1. Please read these very carefully!!

Our aim is to be as professional, efficient and courteous as possible with both our customers, and suppliers. In these terms and conditions “we”, “our” and “us” means WeekendBreaks.com.au Pty Ltd, “you” means the person making the reservation and “group” includes all people travelling with you. It is assumed that you are the lead contact for your group and that all correspondence or conversations will take place between you and us. These conditions shall form the basis of the agreement for your Weekend Break and shall apply to the exclusion of any other terms and conditions whether put forward by you, your group or a third party or whether implied by law (insofar as the exclusion of the same is lawful). No alteration to these conditions shall be effective unless expressly agreed to in writing by a director of Weekend Breaks Pty Ltd.

2. Deposits and Confirmation

Bookings cannot be formally confirmed without the payment of a deposit. A deposit to the equivalent of 30% per person, subject to a minimum of $500 is required.

3. Final Payment

In all cases, final payments of the balance of the cost of your Weekend Break are due no later than 28 days prior to your date of departure unless by express written prior agreement from one of the WeekendBreaks.com.au team.

4. Payment Methods

We can accept payments in the following ways:

• By credit card by telephone, either for the deposit required if the booking is made more than 28 days prior to the date of departure or the full balance of the total cost of your Weekend Break if the booking is made within 28 days of the date of departure.

• By PayPal or credit card on our website for the full amount

Payments can only be received by or refunds made to the one person or company making the booking or nominated as group leader. Individual payments cannot be accepted. If full payment is not received by the date specified by us, then we reserve the right to cancel your reservation and cancellation charges will apply as detailed below.

5. Changes by you

You are free to make amendments including amendments relating to the number and identity of people in your group, the activities selected and the accommodation required (“Amendments”) to your booking up to 28 days prior to the date of departure. After this time Amendments can be made only with prior agreement from us. Please be aware that changes in the numbers of people travelling may impact the final price of your booking. Although we tend not to, we reserve the right to charge an administration fee of up to $50 for each change requested and carried out. For bookings made within 28 days of your weekends, your group details and requirements are required immediately and can only be changed in exceptional circumstances.

6. Cancellations

All cancellations must be received in writing and the date of cancellation is that upon which written cancellation is received. Cancellation charges are as follows:

• Less than 14 days from date of departure (“DOD”): 100% of the total value of your Weekend Break

• Between 28 and 14 days from DOD: 50% of the total value of your Weekend Break

• More than 28 days from DOT: No cancellation charge.

• Insurance premiums or prepaid tickets or vouchers. Any time 100% of the price of such premiums, tickets or vouchers.

7. Late Bookings

For bookings made within 28 days of departure, the full balance is due along with your deposit. Final numbers and full rooming list must be provided within 3 days of making your booking.

8. Insurance

It is your responsibility to ensure that you have adequate insurance cover for your Weekend Break.

9. Terms and Availability

In the unlikely event that our suppliers' terms and/or availability for your group changes after you have made a booking, we will do our utmost to ensure you experience as little disruption as possible. We offer goods and services on behalf of our suppliers and do so in good faith. If we are unable to make alternative arrangement in the case of a supplier cancellation then we will offer an alternative or a refund for that part of your booking. However this will not apply in the case of weather dependent activities (Skydiving, Ballooning etc) where we will offer a voucher to be redeemed within the following six months of your date of travel. In any event, we shall not be liable for any delays or any failure to perform any of our obligations under these conditions, or any third party obligations, caused by any factor beyond our reasonable control, including but not limited to acts of terrorism, natural disasters, poor weather conditions and the declaration of war.

10. Price Changes

We are confident that at the time of booking, the price of your weekend will not change. All prices quoted by us are based upon costs current as at the booking date. However in some circumstances prices changes may be unavoidable. If you have made a booking with us more than 28 days prior to your date of departure and our costs should significantly change after having taken your booking we will do our best to notify you of any likely change in price no later than 28 days before you are due to travel. You are then free to cancel all or part of your booking within 7 days of this notification. If you don’t cancel then we assume that you have accepted this price change.

If you have made your booking within 28 days of your date of date of departure then we will do our best to ensure that there are no price changes although this cannot be guaranteed and we reserve the right to demand payment for any additional charges owing to the nature of the late booking. UNLESS, if you notify us of change in the number of people travelling in your group then we unequivocally reserve the right to change the price of your WeekendBreaks at any time to reflect extra costs incurred in transfers, group booking costs, administration etc.

11. Our Liability

Provided that nothing in this condition shall operate so as to exclude our non-excludable liability in respect of death or personal injury caused by our negligence, or to affect your statutory rights as a consumer, or to exclude liability for fraudulent misrepresentation:

• We shall not be liable to you or your group in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which you or your group may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of these conditions by us our servants or agents, in a sum which is greater than the price of your WeekendBreaks; and

• We shall not be liable to you or your group in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits and/or less of production or any indirect or consequential (including economic) loss of any kind which you, your group, or any member of your group (including negligence) in the performance of these conditions by us our servants or agents.

