Terms & Conditions
These Terms and Conditions (Terms) apply in relation to
interests and those of your students and others in all excursions, incursions, other services and associated
your care, including managing all risks associated with goods (Services) provided by Ranger Jamie Tours Pty Ltd
the provision of the relevant Services, including ABN 83 625 768 149 (we, us, our).
following any reasonable direction we or any of our
1. Prices and booking 1.1 All prices for Services are as stated in our most current brochure or on our website www.rangerjamie.com.au (Website). We reserve the right to update those prices and the details of any Services at any time. 1.2 Unless otherwise agreed in writing by us, all amounts and prices are exclusive of any taxes, duties or levies (such as GST). 1.3 All prices for excursions exclude transport costs, which will be charged to you by the relevant transport provider (see clause 5). 1.4 If you wish to add additional items to our published Services and we agree to do so, then the price will be adjusted accordingly. 1.5 To make a booking, you need to contact us or book through our Website, providing all details as we request. You warrant to us that the details you provide will be complete and correct in all respects. 1.6 Your completion of a booking form constitutes an offer by you to acquire the relevant Services from us on the basis of these Terms and we may accept or
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Rangers may give and appropriately directing your students, their parents, invitees, employees, servants and agents (your Group) in relation to these things. 3.2 You must supervise all students or other persons in your Group at all times and inform them of any risks, even if such risks are obvious. Do not take risks. Do not allow any person in your Group to take risks. 3.3 You must take all steps to monitor the consumption of food and water of those in your Group, including being aware of any food or other allergies. You must ensure the provision of a first aid kit, Panadol® asthma puffer/inhaler and EpiPen® and any further or other medications that may be required by those in your Group. 3.4 You must ensure that all permission slips provided to persons in your Group acknowledge that the Services are being provided subject to these Terms. 3.5 Any risk assessments provided by us are not an exhaustive list of risks in relation to any venue or the relevant Services. They are not taken to be an admission of liability or an acceptance or responsibility for such risks by us.
reject it or accept it on further terms.
4. Dates, times and inclement weather 1.7 These Terms apply to the absolute exclusion of any
4.1 Any times specified by us in relation to the provision purported terms or conditions on any purchase order.
of the relevant Services are approximate only. Factors 1.8 We may require payment of a deposit or instalments
out of our control such as latecomers, weather and to commence provision of the relevant Services. We
traffic can affect when transport can arrive and leave may also impose conditions such as a minimum venues. charge/number of participants. You will be informed
4.2 You may not postpone, vary or cancel a booking due of these requirements at the time we accept your
to inclement or unsatisfactory weather unless we booking.
agree so in writing. 1.9 If you are an individual, you warrant to us that you are
4.3 If there is a delay, including a significant delay for any authorised to accept these Terms on behalf of the reason whatsoever, you will not be entitled to cancel, relevant person or entity for whose benefit the rescind or terminate our arrangements or to seek a booking is being made. refund. 1.10 Once booked, you cannot postpone, vary or cancel a booking unless we agree in writing.
5. Transport 5.1 We can arrange transport for you or your Group to 2. Our obligations
and from any venue where required to provide the 2.1 We will provide the Services to a reasonable standard
relevant Services however, you can arrange your own of care in accordance with all applicable laws and
transport if you wish. If we do arrange transport for regulations.
you, then the balance of this clause 5 applies. 2.2 We will ensure that all Rangers involved in the
5.2 Even if arranged by us, the transport itself is a direct provision of Services will have a current employee
contract between you and the transport provider. We working with children certificate.
do not warrant the quality or reliability services of
3. Your obligations 3.1 You must act reasonably and you must take all steps reasonably available to you to protect your own
that transport provider. 5.3 You must make payment for transportation to the
transport provider separately.
TERMS & CONDITIONS
5.4 You must satisfy yourself that the transport provider
the booking sought to be cancelled (including without has its own current public liability, workers
limitation tickets, food and admission fees) and pay compensation, comprehensive motor vehicle and
such amounts within 7 days of the cancellation. compulsory third party insurance and other relevant
8.2 Subject to this document, on valid termination, that or required insurances and as to the relevant cover
part of the price paid (if paid in advance or as a amounts and conditions.
deposit) will be refunded to you within 14 days of the 5.5 You must satisfy yourself that the relevant driver
cancellation of the relevant booking, less the costs provided by the transport provider has a current
and losses associated with that booking and any other employee working with children certificate and are
amounts that may be due and payable by you to us licensed to drive the transport provided.
whether under these Terms or otherwise.
6. Payment
9. Release and indemnity 6.1 We will issue a tax invoice to you for the relevant
9.1 Any advice, recommendation, information, Services.
assistance or service given by us to you or your Group 6.2 Unless we agree with you otherwise, our tax invoices
in relation to the Services is given in good faith and is are payable in advance of the date for provision of the
believed to be accurate and appropriate at the time it Services and in any event, within 14 days of issue.
is given, but is provided without any warranty as to 6.3 If any tax invoice we issue to you is not paid in full by
accuracy, appropriateness or reliability and we do not its due date, we may charge you interest on the
accept any liability or responsibility for any loss, cost unpaid amount at the rate of 10% per annum,
damage, liability or expense suffered (whether calculated daily.
directly or indirectly) from reliance on such advice, 6.4 All costs and disbursements incurred by us in
recommendation, information, assistance or service. recovering payment or in protecting or enforcing our
You agree to rely on your own judgment in making rights under this document, including any legal costs
decisions concerning the Services and their fitness for and disbursements, are payable by you on the
your or your Group’s use and the appropriateness for indemnity basis.
your Group.
