TERMS & COND | barefeetadventures

BAREFEET ADVENTURES TERMS & CONDITIONS

These are the Terms and Conditions that will apply to your booking. Please read them carefully as you will be, bound by them. These Terms shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein.

The contract and booking is made with, and services will be provided by, Barefeet Adventures “the Company”. A program includes all of the following programs: Filmmaking, Creative, Surf n Skate, Volunteering, and Festival Travel programs, as well as all The V Word programs, retreats and classes; and any other programs added or altered in the future. By booking a program, you agree to be bound by these Terms and Conditions that govern the Company and Client relationship, the Company’s cancellation policy and the Company’s limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.

1. THE CONTRACT

All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors, seniors, and persons with disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease brochure prices. The Company or their agents reserve the right to decline any booking at their discretion. The person or persons named on the booking are hereafter referred to as the “Client”. All bookings are made with the Company, which sells various programs described on their website, and or through its “Agents” who sell the Company’s programs through an agreement with the Company. A Barefeet Adventures Independent Trip is defined as booking anything tailor made, that means, anything that is not offered as is, in one of the already existing programs. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The service(s) to be provided is/are the tour(s) referred to in the booking confirmation.

2. MEDICAL FORM

All Clients are obligated to review and acknowledge the Medical Form, as it relates to their program. Clients are asked to review the form, and be familiar with it. Any questions in relation to the Client’s physical or mental suitability for a program must be reviewed by their medical practitioner for approval. The Company cannot offer advice of a medical nature. Those Clients with pre-existing medical conditions as defined on the Medical Form, must return a signed form to the Company with final payment as specified in Section 7. All Clients traveling to programs in remote locations must return a signed Medical Form to the Company with final payment as specified in Section 7. The Client acknowledges and understands the programs held in remote locations are isolated, and far removed from medical care facilities. Further, the client understands the honest completion of this form will assist all concerned in an emergency situation.

The Client must complete the medical form honestly, accurately and disclose all medical history and information. The Company will review the information submitted, and keep the information in accordance with the published Privacy Policy. The Company reserves the right to challenge any information submitted, ask for further information or clarity on certain points. In the event there is a dispute between the Company and the Client in regard to the Clients’ physical or mental suitability for a trip, the matter will be referred to a medical professional at the Client’s expense. The Company reserves the right to deny any Client on reasonable medical grounds. In the event the Client has made a booking with the Company and subsequently is unable to complete the required medical form for any reason by the final payment schedule specified in Section 7, the Company reserves the right to treat the booking as cancelled, and charge a cancellation fee.

3. MEDICAL CONDITIONS

The Client must notify the Company in writing during the process of booking their trip, of any medical conditions, pregnancy, disability or any other mental and or physical condition, which may affect fitness to travel and or any medical condition of any kind. Failure to notify the Company may result in the Client being refused travel. Failure to notify the Company of any such condition that results in cancellation will have full cancellation fees charged to the Client. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. The Company may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients’ special requests, but such requests do not form part of the Contract and therefore the Company is not liable for not providing these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of medical treatment.

4. MINIMUM TRAVELING AGE

The minimum age for Clients traveling with Barefeet Adventures is 18 years of age, as of the date of commencement of their program. Clients cannot join a program until the date of, or after the date of, their 18th birthday. There will be no exceptions. All clients under the age of 21, must show proof of age when registering for a program, with a clear scan, photograph or photocopy of the passport they will be traveling with.

5. CURRENCY

The Company marks all its prices in United States Dollars. However, the Company sells in seven global currencies: Great British Pound (GBP£), Euro (EUR€), United States Dollar (USD$), Canadian Dollar (CAD$), Australian Dollar (AUD$), Swiss Francs (CHF) and New Zealand Dollar (NZD$). The currency is applied to, and chosen by, the client when booking the program. The Company reserves the right to apply the currency of their choosing to the booking.

