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Terms & Conditions

ENTOURAGE TOURS – TERMS AND CONDITIONS

 

  1. DEFINITIONS
  1. Unless the context otherwise requires the following terms shall have the following meanings:
    1. Agreement means these Terms and Conditions, the Booking Form, the Code of Conduct and the Waiver.
    2. Business Day means any day of the week, Monday to Friday, excluding public holidays.
    3. Booking Form means the online forms generated on Entourage’s website for the Customer during the booking process for the tour selected by the Customer and includes the tour description, Inclusions, The Itinerary, Book Your Spot, Registration, Checkout and Payment sections.
    4. Cancellation Fee means:
      1. Where the Agreement is terminated within 6 months of the Tour Start Date – a sum equal to 30% of RRP;
      2. Where the Agreement is terminated within 3 months of the Tour Start Date – a sum equal to 50% of RRP; and
      3. Where the Agreement is terminated within 6 weeks of the Tour Start Date – a sum equal to 30% of RRP.
    5. Claim means any allegation, debt, Liability, proceeding, claims, action, proceedings, notice threatening claim, demands, litigation, judgements, liabilities, suits brought by the Customer, or any third party, howsoever arising and whether present or future, fixed or unascertained, actual or contingent, whether at Law, in equity, under statute or otherwise.
    6. Commencement Date means the first date of the Tour or as notified by Entourage from time to time.
    7. Confidential Information includes:
      1. Any information specifically designated as confidential;
      2. Information that, by its very nature, might reasonably be understood to be confidential or to have been disclosed in confidence;
      3. Technical information concerning the products or materials used in the provision of Services;
      4. Information that would be of commercial value to a competitor of Entourage, Related Body Corporate, other entities or other Customers;
      5. A party’s financial information or performance;
      6. A party’s business information or affairs, including performance, profitability, fees, quotes and details of any transactions in which Entourage is, has been, or may be involved;
      7. Trade secrets;
      8. Customer lists and client information;
      9. Techniques, databases, policies and procedures;
      10. Contractual, technical and production information including supplier records;
      11. Plans, including marketing plans, business projections, business plans and business forecasts concerning a party’s performance or likely future activity;
      12. Notes and developments regarding confidential information; and
      13. Precedents and all other records except for such information that:
  1. Was rightfully in a party’s possession and not subject to an obligation of confidentiality before the Commencement Date; or
  2. Is, or becomes, in the public domain, other than as a result of a breach of this Agreement or of common law obligations.
    1. Content means all written, auditory and visual media including photography, videography, voice recording and written documents whether electronic or otherwise and includes all designs, reports, specifications, calculations, information and documents, stored electronically or otherwise, created by Entourage or any third party engaged by Entourage.
    2. Default Interest means the sum of 2% per annum, calculated accruing daily on a pro rata basis from when the amount became due and owing.
    3. Customer means the customer as entered in and listed in the Booking Form.
    4. Expiry Date means the last date of the Tour or as notified by Entourage from time to time.
    5. Entourage means Entourage Tours Pty Ltd ACN 135 808 427.
    6. Fee means the RRP and includes any surcharge applicable for particular payment methods as set out in the Booking Form or advised by Entourage from time to time.
    7. Force Majeure Event means any event beyond Entourage’s control, including but not limited to:
      1. Fire, explosion, flood, earthquake, volcanic activity, cyclone or natural disaster;
      2. Any third parties’ variation, suspension, cancellation or failure to provide information, goods or services used by entourage in the provision of the services;
      3. Epidemic, pandemic disease or virus;
      4. War, revolution, outbreak of hostilities, riot, civil disturbance, acts of terrorism or any other unlawful act against public order or authority;
      5. Theft, malicious damage, strikes, lock-outs, or industry action of any kind;
      6. Power failure, failure of telecommunications lines, failure or breakdown of plant machinery or vehicles;
      7. Cyber attack or technological disruption;
      8. The death or disablement of an employee essential to the performance of the services.
    8. Intellectual Property means:
      1. Any documents whether electronic or otherwise, including letters, papers, content and electronic passwords or codes;
      2. The entire copyright in all works, including but not limited to all works as defined in the Copyright Act 1968 (Cth) as amended from time to time;
      3. All developments, discoveries, innovations, inventions, novel or technical designs, procedures, concepts and trade secrets; and
      4. Any trade name, brand name, common law trademark or trademark within the meaning of the Trademarks Act 1995 (Cth).
    9. Liability means all liabilities, losses, claims, damages, outgoings, costs and expenses of whatever description and whether present, unascertained, contingent or prospective.
    10. Loss means loss, debts, damage, expense, costs (including legal fees on a full indemnity basis and expenses of whatsoever nature or description), data loss, loss of use, opportunity, production, interest, earnings or profit including liability for consequential or indirect losses, economic losses or loss of profits.
    11. Non-Refundable Deposit means the deposit set out in the Booking Form.
    12. Privacy Policy means the privacy policy on Entourage’s website as amended from time-to-time.
    13. Related Body Corporate has the meaning given to it in the Corporations Act 2001 (Cth).
    14. RRP means the price set out on the checkout page of the Booking Form.
    15. Services means arranging the tour items described in the Booking Form and any add-ons.
    16. Tour means the tour set out in the Booking Form.
    17. Tour Start Date means the first day of the tour as listed in the Booking Form.
    18. Term means the period from the date the Customer accepts this Agreement to the earlier of the date of termination or the Expiry Date.
    19. Waiver means the waiver published by Entourage and available on its website.
  1. SERVICES
  1. The Customer hereby engages Entourage to provide the Services for the Fee.
  2. The Customer may accept this Agreement by:
    1. Clicking ‘I Agree’ when prompted on Entourage’s website; or
    2. Providing the completed Booking Form to Entourage; and
    3. Making full payment to Entourage of the Non-Refundable Deposit.
  3. The Customer’s acceptance of the Agreement may only be rescinded in accordance with the Agreement or with Entourage’s written consent.
  4. Entourage may amend or cancel the Services in its sole discretion at any time effective immediately by providing written notice to the Customer.
  5. The Customer and Entourage agree that they are contracting on an independent basis.

