STHAU WEBSITE TERMS AND CONDITIONS
By accessing the Site you accept without limitation or qualification all of these Terms and Conditions and any subsequent amendments or variations as we, in our sole discretion, may make from time to time.
This document and the documents referred to below constitute a legally binding agreement between you and Sports Travel and Hospitality Australia Pty Ltd ACN 638 319 543 (STHAU) and it may be enforced by STHAU or in STHAU’s sole discretion any subsidiary undertaking of STHAU from time to time (and “STHAU” shall be read accordingly for the purposes of these Terms and Conditions).
These Terms and Conditions set out your rights and obligations and those of STHAU in relation to your access to and use of the internet site operated by us with the domain name https://www.sthaustralia.com (the “Site”) which expression shall include all emails (including Updates by Email as defined below) or other communications sent to you via the Site or from or on behalf of STHAU and all information, products, software, services, features and materials contained on or offered in conjunction with the Site.
3. THE SITE
Anyone who accesses the Site is a visitor (a “Visitor”). Visitors are able to access information about the Site. As a Visitor, you will be able to access material on most areas of the Site.
3.2 System Integrity
You undertake to us that you will not use and that you will not permit the use of any device, software or programming routine that interferes or attempts to interfere with the working and functionality of the Site or otherwise do anything which is outside of the scope of your reasonable use of the Site. You undertake not to take or permit the taking of any action that (in our sole discretion) imposes an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not use any robot, spider, other automotive device or manual process to monitor or copy our web pages or the content contained on the Site without our prior written consent.
4. USE OF THE SITE
The Site and Updates by Email include facts, views, opinions and recommendations of individuals and organisations deemed of interest. We do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.
The content on the Site, including any research, does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by users.
Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.
We, in our sole discretion, may add, delete or change some or the entire Site at any time. The content contained in the Site is presented for informative purposes only. Nothing contained on the Site should be considered a substitute for professional advice and to the extent necessary you should seek the same independently.
4.2 Proprietary information
You acknowledge and agree that the materials used and displayed on the Site including but not limited to text, music, software, sound, photographs, graphics, video, page layout and design, illustration and artwork, names, logos, trademarks, service marks and all other materials are the property of STHAU/Rugby Australia and/or their licensors, and are protected by copyright trademark and other laws and you undertake not to infringe or permit the infringement of the same in any way whether in whole or in part.
You undertake not to modify, copy, reproduce, re-publish, upload, post, transmit, rent, loan, sell, lease, license, sub-license or distribute any material on the Site or create in any way content and/or derivative works based on the content of the Site or the Site itself or services provided by, or on behalf of STHAU in whole or in part without our prior written consent.
5. UPDATES BY EMAIL
We may give you the option to subscribe to our email service which will give you information on offers, update you on tours organised by us and other events, news or articles which we consider to be of interest to you. Your use of the content received through the email news service will be subject to these Terms and Conditions.
6. LINKS TO THIRD PARTY SITES
We may provide links to other third party web sites or resources. These links are provided solely as a convenience to you and are not an endorsement by us of the contents of such third party web sites. We have no control over such sites and resources and you acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, product, services, offers or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such content, goods or services on or available through any such site or resource. If you decide to access linked third party web sites you do so at your own risk. Any concerns regarding any external links should be directed to its respective site administrator or web master.
If you would like to link to the Site you must first obtain written authorisation from STHAU (such authorisation being revocable by STHAU at any time), must read and comply with the following guidelines and all applicable laws, specifically points a-g below. A web site that links to the Site:
(a) may link to, but not replicate or otherwise use, the content of the Site;
(b) must not create a frame or any other browser or border environment around the Content;
(c) must not in any way imply that STHAU is endorsing it or its products or services;
(d) must not misrepresent, or do or permit to be done anything which may reasonably lead to confusion over, its relationship with STHAU;
(e) must not present false information about STHAU;
(f) must not be a web site or WAP site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
(g) must not be a web site or WAP site that contains content that could be construed as distasteful, offensive or controversial.
We expressly reserve the right to request that any link in breach of these terms is removed immediately and to take whatever other action we deem appropriate.
8.1 Termination of these Terms and Conditions
We reserve the right to suspend or terminate your account, which is or appears to us to be in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or other misuse of the services offered through this Site. If you hold such a suspended or terminated account you may not re-register for the Site without our prior written consent. We may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms and Conditions.
If any proceeding is brought by or against you under the bankruptcy or insolvency laws of any jurisdiction, we shall be entitled to terminate these Terms and Conditions forthwith.