7. Risk and insurance 7.1 Risk of damage to or loss of any relevant goods provided as part of the Services passes to you immediately upon delivery of any you or persons in your Group however, title in any such goods does not pass until payment of all tax invoices we issue in relation to the relevant Services is paid in full. 7.2 You must at your cost arrange all appropriate insurances to cover all risks associated with the Services, your Group and their belongings including but not limited to those relating to: (a) workers compensation; (b) professional indemnity; (c) public liability; (d) voluntary workers (including parents). 7.3 Any goods of yours or those of people in your Group in our possession, custody or control for whatever purpose remain at your risk as regards loss and damage and you agree to effect and maintain appropriate insurances against such loss and damage.
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9.2 You have no right of action against us and you release and indemnify us from any loss, cost, damage, liability or expense, including indirect, consequential and special losses (including without limitation loss of use, enjoyment, reputation, income or profit), and against all actions, suits, claims and demands against us, including by you or any member of your Group (or their legal personal representatives) in relation to the relevant Services including any failure to deliver or delay in delivery the relevant Services or part thereof. 9.3 To the maximum extent possible, you hereby release and indemnity us and agree to forever keep us indemnified from any loss, cost, damage, liability, or expense, including indirect, consequential and special losses (including without limitation loss of use, enjoyment, income or profit), that we may incur in relation to you or any third party, including any member of your Group (or their legal personal representatives), where the loss, cost, damage, liability or expense is caused by or contributed to by us, the relevant Services or for any other reason 8. Termination / cancellation of a booking
whatsoever. You acknowledge and agree that no such 8.1 We may terminate any booking for Services at any
loss, cost, damage, liability or expense is reasonably time without cause in our absolute discretion
foreseeable other than those stated/limited in however, you may only terminate any booking with
clause 11. our consent and on terms satisfactory to us such as indemnifying us from all costs and losses in respect of
TERMS & CONDITIONS
10. Warranties
information by us. Such information may be used for 10.1 We do not provide any warranties in relation to any
such things as our supplying further or other Services third party manufactured or supplied goods provided
to you, improving our Services or for our own as part of the Services. The only warranties in relation
statistical or marketing purposes. to such goods are those of the manufacturer or
13.2 You consent to us using your image and likeness in supplier.
any photographs and film taken by or for us when 10.2 Any warranty or condition which would otherwise be
providing the relevant Services. You must take all implied in any agreement between us or in these
reasonable steps to assist us to obtain any necessary Terms (including, but not limited to, merchantability,
permissions to be filmed or photographed by those in suitability or fitness for purpose, quality or otherwise
your Group however, we understand if permission is of the relevant Services) is expressly denied and is
not provided by some in your Group. excluded to the maximum extent permitted by law.
Independent advice 11. Liability Limited
13.3 You acknowledge that you have obtained or have had To the maximum extent permitted by law and
adequate opportunity to obtain independent legal notwithstanding clauses 9 and 10, our liability to you
advice as to the meaning and effect of the terms and (including any member of your Group) in respect of
conditions in this document before they were any loss, cost, damage, liability or expense is limited
accepted by you. (even where caused or contributed to by our negligence or breach of any term, condition or warranty stated in these Terms) in our absolute discretion to: (a) repairing the goods, replacing the goods or supplying equivalent goods provided as part of the Services or payment of the costs of repairing, replacing or acquiring equivalent goods; (b) refunding the price paid; (c) resupplying the Services or equivalent Services
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Entire agreement 13.4 This document contains the entire agreement as between the parties in relation to its subject matter. Any previous representations or communications between the parties and any negotiations in relation to this document are merged in and superseded by this document and are of no force or effect. This document may only be varied or replaced by a document in writing duly executed by the parties.
or payment of the costs of resupplying the
Delegation and assignment services or equivalent services.
13.5 We may delegate or sub-contract the performance of
12. Force majeure
Each of us will be released from our respective obligations in respect of any accepted booking in relation to the provision of relevant Services (except your obligations as to payment and indemnity) in the
any obligation or assign the benefit of the agreement constituted by these Terms in our absolute discretion. You may not however assign such benefits or obligations without our consent, which may be withheld in our absolute discretion.
event of national emergency, war, prohibitive
Severance governmental regulations or where any other cause
13.6 If a provision in this document is void, illegal or beyond the reasonable control of either of us,
unenforceable, it must be varied to give effect to the including but not limited to strike, riot, lockout, trade
intention of this document or severed without disputes, rebellions, fire, acts of God, shortages of
affecting the enforceability of the other provisions raw materials, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems renders provision of the provision of the relevant Services on the day of the booking impossible.
Disputes 13.7 Any dispute respect to this document are to be referred to a single arbitrator in accordance with the provisions of the Commercial Arbitration Act 2010 (NSW) as may be amended or replaced from time to time. 13. General
Governing law and jurisdiction Privacy
13.8 This agreement and the transactions contemplated 13.1 To the maximum extent permissible by law, you
by it are governed by the law of New South Wales and waive and must procure that everyone in your Group
the parties irrevocably submit to the jurisdiction of waive all rights under the Privacy Act 1988 (Cth) and
the courts of New South Wales and all courts called consent to the collection, storage and provision of
to hear appeals from them in respect of them.