Third Parties

  1. The Customer acknowledges and agrees:
    1. Entourage may from time to time engage third parties on terms as determined by Entourage in its sole discretion and the Customer may not be privy to such matters;
    2. The nature of the Services means that Entourage relies on third parties in order to provide the Services;
    3. The actions of any third parties are outside of Entourage’s control;
    4. Entourage has provided sufficient notice to the Customer of third parties directly involved in the Tour;
    5. It has had the opportunity to undertake its own due diligence enquiries in relation to any third parties involved in the Tour or Services as it deems necessary prior to entering this Agreement;
    6. It is satisfied that the third parties involved in the Tour and the Services are suitable for the purposes of their involvement as evidenced by the Customer entering this Agreement;
    7. It has read, understood and agrees to comply with the terms and conditions of any third party involved in the Tour and Services;
    8. Whilst Entourage will endeavour to notify the Customer of any new third parties becoming involved or any third parties no longer being involved in the provision of Services, the nature of the Services means there are likely to be changes, variations or amendments in this regard and the Customer accepts such as a reasonable and foreseeable risk of engaging Entourage to provide the Services; and
    9. The Customer hereby authorises Entourage to engage third parties on behalf of the Customer at the Customer’s expense and risk in the provision of the Services.
  2. For the avoidance of doubt, in sub-clause 2.6:
    1. Any reference to ‘being involved’ is a reference to a third party directly or indirectly assisting, enabling or providing the Services, whether during the Tour or otherwise; and
    2. Notice is deemed to be given under this clause by way of marketing material, online advertising and information available on Entourage’s website as reasonably accessible by the Customer from time to time.
  1. FEE
  1. The Customer shall pay the Fee to Entourage:
  2. (a) As stipulated in the Booking Form; or
    1. As agreed to in writing by Entourage from time to time in its sole discretion.
  3. The Fee includes the sum of the Non-Refundable Deposit.
  4. The Customer acknowledges and agrees that at no time for any reason whatsoever is the Customer entitled to set-off against, counter-claim against or a refund of the Non-Refundable Deposit except as expressly provided for in this Agreement.
  5. In the event this Agreement is terminated (regardless of reason), the Customer shall pay to Entourage the amount outstanding for Services performed up to the date of termination on a pro rata basis as well as any Loss or Claim incurred by Entourage as a result of the termination including cancellation charges of third parties as calculated by Entourage in its sole discretion.
  6. The Customer consents and agrees that Entourage may at any time in its sole discretion vary the Fee with immediate effect by providing further written notice to the Customer.
  7. The Customer warrants and agrees that:
    1. Additional services required as determined necessary in Entourage’s sole discretion or as requested by the Customer will be charged in addition to the Fee; 
    2. No penalties or reduction to the Fee will be applicable unless specifically agreed by the parties in writing;
    3. The Fee may include fees and charges of third parties and any increase in such will be payable by the Customer immediately upon demand;
    4. The Customer is not entitled to set-off against the Fee any amounts due from Entourage; and
    5. The Fee shall be increased by the amount of any GST, taxes and duties which may be applicable.
  8. In the event the Customer does not make payment to Entourage as set out herein, Entourage reserves the right to suspend the performance of the Services until such time as the amount outstanding has been paid in full and the Customer understands and wholly accepts responsibility for any and all Loss, Claim or Liability arising as a result of Entourage’s suspension of the Services. This clause shall survive the termination of this Agreement.
  9. The Customer agrees that should an amount be outstanding to Entourage for more than 14 days from the date it is due, in addition to any other rights herein, the outstanding amount shall become a debt due and owing to Entourage and Default Interest shall be payable in addition to the outstanding sum immediately upon demand. This clause shall survive the termination of this Agreement.  
  10. The Customer agrees to pay all costs and Loss including Entourage’s legal fees on a full indemnity basis incurred by Entourage in its attempts to recover a debt owing to it. This clause shall survive the termination of this Agreement. 
  11. Recovery costs shall be payable by the Customer notwithstanding any order of a court in relation to the debt claimed by Entourage.
  1. DEFAULT AND TERMINATION
  1. This Agreement shall end on the expiry of the Term.
  2. Should Entourage fail to deliver the Services for any reason whatsoever, the parties are not entitled to treat the Agreement as repudiated, waived or void and Entourage shall not hold Liability for any Loss or Claim from the failure to deliver the Services or any of them promptly or at all.
  3. Either party may terminate this Agreement by 30 days written notice to the Customer.
  4. The Customer may terminate this Agreement by providing by 30 days written notice to Entourage, provided that such termination takes effect at least 6 weeks’ prior to the start of the Tour.