6. QUOTES & FEES

Quotes provided for Tailor Made Group Programs are subject to a non-refundable administrative Quote Fee. Should the booking be confirmed, this amount will be deducted off the final payment amount. Some quotes may be exempt from the Quote Fee, if this is the case, it will be outlined at the time of quote. The Company also reserves the right to apply other Administrative Fees at its discretion.

7. DEPOSITS

Program Deposits: At time of booking a non-refundable deposit fee per person per program is due. If a booking is made 90 days or less prior to the departure date, full payment is due, along with the booking and medical forms. The non-refundable deposit, booking form and medical form, should be sent to the Company or its Agent at the same time. Programs will always remain the same price, regardless of omissions or changes made prior or during the program dates, or thereafter. Some program changes will have an additional fee, which will be discussed with the Client prior to their booking. If deposit is different from that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice.

8. FINAL PAYMENT

Programs and Tailor Made Group Programs:

(a) Final Payment: The Company must confirm acceptance of the Client’s booking in writing. Please refer to the confirmation invoice and/or confirmation email for details regarding final payment. Payment of the balance for the full program price is due exactly 90 days before the commencement date of the program. If full payment is not received by the due date, then the same program costs cannot be guaranteed, nor can program space be guaranteed. If a booking is made 90 days or less before the commencement of the program, then the full amount is payable when the booking is confirmed. If this balance is not paid at the time the booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled. Tailor Made Group Programs may require a higher deposit or full payment at the time of booking. If full payment is different to that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice.

(b) Client Details: In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all Client Details with their final payment as per the schedule specified in Section 7(a). If the Client does not provide all details 90 days or more before departure, an Administrative Fee will be charged to the Client. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full cancellation fees will apply. Client Details required will from program to program, and will be advised during the booking process. However, at a minimum, Client Details include completing the Booking Form and the Medical Form, as requested by The Company. A booking may not be confirmed without provision of these Client Details.

(c) Credit Card Charges: The Company is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and incurred during the transaction for the program.

9. CANCELLATION BY THE CLIENT

Any cancellation by a Client must be made in writing and be acknowledged by the Company in writing. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation fees applicable.

The cancellation fees are as follows:

i) Cancellation 90 days or more before departure: Deposit forfeited. Full program cost is refunded.

ii) Cancellation 89-60 days before departure: Deposit forfeited. Partial refund. 50% of program cost is refunded.

iii) Cancellation less than 60 days before departure: Deposit forfeited. 100% of program cost forfeited. You will have a deposit waiver and $500 voucher available for anytime you wish to re-book a program with us in the future.

Tailor Made Group Programs may vary in cancellation policy from that detailed in this clause, and will be detailed at the time of booking.

10. CANCELLATION BY THE COMPANY

The Company will not cancel a program once a Client is confirmed, except for the following reasons: ‘Force Majeure’ (unusual or unforeseen circumstances outside the Company’s control) or “low bookings” or failure of Client to pay before deadline or failure of Client to hand in required paperwork by deadline. No compensation will be paid to the Client if cancellation is because of Force Majeure or Low Bookings.

When a program is cancelled by the Company before the agreed date of commencement for any reason other than the fault of the Client, the Client can either:

(i) book a substitute program of equivalent or superior quality if the Company is able and willing to offer such a substitute; or

(ii) book a substitute program of lower quality, if the Company is able and willing to offer one, and to recover from the Company the difference in price between the price of the program originally purchased and that of the substitute program; or

(iii) have a full refund of all monies paid under the contract. Payment could take anywhere between 30-90 days.

The Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the confirmed booking such as visas, vaccinations, non-refundable flights, cruises, boats or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternative program of a higher value than the originally program booked, then the Client must pay the difference in price 90 days before the commencement of the program, or immediately. Where after departure a significant element of the program contracted for cannot be provided, the Company will make suitable alternative arrangements for the continuation of the program. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the Company will decide on, and provide the Client with a refund of unused program portions. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the Company’s control, the Company will in some circumstances offer compensation as it sees fit. Significant alterations do not include the substitution of transport modes, modification of itineraries, slight changes is dates, changes in accommodation, changes in instructors and staff, changes in the type (or brand) of equipment to be used, changes in the location (provided the new location is in the same country). If a festival is cancelled or dates are altered, the Company will do its best to run the program on the new dates. If a festival is cancelled, the Company might still go ahead with the trip, chosing to turn the program into a Filmmaking Program, rather than a Festival Program. If this occurs, Clients will have the choice to join the alternate program. However if they do not choose to take the alternate program, there will be no refund for the original Festival Program, for which the cancellation was a Force Majeure and out of the control of the Company. For any dates or cancellations of festivals, the Company is not liable and there will be no refunds, as this falls into the category of Force Majeure.

11. UNUSED SERVICES

There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from a program i.e. sickness, death of a family member etc, late arrival to the program, or premature departure, either voluntarily or involuntarily.

12. PRICES, SURCHARGES AND TAXES

The price of the programs published may go up or down from the time of publication. The Company recommends that the Client find out the most up-to-date price of their program, including the costs of any other service provided by the Company, at the time they make their booking. The Company reserves the right to increase the program price after the program has been booked but will not do so any later than 30 days before the date of commencement of the program. After a Confirmation Invoice has been issued any increase to the program price will be as a result of changes in an increase in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports, as well as airport charges, and any currency fluctuations. If the increase would be 2% or less of the holiday price the Company will absorb the changes in its costs of providing the tour. However if the increase is more than 2% the Company will pass this increase on to the Client.

Where the increase in price is more than 7% of the Clients holiday price then in these circumstances the Clients may either:

(i) withdraw from the contract without incurring any penalty; or

(ii) accept the change of price, and pay the surcharge.

Programs operating in Australia are priced and advertised exclusive of government taxes. These taxes will be advised at the time of booking and itemized on subsequent invoicing.

13. VALIDITY

The prices in the Travel/Program Info Packs, Brochures and on the website are based on rates and costs in effect at time of printing the brochure, the publishing of the Travel Info Pack, or posting to the website. The Company reserves the right to alter prices at any time prior to a program being paid in full. The program price of the trip (as stated on web and print documents for that date) is guaranteed when paid in full, and only subject to any potential surcharges as stipulated in Section 12. All dates, itineraries and prices are indicative only.

14. FLEXIBILITY

The Client understands and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations to be made by the Company. It is understood that the route, schedules, itineraries, amenities, accommodation, type of food for cooking, type of land for gardening, equipment for filming and photographing, boards for surfing and skating, supplies for artistic activities, volunteer activities, festival attendance, locations for program activities, availability of specific instructors and staff, and mode of transport, may be subject to alteration without prior notice due to local circumstances or events, which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances, or any other reason whatsoever.

15. CHANGES & TRANSFERS

(a) Changes made by the Company: While the Company will endeavor to run all programs as advertised, reasonable changes in the schedule or program may be made, where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is sufficient time before departure. The definition of a major change is deemed to be a change affecting at least one in three aspects of a program: location outside of a 100km radius of the original location, activity changes, program dates. If the major change is due to force majeure or unforeseen circumstances, no compensation is payable. Some changes to the schedule may happen on a program as a result of unforeseen circumstances or local situations. Any changes made to alter the schedule as a result of this, will be made with full authority of the program leader.

Any direct or indirect cost incurred as a result will be the responsibility of the Client. Where the Company has to make a major change to the Client’s holiday before departure, in these circumstances the Company will notify the Client as quickly as possible so that the Client can make a decision:

(i) whether to withdraw from the contract without penalty; or

(ii) to accept the change and proceed with the holiday.

