue websites.
5. Deposit and Final Payment
Each booking is subject to a non refundable initial deposit of AU$550 per person.
Note: Deposits are due within 24 hours of acceptance. Bookings cannot be confirmed until the initial deposit has beenreceived by Travelling Fit (the primary agent for the Australian Outback Marathon) in full.
Final payment for all itineraries is due no later than Friday 10th May 2013.
6. Default Clause
6.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Agent’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
6.2. If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Agent from and against all the Agent’s costs and disbursements including on a solicitor and own client basis and in addition all of the Agent’s nominees costs of collection
7. Payment Terms
a) Cheque or Money Order made payable to TRAVELLING FIT.
b) For electronic transfers (via internet only), bank details are as follows:
Bank: National Australia Bank
Account Name: Travelling Fit
BSB Number: 082-574
Account Number: 83-544-8081
c) For direct deposits* at a National Australia Bank (walk in), details as follows:
Account Name: Travelling Fit
BSB Number: 082-574
Account Number: 83-544-8006
d) If you wish to make payment from an overseas bank account by telegraphic/wire transfer**, our bank account details are as follows:
Bank:
National Australia Bank
Address:
Shop 21, 148 The Entrance Road,
Erina, NSW, 2250
Australia
Swift Code:
NATAAU3302S
Account Name:
Travelling Fit
BSB Number:
082-574
Account Number:
83-544-8006
**Note: Payment from an overseas bank account (outside of Australia) will incur a bank fee of $35 per transaction. Please let Travelling Fit know if this is your preferred method of payment.
e) Payment by Credit Card*** will incur a transaction fee as follows:
Visa/MasterCard: 1.2% except on international cards apply 2.1%;
American Express Cards: 3.08%;
Diners Card: 2.47%.
***Note: Credit Card transaction fees may vary or in some instances may be waived by certain airlines, wholesalers and other service providers.
8. Cancellation Fees
Each booking is subject to the following cancellation fees:
- 25% of the amount received to date plus the non refundable deposit if cancelled more than 90 days prior to the date of departure;
- 50% of the amount received to date plus the non refundable deposit if cancelled 60-90 days prior to the date of departure;
- 75% of the amount received to date plus the non refundable deposit if cancelled 30-59 days prior to the date of departure;
- or if cancelled within 29 days or less of the date of departure no refund will be given.
NOTE: Certain airfares/land packages are non refundable from the time they are purchased. Please contact Travelling Fit for further details.
9. Fees
AU$55 booking fee will apply where Travelling Fit is required to book your internal Australian airfares.
AU$55 late payment fee is applicable for any payment received after its due date. If any payment is not received within 5 days of becoming due, you will be deemed to have cancelled your booking and the cancellation policy under clause 8 will apply.
A $55 amendment fee per person per change made once reservations have been confirmed (plus any additional charges incurred by airlines, wholesalers and other service providers): except if the ammendment is made within one month of departure a $110 fee will apply per person per change (plus any additional charges incurred by airlines, wholesalers and other service providers).
AU$77 late booking fee will apply for reservations made after the 10th May 2013. This will be subject to availability and any price increases.
10. Event Cancellation
In the event that the Australian Outback Marathon is cancelled due to lack of participants, Travelling Fit will refund in full the total money received in Australian Dollars excluding a AU$55 management set up fee.
11. Force Majeure
If Travelling Fit is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts of omissions of a third party or for any other cause whatsoever outside Travelling Fit’s reasonable control, Travelling Fit will be under no liability whatsoever to you and may, at its option, by written notice to you to cancel the tour.
12. Travel Documents
An Australian Tourist Visa may be required for those living abroad. Each individual is responsible for ensuring that all necessary travel documents are current and valid.
13. Travel Insurance
Due to non refundable deposits and cancellation fees, Travelling Fit highly recommends you take out travel insurance at the time you pay the initial deposit. Participants can save 25% on travel insurance simply by going to our website and applying online. Go to: www.travellingfit.com and click on Travel Services where you will find the Travel Insurance link.