Force Majeure

  1. If Entourage is prevented from or hindered in performing its obligations under this Agreement (‘Obligations’) by a Force Majeure Event, then:
    1. Entourage must notify the Customer within 14 days after it becomes aware of any Force Majeure Event affecting the provision of the Services;
    2. Performance of the Obligations is suspended to the extent that performance is prevented or hindered by the Force Majeure Event;
    3. The non-performance or delay in performance of the Obligations resulting from the Force Majeure Event will not be deemed to be a breach of the Agreement; and
    4. Entourage may in its sole discretion:
      1. Cancel, re-schedule, or modify the Services to account for the Force Majeure event by written notice to the Customer effective immediately; or
      2. Terminate this Agreement by written notice to the Customer effective immediately.
  2. In the event this Agreement is terminated, Entourage may in its sole discretion elect to:
    1. Refund the Customer the sum of the Fee less Variations;
    2. Provide the Customer with a credit note for the sum of the Fee less Variations; and/or
    3. Provide the Customer with a voucher for the sum of the Fee less Variations;

where ‘Variations’ includes the Non-Refundable Deposit, the Cancellation Fee, any fees or charges payable to a third party, the amount outstanding for Services performed up to the date of termination on a pro rata basis and/or any Loss or Claim incurred by Entourage as a result of the termination as calculated by Entourage in its sole discretion.

  1. The Parties agree that the Cancellation Fee is a genuine pre-estimate of the loss Entourage would likely incur as a result of the termination of the Agreement.