(b) Changes made by the Client: A transfer from one program to another can only be made more than 60 days before commencement date of a program, and only if approved by the Company. Any request to transfer received less than 60 days, before the commencement of a program, will depend on the size of the group, and the final decision will be made by the Company whether or not to accept the transfer request. Transfers fees will apply. The Client may only transfer a booking to a commencement date within 6 months of the original program booking commencement date. All transfers, whether program transfers or name transfers must be made in writing and sent to info@barefeetadventures.com. The Client may apply to have the name of the reservation transferred over to another person, up until 30 days prior to the commencement date of the program. Name changes are subject to Company approval and payment of the transfer fee. Changing the program name over to another person requires that the new person taking over the contract fill in the original booking form and medical form in order to be accepted for the program in question, and must pay the transfer fee. Once this is completed, they will be emailed the official transfer certificate, requiring them to sign it and send it back to info@barefeetadventures.com, with “Transfer Certificate” mentioned in the subject box of the email.

(c) Other Changes: Any changes to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an Administrative Fee. No changes are permitted to your booking within 30 days of departure.

16. AIRFARE

Programs do not include international airfare or any other form of transport to or from a program.

17. ACCEPTANCE OF RISK

The Client acknowledges that the nature of these programs is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to program commencement, all Clients will be asked to sign The Participation Form, with the following wording:

“I understand that traveling with Barefeet Adventures may involve risks (and rewards) above and beyond those encountered on a more conventional holiday. I acknowledge that I am undertaking an adventure trip with inherent dangers. I understand that I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications, infrastructural development, and other areas, may not be of the standard I am used to in my home country, or would find on most conventional holidays. I have read and understood the Barefeet Adventures Program Details for this trip that I am undertaking, and I have provided all details of any pre-existing medical conditions I may have to Barefeet Adventures representatives. I accept these risks and obligations and I fully assume the risks of travel.

Optional Activities - I understand that during my trip there may be opportunities to undertake activities, which are not a formal part of the program. I understand that Barefeet Adventures makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand that Barefeet Adventures is in no way responsible for my safety should I elect to enter into optional activities. With full knowledge of the above, I may still elect to partake in an optional activity, and if I do so, I assume full responsibility for any risks involved. I waive all responsibility of Barefeet Adventures, and take full responsibility for participating in optional activities."

Hotels, shuttle services, instructors, massage therapy, food preparation, or other elements of a program will be arranged by the Company with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation, transport and other services in some of the countries where programs take place, are often lower than comparable standards than what the Client may reasonably expect at home. The Company will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the supplier. The liability of the Company will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. In the event of a complaint by a Client, this Contract will be regarded as having been performed, if local laws and regulations relating to those services have been satisfied, even if the laws of Australia have not been met.

Independent Contractors: The Company is not liable for independent contractors. We do our best to hire local service providers, local staff and local businesses, in order to bring economic gain to the area. The Company does its best to review contractors’ resumes, certificates, reviews, degrees and professional references. The Company also does its best to interview contractors and seed out the best, most capable and experienced people possible. However, should a contractor not be up to standard, the Company is not responsible for their performance, services or products. The Company will do all they can to replace the person or product in question, once it has been determined that it is below par. There must be three complaints made by participants to the Barefeet Adventures program director, before the Company will investigate. The company will find a replacement as soon as possible, if possible, while the program is underway. However there is no guarantee made that this replacement will take place during this program or before any other program commences. Contractors may include the following: doctor, medical personnel, natural therapists, hairdresser, manicurist, massage therapist, videographer, photographer, entertainer, all instructors including fitness instructors, spa personnel, beauticians, internet/I.T. personnel or other instructional concessionaires, art or other auctioneers, shopkeepers and others providing services. The limitations referred to in clause 28 below shall apply to all independent contractors. These contractors work directly for the Client when performing their services. Neither the Company nor the Carrier is responsible for any such person's acts or omissions in providing goods or services to the Client.

The independent contractors including Tour and Excursion providers do not at any time act as agents or representatives of the Company. The Company does not own or control any such independent contractors, makes no representation of any kind as to their performance and does not undertake to supervise their activities. Any Guest using such services or activities shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. The Company will not be, or will not become, liable or responsible in any way for any act or omission of any such provider pertaining to, or arising from, or in connection with, such services or activities.