14. Release and Waiver of Liability
In consideration of Travelling Fit accepting your application:
You release Travelling Fit and its officers, employees, agents, other representatives and recommended charity beneficiaries (hereafter “Travelling Fit and its personnel”) from all cost, liability, loss or damage incurred or suffered by you directly or indirectly during the course of your travel and resulting from your personal injury, illness or death or damage to or loss of your property unless caused by the willful negligence or wrongful act of Travelling Fit and its personnel; and
You waive any claims you have, or may at any time have, against Travelling Fit and its personnel and you agree, by accepting the inherent dangers and risks associated with any travel, not to make any claim against or seek any compensation from Travelling Fit and its personnel in respect of any personal injury, illness or death suffered by you or damage to or loss of property sustained by you as a result of your participation in an event.
To the extent permitted by law, section 74 of the Trade Practices Act 1974 does not apply to this agreement.
15. Disclaimer
Travelling Fit reserves the right to refuse an application to register for any reason. Should an entrant’s application be refused, the full registration fee (including the non refundable initial deposit) will be refunded to the applicant. Your registration for an event takes effect once you complete the Booking Form, accept the accompanying Booking Terms and Conditions and the initial deposit has been received in full by Travelling Fit. Places are limited on each itinerary and are allocated on a first come first served basis.
16. Privacy Act/Email Privacy
16.1. The Customer agrees for the Agent to obtain from a credit-reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Agent.
(a) The Australian Outback Marathon and/or Travelling Fit may, from time to time, send email messages to clients containing advertisements, promotions, etc. Users agrees that Australian Outback Marathon and/or Travelling Fit shall not have any liability with respect thereto.;
(b) The Australian Outback Marathon and/or Travelling Fit will not, unless required to do so by law, share you personal details with any third party without your prior written/email consent;
16.2. The Customer agrees that the Agent may exchange information about Customer with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(a) to assess an application by Customer;
(b) to notify other credit providers of a default by the Customer;
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and
(d) to assess the credit worthiness of Customer.
16.3. The Customer consents to the Agent being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4. The Customer agrees that Personal Data provided may be used and retained by the Agent for the following purposes and for other purposes as shall be agreed between the Customer and Agent or required by law from time to time:
(a) provision of Goods and/or Services; (b)marketing of Goods and/or Services by the Agent, its agents or distributors in relation to the Goods and/or Services;
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods and/or Services;
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and
(d) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods and/or Services.
16.5. The Agent may give, information about the Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Customer; and or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
EXCLUSION OF LIABILITY
I know that participating in the 2013 Australian Outback Marathon (the ""Marathon"") is a potentially hazardous activity. I agree not to enter and participate unless I am medically able and properly trained. I agree to abide by any decision of a race official relative to my ability to safely complete the Event.
I am voluntarily entering and assuming all risks associated with participating in the Event including, but not limited to, falls, contact with vehicles, other participants, spectators or others, the effect of weather, including high heat, extreme cold, and/or humidity, traffic and the conditions of the course, all such risks being known and appreciated by me. I grant to the Medical Director of the Events and their designee access to my medical records and physicians, as well as any other information, relating to medical care that may be administered to me in Australia as a result of my participation in the Event.
Having read this Exclusion of Liability and knowing these facts, and in consideration of your accepting my application, I, for myself and anyone entitled to act on my behalf, waive and release the Australian Outback Marathon, all Sponsors of the Event and each of the respective representatives and successors, officers, directors, members, agents and employees of the foregoing, from all present and future claims or liabilities of any kind, known or unknown, arising out of my participation in the Event even though that liability may arise out of ordinary negligence or fault on the part of the persons named in this Exclusion of Liability
I grant my permission to all of the foregoing to use or authorize others to use photographs, motion pictures, recordings, or any other record of my participation in the Event for any legitimate purpose without remuneration.