Customer’s Default

  1. The Customer shall be in default immediately upon any of the following (‘Customer Default’):
    1. The Customer breaches this Agreement;
    2. Any money payable to Entourage becomes overdue;
    3. In Entourage’s reasonable opinion the Customer will be unable to meet its payments as they fall due pursuant to this Agreement;
    4. The Customer fails to keep Entourage informed at all times in relation to this Agreement or the Services;
    5. The Customer dies, loses capacity, becomes bankrupt or insolvent or executes a personal insolvency agreement;
    6. The Customer undertakes any illegal activity or acts in a manner Entourage believes is unethical or illegal;
    7. The Customer fails to provide Entourage with adequate instructions in relation to the Services;
    8. The Customer fails to comply with Entourage’s reasonable directions or requests; or
    9. For any other reason as reasonably determined by Entourage at its sole discretion.
  2. Immediately upon the Customer’s Default and without prejudice to Entourage’s other remedies:
    1. The Customer indemnifies Entourage from and against all Entourage’s Liability, Claim and Loss including the costs of collection;
    2. Entourage shall be entitled to terminate, cancel or suspend all or any part of the Services or the Agreement by written notice effective immediately;
    3. All amounts owing to Entourage shall immediately become due and payable; and
    4. Default Interest shall be payable on overdue moneys.
  3. If this Agreement is terminated or the Services suspended or delayed for any reason whatsoever, the Customer bears sole Liability for any Loss or Claim it suffers, whether directly or indirectly, in relation to the termination, suspension or delay and any travel plans, insurance claims or any other arrangements in relation to the termination, suspension or delay are to be arranged by the Customer at its sole risk and expense.
  4. Termination shall be without prejudice to any claim either party may have against the other in respect of any breach of the Agreement which occurred prior to the date of the termination.
  5. Regardless of reason for termination, termination will not affect any accrued rights or liabilities of either party nor will it affect the coming into force of any provision of this Agreement which is expressly or by implication intended to come into force or continue on after the termination.
  1. DISPUTE RESOLUTION
  1. A party must not start arbitration, court proceedings or any other proceedings, except interlocutory relief, in respect of any dispute, controversy or claim arising out of or in relation to this Agreement (“Dispute”), unless that party has complied with this Clause.
  2. A party claiming that a Dispute has arisen (“Complainant”) must notify the other party to the Dispute (“Respondent”) of:
    1. The nature of the Dispute;
    2. What outcome the Complainant wants; and
    3. What action the Complainant thinks will settle the Dispute (“Dispute Notice”).
  3. Once a Dispute Notice has been given, the parties must use reasonable endeavours to resolve the Dispute.
  4. If the parties concerned cannot agree how to resolve the Dispute within 10 Business Days of the Dispute Notice being given, each party may take its own advice on the best manner in which the Dispute is to be settled.
  5. The Customer acknowledges and agrees that if the Customer breaches the warranties, representations, indemnities, covenants, agreements, undertakings and obligations ("agreed terms") contained herein, damages may not be an adequate remedy and the agreed terms will be enforceable by injunction, order for specific performance or such other equitable relief as a court of competent jurisdiction may see fit.
  6. If the Fee is disputed, the Customer hereby undertakes to make prompt payment in accordance with this Agreement of the sum of funds not under dispute.
  1. INTELLECTUAL PROPERTY
  1. The copyright and ownership of all Content, developments, discoveries, innovations, inventions, procedures, trade secrets, copyrights, confidential information and/or trademarks, (‘Intellectual Property’) prepared or created by Entourage shall remain at all times vested in Entourage and the property of Entourage.
  2. The Customer consents to being filmed, photographed and recorded by Entourage during the Tour, the copyright to which shall be owned by Entourage or its contractors without payment or compensation.
  3. Entourage may in its sole discretion grant the Customer a revocable, non-exclusive licence to use the Content for such purposes as Entourage may determine in its sole discretion.
  4. The licence pursuant to this Clause does not entitle the Customer to copy and use the Content for any use beyond which Entourage expressly permits and shall not include a licence to reproduce the Content for any use not expressly permitted, commercial or otherwise.
  5. The Customer irrevocably authorises Entourage to publish or use in any way whatsoever, either alone or in conjunction with others, the Content for any purpose in Entourage’s sole discretion including marketing.
  6. The Customer acknowledges and agrees that:
    1. The Customer shall not use, infringe or otherwise appropriate any concept, product, Content or process which is capable of being patented and is developed, discovered or produced by Entourage in the course of providing the Services; and
    2. The Customer must not disclose any Intellectual Property to a person not expressly named in this Agreement as a Customer unless permitted by Entourage.
  1. CONFIDENTIAL INFORMATION
  1. At all times Confidential Information of Entourage or its Related Body Corporate remains the property of Entourage or its Related Body Corporate(s).
  2. The parties:
    1. May use Confidential Information only for the purposes of performing the Services or obligations pursuant to this Agreement; and
    2. Must keep confidential all Confidential Information except for disclosure permitted under this clause and by Law.
  3. A party may disclose Confidential Information to persons who have a need to know for the purposes of performing the Services (and only to the extent that each has a need to know). Prior to such disclosure, the party must direct such person/s that the information is Confidential Information and must be kept confidential (‘Direction’).
  4. The parties must:
    1. Ensure, so far as it is reasonably able to do so, that each person to whom it discloses Confidential Information complies with its Direction and notify all parties of, and take all steps to prevent or stop, a suspected or actual breach of a Direction; and
    2. Provide all assistance reasonably requested in relation to any proceedings a party may take against any person for unauthorised use, copying or disclosure of Confidential Information.
  5. If a party is required by Law to disclose any Confidential Information to a third person (including, but not limited to, government) the party must, before doing so:
    1. Notify the other party and give the other party a reasonable opportunity to take any steps that it considers necessary to protect the confidentiality of that information; and
    2. Notify the third person that the information is Confidential Information.
  6. The Customer hereby agrees it will enter into a non-disclosure agreement prepared by Entourage upon Entourage’s request as determined necessary in Entourage’s sole discretion from time to time.
  1. ENTOURAGE’S OBLIGATIONS
  1. Skill and Care: In performing the Services, Entourage shall comply with lawful requirements and exercise the reasonable skill, care and diligence to be expected of a qualified and experienced member of Entourage’s profession undertaking Services of a similar scope and character.
  2. Complaint Handling: Entourage will investigate any complaint promptly, fairly and effectively and will inform the Customer on how the complaint will be handled including expected timeframes for a response.
  3. Deadlines: Entourage will endeavour to meet agreed deadlines and may cancel or vary such deadlines at any time by providing written notice to the Customer.
  1. CUSTOMER’S OBLIGATIONS
  1. Information: The Customer acknowledges and agrees:
    1. Entourage is providing the Services on the basis of the Customer’s instructions and the information provided to Entourage by the Customer;
    2. The Customer shall supply to Entourage, without charge and in such time so as not to delay or disrupt the Services, all relevant data and information as requested by Entourage from time to time. The Customer warrants that such information provided by the Customer is accurate and correct; and
    3. The Customer undertakes to carefully review and read all documentation and information provided by Entourage to the Customer.
  2. Decisions: The Customer shall give decisions, instructions, consents or approvals on or to all matters properly referred to the Customer by Entourage in such reasonable time so as not to delay or disrupt the Services. The Customer must ensure Entourage is informed at all times in relation to this Agreement and the Services.
  3. Code of Conduct: The Customer shall at all times comply with the Code of Conduct.
  4. Scope: The Customer must promptly notify Entourage of any matter that will change the scope, character, quality or sequence of timing of the Services.
  5. Restrictions: The Customer will not:
    1. During performance of the Services and for a period of 12 months after the Term, seek to entice away from Entourage or solicit the employment, services or engagement in office, of any Entourage’s employees or suppliers in relation to the Services; or
    2. Interfere with Entourage’s performance of the Services.
  6. Contact: The Customer must be fully prepared for and available for the Services as determined by Entourage from time to time.
  7. Updates: The Customer must ensure it regularly reviews any and all marketing material, online advertising and information available on Entourage’s website and/or provided by Entourage to the Customer.
  8. Warranties: The Customer hereby warrants and acknowledges:
    1. Identity: the representations it has made to Entourage about its identity are true and correct.
    2. Insurance: it has obtained all appropriate insurances in respect of acceptance of the Services and participation in the Tour, sufficient to cover them for any instance including Loss, injury or illness.
    3. Travel Documents: it will be in possession of a valid Australian passport and if not an Australian citizen, a valid foreign passport, or official travel document and any visa or other immigration document required for entry into a foreign country and re-entry into Australia.
    4. Travel: it has informed itself of and shall comply with all applicable laws, customs, culture, and travel advice in respect of each jurisdiction listed in the Booking Form.
    5. Health: it has obtained advice from a medical practitioner in relation to the Services and the Tour, has an appropriate standard of physical and mental health, as certified by a suitably qualified medical practitioner, to accept the Services and participate in the Tour and has taken and will take any necessary medical precautions before accepting the Services and participating in the Tour.
    6. Waiver: it has read, understood and accepted the Waiver.
    7. Agreement: It has:
      1. The financial capacity to enter into this Agreement; and
      2. Read and understood this Agreement prior to accepting.
  1. INDEMNITY AND RELEASE