18. AUTHORITY ON TOUR

At all times the decision of the Company’s Program Leader or Representative will be final on all matters likely to endanger the safety and well being of the program. By booking with the Company, the Client agrees to abide by the authority of the program’s assigned Company representative, Program Leader. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the program, the Client must advise the Company at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the program, or if in the opinion of the Program Leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others, the Company may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.

19. BEHAVIOR

It is the Clients’ responsibility to ensure that he/she and the members of his/her Party do not behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances all suppliers (e.g. hotel managers, airline pilots) and the Company have the right to terminate arrangements made on the Clients’ behalf, in which case the Company’s responsibility to the Client ceases immediately. Therefore, the Company will not be liable for any refunds, payment of compensation or reimbursement of any cost or expenses incurred as a result. Further, the Client will be liable to reimburse the Company for any expenses whatsoever that it incurs as a result of such behavior.

20. VOLUNTEER PROJECTS

The Client agrees that the Program Leader’s decisions will always be final during the course of a program. However, when a client volunteers their time to a local organization or business as a part of their program, they understand that they must answer to the Director or Manager of the volunteer organization or business. These will be the people who make the decisions in regards to their daily volunteering activities and will guide them through what needs to be attended to. If at any point a Client believes that the organization or business where they are volunteering is involved in any illegal or unethical activity, the participant must immediately advise their Program Leader and cease their volunteering duties until the matter is resolved, or until the Client is transferred to a new volunteer project. Should the Client decide to continue volunteering after the Project Manager has deemed the volunteer activity to not be in line with the Company’s ethics and work standards, the Client will be expelled from the program, with no possibility of refund. The Company shall not be liable in any way to the Client for death, kidnapping, bodily injury, psychological injury, any kind of physical or mental illness, damage, delay or other loss or detriment to person or property, loss of enjoyment, inconvenience, or financial costs both directly and indirectly incurred as a result of volunteering. The Company will do their best to place participants in volunteer roles they are interested in, however the Company makes no guarantee that a Client will be placed in a specific volunteer project. The Client agrees to submit a Police Check if working with children, and agrees to follow the local laws and customs at all times when volunteering. The Client also agrees to act responsibly, by being polite, respectful, punctual, and completing all tasks assigned by the volunteer organization or business, in a timely matter, and to the best of their ability. The Client will never ask for any monetary or material goods from their volunteer organization or business, nor will they be expected to, or required to pay any money, or give any monetary or material goods to the volunteer organization or business. Any creative projects produced while volunteering, to include film, photography, and all other creative activities, are the property of Barefeet Adventures who own 100% rights to all creative projects produced throughout any program, and as stated in section 35 of this contract.

21. TRAVEL DOCUMENTS

(a) Valid Passport: The Client must be in possession of a valid passport required for entry, departure and travel to the destination, or the multiple destinations along the itinerary of a program. Passport must be valid 6 months past the return date, all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.

(b) Documents: To expedite the issuing of travel documents please note that all program related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on the website www.barefeetadventures.com once full payment has been received by the Company. The Company reserves the right to impose an Administration Fee on those Clients who wish to receive or send their travel documents by other means.

(c) Most Recent Information and Details on Website: It is the Clients responsibility to visit the website at least 72 hours prior to departure to ensure the most current Trip Details is in their possession as minor changes may have been made since the tour documents were originally provided by the Company.

22. FACTORS OUTSIDE THE COMPANY’S CONTROL: FORCE MAJEURE & LOW BOOKINGS

(a) Force Majeure: The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, safety and security concerns as deemed by the Company, extreme weather or any other cause whatsoever beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the supplier of services, even with all due care, could not foresee. When a program is cancelled due to Force Majeure, the Client will not receive a refund on the deposit or the money paid towards the program.