You agree to pay, indemnify, and hold STHAU (and its directors, officers, employees and agents) harmless (and continue to) from any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to:
(1) any third party claim, action or allegation of infringement, misappropriation, or violation of copyright, trademark or other proprietary rights of any third party based on any content (including but not limited to your Postings) submitted by you;
(2) any breach of these Terms and Conditions by you;
(3) any third party claim action or allegation brought against STHAU arising out of in relation to a dispute between Members or in relation to your use or misuse of the Site; and/or
(4) any action taken by STHAU under your instructions in relation to the use of the Site.
8.3 Disclaimer of Warranties
Your use of the Site and any services offered on or in connection with your use of the Site is at your sole risk. Services provided with the Site are provided on an “as is” and “as available” basis. We to the fullest extent permitted by law disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy reliability, completeness or accuracy of the material, services, software, text, graphics, and links.
We make no warranty or representation that:
(1) the service will meet your requirements;
(2) the service will be uninterrupted, timely, secure or error free; or
(3) the quality of any services information or other material obtained by you through your use of the Site will meet your expectations.
If your use of the Site will require your replacing equipment or data you will be responsible for the costs of such replacement.
If you are dissatisfied with any part of the services the Site or with these Terms and Conditions or any other rules or policies your sole remedy is to discontinue use of the Site.
8.4 Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct (other than for death or personal injury arising directly from use of the Site), indirect incidental, special, consequential or exemplary damages including but not limited to in relation to all types of damages, loss of profits, goodwill, use, data or intangible losses (even if we have been advised of the possibility of such damages) resulting from:
(1) the use or the inability to use the Site or any service provided in connection the Site;
(2) the cost of procurement of substitute and services resulting from any, data, information, services purchased or obtained and messages received and transactions entered into through or from the Site;
(3) unauthorised access to or alteration of your transmissions or data;
(4) statements or conduct of any Member or third party in relation to the Site or;
(5) any other matter relating to the Site or service provided in connection with the Site.
In no event will our liability arising out of or in respect of these Terms and Conditions exceed $500 except in relation to death or personal injury.
Some jurisdictions do not allow the exclusion of certain warranties with a limitation or exclusion of liability for incidental or consequential damages. Accordingly some of the above limitations of this section 8.4 may not apply to you.
8.5 No Association
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between STHAU and you is intended or created by these Terms and Conditions.
8.6 No Assignment
You may not assign your rights or delegate (or sub-contract) your duties under these Terms and Conditions.
8.7 Suspension or Discontinuance of Service
Without prejudice to Clause 8.1 STHAU may suspend or discontinue the Site or your access to the Site with or without cause and with or without notice.
8.8 Force Majeure
STHAU shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure results from any act of God or other cause beyond its reasonable control (including without limitation, any mechanical, electronic or communications failure)
8.9 Entire Agreement
These Terms and Conditions (as amended from time to time) comprises the entire agreement between you and STHAU in relation to your use of the Site and governs the use of the Site and any services provided to you in connection with the Site. Without prejudice and subject to Clause 3.1 it replaces and voids any prior agreement between you and STHAU, whether written or verbal, in relation to the Site or any services provided to you in relation to the Site. You may also be subject to additional terms and conditions when you use affiliate or other STHAU services, third-party content or third-party software.
We make no claims that the Site is appropriate for any particular purpose or audience, or that it may be downloaded outside of Australia. Access to the Site or use of the Site may not be legal by certain persons in certain countries.
Each provision of these Terms and Conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
8.11 No waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
8.12 Law and jurisdiction
All legal issues arising from or related to the use of the Site or any services provided in relation to the Site shall be construed in accordance with and determined by the laws of New South Wales and you hereby agree to submit to the exclusive jurisdiction of the New South Wales Courts.
STHAU BOOKINGS TERMS AND CONDITIONS
Please read the following Terms and Conditions carefully before purchasing a package. By placing a booking with STHAU, you agree to be bound by each of the provisions of these Terms and Conditions (the “Terms and Conditions”).
References to “STHAU”, “us”, “we”, and “our” are to Sports Travel and Hospitality Australia Pty Ltd ABN 11 638 319 543, and references to “you” are to you as the customer that purchases (or otherwise obtains or uses) a Package.
KEY PAYMENT TERMS
Your deposit of 20% is payable at the time of Booking and is non-refundable except in the case of cancellation pursuant to clauses 2.5 or 7.3.
NOTE: In the Event that you cancel your Booking, the cancellation fees in clause 4.2 will apply.