Release

  1. The Customer’s acceptance of the Services and participation in the Tour will be solely at the Customer’s own risk.
  2. Entourage will not be liable to the Customer for any Liability, Loss, harm, injury, disease, illness or death sustained by any person or Loss to property directly or indirectly howsoever caused including in provision of the Services and the Customer indemnifies Entourage from any Liability in respect of any such matter to the extent available at law.
  3. The Customer assumes all risk and responsibility for its medical needs and acknowledges that Entourage is not responsible for the provision of medical treatment or hospital care to the Customer for any reason and at any time whatsoever. In the event of a medical emergency the Customer hereby authorises Entourage to take action deemed in good faith to be necessary for the Customer’s health and safety and the Customer shall bear all Liability for any Loss incurred in this regard.
  4. The Customer acknowledges and agrees that:
    1. Entourage relies on information, goods and services provided by third parties to provide the Services;
    2. The third parties have the ability to vary, suspend or cancel the provision of, or the terms and conditions of the provision of, such information, goods and services from time to time in their sole discretion;
    3. Such decisions are outside of Entourage’s control; and
    4. And the Customer releases Entourage from any Liability in respect of any such matter.
  5. The Customer acknowledges and agrees Entourage shall at no time be Liable for any and all Loss or Claim in relation to:
    1. Any third parties’ variation, suspension, cancellation or failure to provide information, goods or services;
    2. Acts, omissions or defaults of contractors, agents or third parties engaged by the Customer including without limitation third parties engaged by Entourage on behalf of the Customer;
    3. Changes, alterations or additions to the Services or the Tour;
    4. Documentation, information, directions and instructions provided by the Customer;
    5. Delays resulting from an act, omission or default by the Customer whether indirectly or directly; or
    6. Entourage’s good faith exercise of any authority provided by the Customer under this Agreement.

Indemnity

  1. The Customer hereby agrees to indemnify Entourage against the following as elected by Entourage in writing without prior notice from time to time on a case by case basis against all Claims and all Loss howsoever suffered by Entourage or that Entourage may suffer or potentially suffer arising out of:
    1. Any negligent or wilful act or omission by the Customer;
    2. The Customer’s breach of this Agreement;
    3. The Customer’s breach of any Law or custom (including civil and criminal penalties arising from such breach); or
    4. The Customer’s failure to follow travel advice issued by any competent authority;
    5. The Customer’s incompetence, misrepresentation, unlawful activity or carelessness (including the provision of inaccurate or incomplete information or instructions); or
    6. The Customer’s failure to follow the reasonable request or direction of any third party engaged by Entourage or the Customer during the Term;

howsoever caused indirectly or directly to the extent available at law.