(b) Low Bookings: The Company plans its trips enough ahead of time to allow for bookings to fit our program requirements, which are a minimum of 5 participants per program. If we have unexpected cancellations or do not meet the program requirement of five participants for any other reason, the program is cancelled. When a program is cancelled due to Low Bookings, the Client is reimbursed the deposit, and any money paid towards the program.

No compensation will be paid to a client if cancellation is because of Force Majeure or Low Bookings.

23. INSURANCE

It is mandatory that all Clients obtain travel insurance with a minimum medical coverage of US$200,000 while traveling with the Company and this insurance must cover personal injury and emergency medical expenses. Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above, before their booking can be confirmed, and if requested by a Group Leader or Company Representative before or during the program. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Company or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Company cannot accept responsibility for, and in no event shall be liable for, loss or damage of valuables or other articles left in or on facilities used by the Company such as office location, hotels, hostels, homestays, vessels, expedition vehicles, or any other mode of transportation, accommodation or places of gathering. The Client acknowledges that the cost of the program does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.

24. DISCOUNTS AND PROMOTIONS

All discounts and reduced pricing are applied at the Company’s discretion. From time-to-time the Company may offer reduced pricing on selected programs. The reduced pricing applies strictly to new bookings, and bookings that have already provided deposit are locked into their original price and are not entitled to the reduced pricing.

25. CLAIMS AND COMPLAINTS

If a Client has a complaint against the Company, the Client must first inform the Program Leader at the earliest opportunity possible to allow the grievance to be rectified. Failure to indicate dissatisfaction whilst on your program will result in the Client’s ability to claim compensation from the Company being extinguished or at least reduced. If satisfaction is still not reached through these means while attending the program, then any further complaint must be put in writing to the Company via its Agents or directly to head office at ‘info@barefeetadventures.com’. The Company will not accept any liability for claims received after this period. Any correspondence will be attended to within 10-30 days of receipt.

26. CLIENT RESPONSIBILITY

The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking a program with the Company, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each location they will find themselves for a program, and are also encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.

27. OPTIONAL EXTRAS

Optional extras do not form part of the program or contract. It is understood and accepted by the Client that any assistance given by the Program Leader or representative in arranging optional extras does not render the Company liable for optional extras. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, injuries or death related to the quality of such products and services. Amongst others, optional extras include any extreme sports, rafting, skydiving, snorkeling, swimming, dancing, horseback riding, sightseeing flights, surfing and skating expeditions or trips, circus activities, performances, entertainment outings, nightclubs, and other extras that are not included in the program price.

28. LIABILITY

The Company is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of the Company and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which the Company and/or the relevant supplier could not even with all due care have foreseen or forestalled. In the event that the Company is responsible for any death, injury or illness caused by the negligent acts and/or omissions of its suppliers of services which form part of the Contract then the Company limits its liability, where applicable by the International Conventions. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability the Company may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Contract not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then the Company’s liability will not exceed $1,000. The Company will not at any time be liable for any loss of or damage to valuables of any nature. The Client is precluded from making a double recovery by making the same claims and seeking recovery against the Company and its suppliers, contractors or other third parties.

29. SUPPLIERS AND INDEPENDENT CONTRACTORS

Accommodation, shuttle services or other elements of a program will be arranged by the Company with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. The Company will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the supplier. The liability of the Company will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. Neither, the Company or any carrier is liable for independent contractors. The independent contractors including Local Tour Guides and other local providers of goods and services, do not at any time act as agents or representatives of the Company, not does the Company own or control any such independent contractors. The Company makes no representation of any kind as to their performance and does not undertake to supervise their activities. Any Guest using such services or activities shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. The Company shall not be, or become, liable or responsible in any way for any act or omission of any such provider pertaining to, or arising from, or in connection with such services or activities.