In these Terms, the words and expressions set out below shall, unless the context otherwise requires, have the following meanings set out in Appendix 1 of these Terms and Conditions:
1. Booking Conditions
1.1 Age: You must be at least 18 years old to purchase a Package.
1.2 Lead booker: If you are making a Booking for more than one person, the person submitting the online Booking and/or who signs the Booking form is the “lead booker”. The lead booker is responsible for:
(a) Making full payment on the price of the Package(s) purchased, including any insurance premiums and cancellation or amendment charges;
(b) Keeping all other people for whom the Booking is made fully informed, as all documents and information regarding the Package will be sent to the lead booker; and
(c) Procuring that all other people for whom the Booking is made understand, agree to and comply with the provisions of these Terms and Conditions. For the avoidance of doubt, the lead booker shall be responsible for any breach of these Terms and Conditions by any other person for whom the Booking is made or to whom the lead booker makes a Package available.
1.3 Insurance: If purchasing a travel Package, you must purchase adequate travel insurance for you and all other members of your party at or around the time of purchasing your Package and in any case prior to departure on your travel date. Subject to clause 4, STHAU will not be liable to provide a refund or cancel your Booking if for any reason you are unable to utilise the Package other than for a reason attributable to STHAU.
1.4 Consent to photos: Photographers and film makers may be in attendance and may capture your image. It is a condition of purchase of a Package that you consent to being photographed, filmed, identified and/or otherwise recorded by STHAU and/or the Event organiser. Such persons, without payment, shall have the right to use any such photographs, film or recordings both during and after the relevant tour, for the maximum duration permitted under the applicable laws and, when applicable, at least until they are in the public domain, in any content format and through any media or technology whether now existing or created in the future and whether such use is commercial or non-commercial, including without limiting the foregoing, for the purposes of marketing our services in brochures and/or on any website.
1.5 Event organiser Terms and Conditions: you must comply at all times with the relevant Terms and Conditions of the organiser of the Event or the operator of the venue where the Event is taking place.
2.1 All prices are stated in Australian Dollars per person (accommodation is on a “twin-share” basis) and include any applicable GST.
2.2 Prices are based on payment by internet banking electronic funds transfer, credit / debit card, or cheque.
2.3 Please note that for contractual reasons, the Package price cannot be itemized. The Package price only includes the services specified in your itinerary. Any personal incidental costs incurred during travel are excluded.
2.4 Each amendment made to the Booking within 100 days of the travel or Event date (as applicable) will incur an amendment fee of $100 per amendment per person, in addition to any fees charged by suppliers. No changes are permitted within 14 days of the travel or Event date (as applicable).
2.5 Prices are based on supplier costs, exchange rates, taxes, levies, and surcharges at the time of publication. Prices are subject to change due to currency fluctuations, inflation and/or increase in supplier costs and regulatory charges at any time until full payment is received. If we advise you that the price of the Package(s) has changed substantially pursuant to this clause 2.5, you have the right to cancel your Booking in accordance with clause 4.4 and we will refund your deposit to you.
3. Deposit and payment
3.1 Pursuant to these Terms and Conditions, you can place orders for the purchase of Packages from STHAU on this website, and STHAU will provide the number and type of Packages ordered by the Customer and accepted by STHAU. Numbers available for purchase for each type of Package are limited. The number of Packages per Event that you may purchase will be determined by STHAU in its sole discretion.
3.2 STHAU shall be under no binding commitment to provide any Package in relation to an order for purchase, unless and until STHAU dispatches an Acceptance email to you. Upon the dispatch of an Acceptance email by STHAU to you, a sale-and-purchase agreement for the type and number of Packages as explicitly stated in the Acceptance email (the “Booking”) shall be deemed concluded between you and STHAU. If the Acceptance email sent to you by STHAU has an error, you will be notified of the error by an email detailing the correct information. For the avoidance of doubt, STHAU shall refund to you any monies paid to STHAU for the Package order to which an Acceptance email has not been dispatched by STHAU.
3.3 If you make a Booking more than 100 days before the travel date (for travel Packages) or the Event date (for hospitality only Packages):
(a) A non-refundable deposit of 20% of the Package price for all Packages is due at the time of the Booking.
(b) Full payment for airfares quoted outside of group allocations is due at the time of Booking (if applicable).
(c) The remaining balance is due 100 days before the travel date (for travel Packages) or the Event date (for hospitality only Packages).3.4 100% of the Package price is due at the time of Booking if you place your Booking within 100 days of the travel date (for travel Packages) or Event date (for hospitality only Packages).
3.5 Payments can be made by internet banking electronic funds transfer, cheque, Visa, Mastercard, or American Express. Please note that a credit card service charge of 2.0% will be incurred for any payments made by Visa or Mastercard and 3.1% for any payments made by American Express.
3.6 If you pay by internet banking, please quote your Booking reference and surname or invoice number in the transaction to enable us to allocate and identify your payment correctly.
3.7 Payment by cheque will only be accepted if the cheque is drawn on an Australian bank account.
3.8 If any payment is not received by us within the timeframes outlined above, we reserve the right to cancel your Booking without refund to you of any amounts already paid to us.