Process

  1. The parties agree Entourage may call upon the indemnity and/or release contained in this Clause at any time and the Customer must immediately make good any demand or request by Entourage including without limitation payment of Entourage’s legal fees on a full indemnity basis.
  2. The parties agree:
    1. This Clause shall survive the termination or end of this Agreement; and
    2. This Clause is an essential term of this Agreement;
    3. Entourage is not required to provide notice in relation to this Clause; and
    4. The dispute resolution provisions contained in this Agreement do not apply to this Clause.
  1. PRIVACY POLICY
  1. The Customer confirms that it has reviewed the Privacy Policy on Entourage’s website and as amended by Entourage from time to time and agrees to and accepts the terms of the Privacy Policy.
  2. The Customer acknowledges and agrees that the Privacy Policy may be updated by Entourage and it is the responsibility of the Customer to keep themselves informed of changes to the Privacy Policy.
  3. Without limitation and to the maximum extent permitted at law the Customer agrees that personal information collected from or about the Customer, may be used and disclosed by Entourage for any of the following purposes:
    1. To perform the Service and Entourage’s obligations under this Agreement, any appointment or other agreement;
    2. To promote the Services, Entourage’s business and/or seek potential Customers, including the use of information in relation to their experience obtained through Entourage providing the Services, publication on Entourage’s website, videos, podcast, webinars, social media channels, other marketing media and related matters; or
    3. To disclose information to other parties including advisors, media organisations, property data service providers, on the internet, to potential vendors, or the Customers of Entourage both existing and potential, government and statutory bodies and financial institutions.
  4. The Customer consents to Entourage sending to the Customer by phone, email, SMS/MMS, fax and post, marketing and advertising information and materials in relation to Entourage and its related entities’ products, services, promotions, offers and events. The Customer may opt out of receiving such information by written notice to Entourage.
  5. Entourage shall only use the Customer’s personal information to the extent allowed under the Privacy Act 1988.
  6. The Customer may give written notice requesting that Entourage:
    1. Provide access to or copies of any personal information held by Entourage; and
    2. Correct any information held by Entourage about the Customer, if it is inaccurate, incomplete or out-of-date.
  1. AUSTRALIAN CONSUMER LAW
  1. This Clause 12 applies if the Competition and Consumer Act 2010 (Cth) (‘the Act’) is deemed to apply.
  2. The parties agree:
    1. Notwithstanding anything contained in this Agreement, the agreement and relationship between the Customer and Entourage may be subject to the Act;
    2. The provisions of this Agreement, where in conflict with the Act, shall be read down to the extent required by operation of the provisions of Act;
    3. Entourage does not purport to exclude or attempt to exclude such guarantees provided in the Act; and
    4. The provisions of the Act shall only be enforceable by the Customer in relation to Services purchased by the Customer as a consumer pursuant to the Act.
  3. The Services shall be rendered with all adequate due care and skill, as required by the Act and shall be fit for the purposes disclosed by the Customer to Entourage and delivered within a reasonable time.
  4. Entourage’s services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    1. To cancel this Agreement with Entourage; and
    2. To a refund for the unused portion, or to compensation for its reduced value.
  5. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage. 
  6. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
  1. MISCELLANEOUS
  1. Costs: Each party shall pay their own costs associated with the preparation and execution of this Agreement, however the Customer shall be responsible for all transfer duty and any other tax or fee.
  2. Multiple Party: If a party consists of more than one person, this Agreement binds each of them separately, any two or more of them jointly and an obligation, representation or warranty in favour of more than one person is for the benefit of them separately and jointly.
  3. Statutes: The provisions of any Statute which alters the effect of any provision of this Agreement shall not apply to this Agreement so far as this lawfully can be done.
  4. Severance: If anything in this Agreement is invalid, unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in force.
  5. No Waiver: A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. No waiver is effective unless in writing. The waiver of a power or right is effective only in the specific instance and for the specific purpose for which it was given.
  6. Amendment: Entourage reserves the right to review and amend this Agreement from time to time. An amendment takes effect from the date Entourage notifies the Customer in writing.
  7. Assignment: This Agreement is personal to the parties and may only be assigned the parties’ written consent.
  8. Entire Agreement: This Agreement contains the entire agreement and understanding between the parties on the subject matter of this Agreement and supersedes all prior discussions and agreements. The Customer acknowledges that Entourage’s agents or representatives are not authorised to make any representations, statements, conditions or agreements not expressed by the manager of Entourage in writing nor is Entourage bound by any such unauthorised statements.
  9. Good Faith: Each party agrees that it will do all things and execute all documents necessary or desirable to give full effect to this Agreement even though not specifically provided for.
  10. Business Days: If anything is required to be done on a day that is not a Business Day, then it must be done instead on the next Business Day where “Business Day” means a week day other than a public holiday.
  11. Counterparts: This Agreement may be executed in any number of counterparts with the same effect as if the signatures to each counterpart were on the same instrument.
  12. Warranty of Authority: Each person signing this Agreement as an Officer, Attorney, trustee or other representative of a Party, assures each other Party or signatory that he/she possesses unrestricted authority to execute this Agreement in that capacity at the time of signing.
  13. Contra Proferentum: No rule of construction of documents shall apply to the disadvantage of a party on the basis that the party put forward this Agreement.
  14. Governing Law: This Agreement is governed by the laws of Queensland and the parties irrevocably submit to the exclusive jurisdiction of Queensland courts in respect of any action or proceeding concerning this Agreement.
  15. Further assurances: Each party to this Agreement will, at its own expense and without additional consideration, upon receipt of a request by another party promptly do such further acts and will execute, acknowledge, deliver and record such other documents and instruments as may be reasonably necessary or desirable from time to time to give full effect to this Agreement and any transaction contemplated by this Agreement.
  16. Time of Essence: Time shall be of the essence of the Customer's obligations hereunder unless otherwise agreed in writing by Entourage.
  17. Bargaining Power: The Customer acknowledges that prior to engaging Entourage:
    1. Each party could negotiate for the alteration of or rejection of any of the   provisions of this Agreement; and
    2. There was no material inequality in bargaining power between the parties; and
    3. Each party had consulted or had the opportunity to consult independent legal, financial and taxation advisors.
  18. Electronic: Both parties acknowledge and agree that the original of this Agreement may be in facsimile and/or email form and agree to accept the facsimile and/or email copy as the original and binding agreement. Although this Agreement is not conditional upon the subsequent execution of an original and duplicate by the parties, either party may request the other party to execute an original and duplicate of this Agreement in which case the parties agree to do so.
  19. Notices: Notices or other communication including without limitation any request, demand, consent or approval under this Agreement must be in writing and may be given by a party or that party’s solicitor or authorised representative. The parties agree:
    1. Posted notices will be treated as given two Business Days after posting;
    2. Electronic notices will be treated as delivered on the day it is sent or if sent after 5:00pm, then it is regarded as delivered at 9:00am on the following Business Day;
    3. Notices are effectively delivered if in writing and;
      1. Delivered or posted to the party or its solicitor; or
      2. Sent to the facsimile number or email address of the party or its solicitor; and
    4. By accepting this Agreement, the parties consent for the purposes of the Electronic Transactions (Queensland) Act 2001 to information, notices and communication in respect of this Agreement being given by electronic communication. 
  1. INTERPRETATION