30. PROGRAMS

(a) Definition. Programs include items as listed on the website and in the Program Info Pack. Programs do not include airport, airline or any other applicable taxes, airport transfers, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in program description, tips, items of a personal nature, baggage fees, excess baggage or optional excursions and activities. Programs will include accommodation, educational activities as described in the Program Info Pack and on the website, local contracted services such as local tour guide, a goodbye dinner (if included in the program description), a Program Leader for guidance. Programs include all the following programs, and are not solely limited to: surf n skate, festival, filmmaking and creative programs, volunteering programs, The V Word programs, retreats and cooking classes, and any other programs that might be added in the future, and posted to the website.

(b) Booking: All programs are subject to availability at the time of booking. Bookings only become confirmed with full payment of Deposit and completed Booking Form, Medical Form and Participation Form. Specific refund policies apply, and are specified in this terms and conditions contract.

(c) Payments: Where full payment is not required immediately, a deposit is required as per Section 6 of these terms and conditions. On occasion, the deposit amount may vary from the norm, and in such circumstances the deposit amount will be advised at time of booking. Final balance amount and due date will be advised at time of booking confirmation, and will be paid as per Section 7(a) of these terms and conditions. Where full payment is required immediately, the conditions of the Package will be displayed and upon acceptance the booking will be deemed confirmed.

(d) Alterations and/or cancellations by the Client: Programs can be altered in the following ways: upgrade or downgrade in accommodation (if applicable to that program), extension of dates of accommodation (if applicable), transfer of program to another name, change of volunteer preference (if available), change of main creative activity (eg: from photography to dance, if applicable). All of these alterations must be made 60 days before the start date of a program, with exception to the transfer of name, which is applicable up until 30 days before the start date of a program.

In the event of a Program being cancelled before receipt of full payment, the deposit amount shall be retained by the Company. Other fees will be also be incurred, as specified in section 9 of this contract. All Programs cancelled after full payment is received, are also subject to cancellation fees. These cancellation fees can be equivalent to 100% of the Program price, and are also specified in section 9 of this contract. At the time of cancellation, the Company will advise the Client of the applicable cancellation fees.

(e) Alterations and/or cancellations by the Company: There are occasions where the Company has to make alterations to Programs that are advertised in a brochure or on the website, either before or after a booking has been made. Such alterations can be of a ‘minor’ or ‘major’ in nature. A ‘minor’ alteration is defined as: an alteration in accommodation provider(s) and/or teacher/instructor(s) and/or start or end date of a program within 4 days of the original start or end dates. A ‘major’ alteration is defined as: an alteration that alters the length of the program by more than 4 days and/or an alteration to the start or end dates of a program by more than 4 days from the original dates given, and/or the quality of the Program purchased, and/or a change in location by more than 100km, and/or a change in artistic activity. Where a minor alteration is made to a Program, the Company will advise the Client of such alterations before departure date. No compensation is payable. Where a major alteration is made to a Package, the Client will have the option of selecting one of the following options: 1) Accepting the change, 2) Accepting alternative arrangements that are presented (any cost difference that is less than the original Program cost will be refunded), or 3) Cancelling the package outright for a full refund of monies paid to the Company. While on tour, a change may be forced due to factors outside of The Company’s control. In these situations, alternative arrangements will be provided as circumstances allow. If any change of a minor or major nature is needed due to Force Majeure circumstances as per Section 21 of these terms and conditions, no compensation (outside of the alternatives provided by the Company as above) is payable.

(f) Travel Documents: It is the sole responsibility of the Client to obtain, at his/her expense, all the documentation required by relevant government authorities for the purpose of travel. It is advisable to check with the relevant consulate/embassy/high commission with regard to what documentation is required. If passage or entry is refused, the Company will not be held liable and no refund will be issued.

(g) Baggage: The security of all baggage remains at the Clients’ responsibility throughout the trip. Independent contractors over which the Company has no direct control or responsibility perform baggage handling, however the Company will not assume such responsibility for loss of, or damage to, baggage or other possessions.