12. Health and Safety

We put a lot of effort into ensuring that our suppliers adhere to strict safety standards and are covered by the appropriate risk assessments and insurance. In return you and your group undertake to comply with all instructions relating to your WeekendBreaks received from us or any of our suppliers from time to time and to take such other steps sufficient to ensure, so far as is reasonably practicable, that your WeekendBreaks will at all times be safe and without risk to health. As a result, you may be asked to sign disclaimer forms prior to commencement of some of your activities. Also some of the activities have age, height, weight or other special restrictions. If you feel that any of your party or group may fail to meet these then you must let us know at the time of booking your weekend.

13. Behaviour

As a customer of WeekendBreaks.com.au you are expected to respect your environment and other people around you. All suppliers and hotels have every right to terminate, without notice, your stay or activity under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases all insurances will be invalidated and you will not have any entitlement to a refund of any kind whatsoever. We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of drink or drugs. Please also be aware that some hotels and suppliers may require a behaviour 'bond' to be placed on hold with a credit card or cash, upon check in/arrival. We will do our utmost to give you prior notice where this might happen, but in some extreme cases this may not be possible. Please check with us when paying your final balance.

14. Data Protection

By giving us your name and personal details you consent for these to be used as necessary in processing your booking and complying with legal requirements (e.g. passing passenger lists to airlines and ferry operators). We may also use your details to send you future holiday brochures or advise of special offers from ourselves. We won't pass on your details to any third parties without your prior approval. Sensitive personal information that you give us will only be used when it is necessary for us to communicate your needs to a destination hotel/s and/or carrier/s.

15. Our Websites and Brochures

The descriptions and illustrations on any of our literature or our websites, including www.weekendbreaks.com.au and any other websites that we may operate from time to time (“Websites”) or any third parties working as our representatives are given as approximate representations only and given in good faith. We reserve the right to change any supplier at any moment where we believe levels of safety service or value are not being upheld, or for any other reason. In using our websites, you agree to the following:

• We authorise you to view and download a single copy of the material on our Websites solely for your personal, non-commercial use.

• The contents of our Websites, such as text, graphics, images and other material (“Material”), are protected by copyright under both Australian and foreign laws. Unauthorised use of the Material may violate copyright, trade mark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.

• You may not sell or modify the Material or reproduce, display, perform, distribute or otherwise use the Material in any way for any public or commercial purpose.

• The use of the Material on any other website or in a networked computer environment for any purpose is prohibited. The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using our Websites and the Material.

• We do not warrant that the Websites will operate error-free or that this Website and its server are free of computer viruses and other harmful material. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

• The Websites and Material are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. We make no warranties about the accuracy, reliability, completeness or timeliness of the material, services, software text, graphics and links.

• As a user of our Websites, you are responsible for your own communications and are responsible for the consequences of any communications you post via our Website enquiry form. You must not post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, or post a sexually explicit image, or post advertisements or solicitations of business, or post chain letters or pyramid schemes, or impersonate another person.

• Our Websites contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third party websites. We are not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.

• We may use the information we obtain relating to you, including your IP address, name, mailing address, e-mail address and use of our Websites, for our internal business and marketing purposes only.

16. Complaints

Should a customer wish to lodge a complaint, they must submit the complaint in writing within 30 days after your date of departure and it may be served either by post or by facsimilie transmission. In all instances where the complaint relates to a third party service provider, the customer must first raise the issue directly with the service provider, to provide them with a chance to rectify the situation.

17. General

These terms and conditions are in place to ensure the smooth running and enjoyment of your weekend. They are governed by Australian Law and shall be subject to the exclusive jurisdiction of the Australian Courts. It shall be your responsibility to ensure that all requirements applicable to your WeekendBreaks, including but not limited to all necessary licences, permits, passports and visas, shall have been obtained by all members of your group.
The following general conditions shall apply:

• These conditions are personal to you and your group. You or your group shall not assign, transfer or charge your rights and responsibilities under these conditions or any of them, without our prior written consent.

• The provisions of these conditions are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.

• The headings in these conditions are for convenience only and do not affect the interpretation of the agreement,

• All notices under these conditions shall be in writing and may be served by post or facsimile transmission addressed to the other party at the address given to the other party for the purpose of service of notices under these conditions and every such notice shall be deemed to have been served by post at the expiration of 48 hours after despatch of the same or if sent by facsimile transmission at ten hours local time on the next normal business day following despatch and in proving service it shall be sufficient to show in the case of a letter that the same was duly addressed prepaid and posted in the manner provided and in the case of a facsimile transmission a transmission report that it was transmitted to the correct telephone number. Saturdays, Sundays and Public Holidays shall not in any event be treated as days on which service is effected, and service shall be deemed to take place on the next normal business day.

• For the avoidance of doubt nothing in these conditions shall confer on any third party any benefit or the right to enforce any provision of these conditions.