In this Agreement, unless the context otherwise requires:

  1. Terms defined in the A New Tax System (Goods and Services Tax) Act 1999 and the Competition and Consumer Act 2010 have the same meaning;
  2. A reference to any legislation or legislative provision any statutory modification or re‑enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
  3. The singular includes the plural and vice versa;
  4. A reference to a party, individual or person includes a corporation, company, partnership, joint venture, association, authority, trust, state or government and vice versa;
  5. A reference to any gender includes all genders;
  6. A reference to a recital, clause or schedule, annexure is to be a recital, clause, schedule or annexure of or to this Agreement;
  7. A recital, schedule, annexure or a description of the parties forms part of this Agreement;
  8. A reference to any party includes and this Agreement is binding upon that party’s assigns, agents, substitutes, employees, sub-contractors, directors, secretaries, trustees, Related Bodies Corporate, executors, administrators, attorneys, successors or heirs;
  9. A reference to any agreement or document is to that agreement or document (and any of its provisions) as amended, novated, supplemented or replaced from time to time;
  10. Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
  11. A reference to ‘dollars’ or ‘$’ is to Australian currency;
  12. An obligation, representation or warranty in favour of more than one person is for the benefit of them separately and jointly;
  13. Specifying anything after the words “including” or similar expressions does not limit what else is included unless express wording to the contrary;
  14. A party which is a trustee is bound both personally and in its capacity as a trustee;
  15. A time of day is a reference to Queensland time.
  16. Writing includes a facsimile or email and any other means of reproducing words in a tangible and permanently visible form in English;
  17. Headings are for convenience only and do not form part of this Agreement or affect its interpretation; and
  18. Where a word or phrase is specifically defined in this Agreement, other grammatical forms of that word or phrase bear meanings corresponding to and consistent with that definition.