(h) Flights and Airlines: All flight times, flight itineraries, carriers and aircraft types are subject to change. Carriers and the Company also reserve the right to add en route stops. The Client agrees that the Company cannot be held responsible or liable if flights are missed or boarding is denied. Further, the Client also agrees that the Company cannot be held responsible or liable for expenses, lost wages or missed vacation time due to flight time changes and/or delays.

(i) Unused services: Missed flights or unused program components are non-refundable and non-creditable for any reason whatsoever. If a Client is a ‘no-show’, or if the program is cancelled after the start date of the program, or if the client leaves a program already in progress, no refund for any unused portion of the program will be provided.

(j) Insurance: Full insurance protection is highly recommended. Insurance as defined in Section 22 of these terms and conditions must also be obtained.

(k) Special Requests: The Company cannot guarantee specific requests such as room location, adjoining rooms, bed preference, meal requirements, volunteer preferences, equipment type (or brand) preferences, location preferences, or any other request. While the Company will attempt to meet such requests, it cannot be held responsible if such requests cannot be fulfilled or if local surcharges are applied.

(l) Notice to travelers: Please be aware that different living standards and practices exist outside of the developed Western World, including but not limited to provision of utilities, i.e. water and electricity, accommodations, services of all kinds, food, food preparation, water quality, security, insects, wildlife and weather conditions. The Client agrees that the Company shall not be responsible or liable for any loss, damage, illness or injury suffered as a result of such different living standards and practices. For information specific to your destination before you travel, please check your government’s official website for Foreign Affairs & International Trade. Program participants will be given the Program Prep Pack to prepare them for their travel adventures, however the Company provides this is a friendly service and will not be held accountable for any misinformation, omissions or any other incorrect or lack of information provided. It is the client’s own responsibility to inform themselves of local laws, immigration requirements and laws, wildlife and insect dangers, local customs and culture, local business practices, water and food standards, etc.

31. SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.

32. SUCCESSORS AND ASSIGNS

These Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal personal representatives, successors and assigns. The Company, Barefeet Adventures, exists under, and is pursuant to, the laws of Australia.

33. APPLICABLE LAW

The Terms and Conditions are subject to Queensland and Australian Law and the exclusive jurisdiction of the Queensland and Australian Courts.

34. PRIVACY POLICY

The Company will provide personal information, as well as any personal information provided in relation to persons whose travel arrangements have been requested by the Client, to suppliers and carriers to enable the operation of the services requested. The Company will do all reasonably possible in endeavoring to protect personal information. Please refer to the website www.barefeetadventures.com for the Company’s Privacy Policy.

35. ONLINE BOOKINGS

All online reservations shall be deemed as booked in Australia, and shall be subject to Australian law and jurisdiction.

36. IMAGES, MARKETING, & CREATIVE PROJECTS

The Client agrees that during the course of a program there may be images, photos or video footage taken by other participants and/or the Company Staff that may contain the Client in part or in whole. The Client agrees that these images may be reproduced by the Company and the Client grants perpetual, royalty-free, worldwide, irrevocable license to reproduce such images, photos or video in any medium for promotion, publicity purposes film projects, photography projects, film festivals, art and photography galleries, museums and all other similar showcasing locations. These terms above will include all film projects and photography projects produced by Barefeet Films, Barefeet Adventures, and participants of any program. The Company will own 100% rights to all the images, recipes, choreography, photography and film projects, and any other artistic project produced as a result of a program. This does not limit the Client, who is able to freely use and showcase the artistic project they worked on, after completion of the program, and with notification to Barefeet Adventures of such use.

37. REFUSAL OF SERVICE

At any time, before or during the booking process, the Company retains the right to refuse service to any Client, for any reason whatsoever, outside of any discrimination or protected class reasons.

38. UPDATING OF TERMS AND CONDITIONS

The Company reserves the right to update and/or alter these terms and conditions at anytime, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions may be found on the Company website www.barefeetadventures.com

ABN 63 168 119 749

©2015 BAREFEET ADVENTURES