END OF TERMS AND CONDITIONS

 

 

ENTOURAGE TOURS - WAIVER

  1. The Customer acknowledges and agrees:
    1. Some activities of the Tour are "dangerous recreational activities" and as such, have inherent dangers and risks, including risk of injury or death to the Customer.
    2. The nature of the Services means that Entourage relies on third parties in order to provide the Services and the actions of any third parties are outside of Entourage’s control.
    3. It has read the materials provided by Entourage describing the Services and the Customer’s responsibilities while accepting the Services and participating in the Tour, and the potential health, safety, and other risks associated with Customer’s acceptance of and participation in the Services, including accidents or illness, disease, poor sanitation, inadequate medical care and facilities, government restriction, terrorism, Acts of God, crime, the hazards of travel by air, train, boat, and motor vehicle, poor weather conditions and natural disasters.
    4. It has taken the opportunity to ask any questions it may have about the Tour, and the responsibilities and risks involved, and has willingly and freely assumed any and all risks associated with participation in the Services and any ancillary events or activities.
    5. Due to the nature of the Services and the Tour, it would be unreasonable for Entourage to be in any way responsible for any Loss, injury to or death of the Customer and the Customer, to the full extent permitted by law, waives all of his or her legal rights of action against and Liability, Loss, harm, injury, disease, illness or death sustained by any person or Loss to property directly or indirectly howsoever caused including as a result of  Entourage’s negligence.
    6. The Customer further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity.
    7. This waiver binds the Customer and its heirs, successors, assigns and personal representatives.

 

 

ENTOURAGE TOURS – CODE OF CONDUCT

  1. Principles: This Code of Conduct has been formulated to provide a clear statement of expectations Entourage has of Customers in respect of personal behaviour whilst accepting the Services and participating in the Tour.
  2. Application: This Code of Conduct applies to the Customer. It does not apply to staff employed or retained by Entourage.
  3. Alcohol Consumption: Entourage recognises that alcohol consumption is an established part of life in Australia and is enjoyed by many Australians. Entourage will endeavour to encourage moderation and a responsible attitude towards the consumption of alcohol, however it is the responsibility of each Customer to act responsibly and safely in all respects, matters and situations (including the consumption of alcohol) while accepting the Services and participating in the Tour, including the safety of their own person, own property and the safety of persons and property with whom they come into contact.
  4. Use of drugs and illegal substances:  The safety of our customers is our top priority at Entourage and the consumption of drugs on our tours is illegal, unregulated and highly dangerous. The unlawful use, consumption, possession, cultivation or distribution of any substances which are illegal under the laws, rules and regulations of Queensland and/or the laws rules and regulation pertaining to the jurisdiction the Customer is present in is expressly prohibited.
  5. Personal Conduct:
  1. The Customer must behave responsibly in looking after themselves and their property.
  2. The Customer accepts the Services and participates in the Tour on the understanding Entourage will not in any way be responsible for any Loss or damage suffered to person or property suffered by the Customer.
  3. The Customer is responsible for their own conduct at all times. Bullying, discrimination, harassment, vilification and victimisation of other Customers, Entourage staff and the general public are expressly prohibited.
  4. The Customer will at all times obey the laws and regulations of Queensland together with all laws pertaining to the jurisdiction they are present in.
  1. Code of Conduct Definitions:
  1. Bullying means acts of aggression – physical or verbal – against another person which result in the other person being coerced into doing or not doing something, becoming injured, embarrassed, anxious, or seriously uncomfortable. Bullying often involves an abuse of power. While bullying can be an isolated incident it is often repeated.
  2. Discrimination means any conduct which makes distinctions between an individual or a group so as to disadvantage some and to advantage others, or treats an individual or a group less favourably than others, on the basis or because of an attribute or status they possess (for example, sex, race, religious belief, sexual preference, political opinion).
  3. Harassment means any offensive, belittling or threatening behaviour directed at an individual or group which takes place in circumstances in which any reasonable person, having regard to the circumstances, would have been offended, humiliated or intimidated. Harassment is behaviour that is unwelcome, unsolicited, usually unreciprocated and often (but not always) repeated. Sexual harassment is included in this definition and is one particularly serious form of harassment. It occurs where the harassment involves conduct of a sexual nature. In addition to sexual harassment people may experience harassment because of their belief systems, including political or religious beliefs or activities, cultural, racial, or socio-economic background, gender, sexual orientation, parental status, physical features or disability, among other things.
  4. Victimisation means any unfavourable treatment of a person who has made a complaint, or allegation, about a breach of this Code of Conduct, whether the complaint was written or oral and irrespective of whether the person asked for the complaint to be conciliated or investigated. “Vilification” means any form of conduct not undertaken reasonably and in good faith that: a. incites hatred against, serious contempt for, or revulsion or severe ridicule of another person or class of person on the grounds of their race, religious beliefs or practises; or b. is done because of the race of another person and is reasonably likely to offend, insult, humiliate that other person.

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