3.9 If STHAU is unable to supply you with your ordered Package(s) for any reason including an error on the STHAU website such as an incorrect price being displayed or if STHAU cannot obtain the relevant Tickets or Packages from the Event organiser, STHAU will inform you of this by email and will cancel your order. If you have already paid for the Package(s), STHAU will refund you the full amount paid and will incur no further liability to you.
4.1 All cancellations must be requested in writing to email@example.com from the lead booker, and are only effective from the date they are received by our office.
4.2 The following scale of cancellation fees will apply from the date the request to cancel is received in accordance with clause 4.1:
|Time before departure/ Event date||Cancellation fee as a % of the total Package price retained|
|More than 100 days||20%|
|100 days or less||100%|
4.3 Most of our arrangements with suppliers are non-refundable and we are under no obligation to pursue any of our suppliers for refunds.
4.4 Except as provided under clauses 2.5 and 8.3, if you cancel your Booking for any reason the applicable cancellation fee, as outlined in clause 4.2, will be retained by STHAU and non-refundable.
4.5 Should you decide to cancel under clauses 2.5 or 7.3, you must exercise your right to do so within 14 days of the issue date printed on your revised invoice. On receipt of your notification that you wish to cancel, we will refund your deposit to you and we will have no further liability to you.
5. Unused services
5.1 Without limiting any other provision of the Terms and Conditions relating to refunds or cancellation, refunds will not be provided where for any reason, including without limitation due to illness or personal choice, you do not utilise part of or all of the Package inclusions.
6. Changes by us
6.1 Because Packages are planned several months in advance, we may occasionally need to make changes to Package inclusions. We reserve the right to make changes to your itinerary at any time.
6.2 We will advise you of changes at the earliest possible date.
6.3 Some suppliers of the services included in your Package reserve the right to cancel or amend the services they provide. As such, STHAU will use reasonable endeavours to provide alternative services, however we cannot be held responsible for any such changes imposed by the supplier.
7. Tour group sizes
7.1 Prices and arrangements have been made based on minimum group sizes. Completion of the Booking and payment process for the tour Package is not confirmation that the tour will proceed.
7.2 In the Event that minimum tour numbers are not met, we reserve the right to impose a surcharge, amend itinerary Events so that the tour may proceed, and/or cancel the tour.
7.3 Should we choose to impose a surcharge, you will have the right to cancel in accordance with the provisions of clause 4.5.
7.4 Should we choose to cancel the tour, you will be entitled to a full refund of the monies paid by you to us and we shall have no further liability to you.
8.1 All flights are not considered as part of your Package and are considered a separate product booked on your behalf with the relevant airline and are not provided by STHAU under these Terms.
8.2 In the Event that flights are cancelled or postponed for you cannot fly for any reason beyond our control, all refunds will be in accordance with the relevant airline’s Terms and Conditions. STHAU cannot be held responsible for your inability to travel. If you cannot travel for any reason outside of our control, you will not be entitled a Package refund provided STHAU can fulfil the Package.
8.3 As airlines reserve the right to alter schedules, STHAU cannot be held responsible when conﬁrmed ﬂights are subsequently changed or cancelled. Once issued, airline Tickets are non-refundable and non- transferable. Please refer to the airline fare rules and conditions of carriage.
8.4 Domestic connections from main centres will be specified if available. Add-on fares from other domestic points within Australia are available at extra cost. Please contact us if you require assistance in this regard.
8.5 All Taxes and fees associated with the airfare (including fuel surcharges, departure taxes and government levies) are included in the Package price but are subject to change without notice.
8.6 Subject to availability and payment of the additional specified price, you may upgrade your flights. If flight upgrade payments are non-refundable, we will notify you of this beforehand and as such if you cancel a Package that includes an upgraded flight you will not be reimbursed for these payments.
8.7 All travel booked as part of a Package will be subject to the relevant travel provider’s conditions of carriage in force from time to time. We shall not be liable for any breaches by you of the conditions of carriage and any subsequent refusal of the airline to allow you to travel.
8.8 You must arrive prior to the check in, and boarding times specified by the relevant airline or other travel service providers. We are unable to delay departure times and therefore will not be liable should you miss a departure time. We shall not be required to hold up a flight (or other travel service) to wait for you or to provide a seat on any other flight (or other travel service) if you do not arrive on time and miss the departure.
8.9 All journey times are approximate. We shall not be responsible for delays or cancellation caused by reasons outside of its direct control.
9.1 While we will endeavour to secure your preferred room request with the hotel, we are unable to guarantee these requests due to limitations on the number and types of rooms available.
9.2 Hotel and facility descriptions on the STHAU website and other publications are based on current hotel guides and information provided by suppliers and may change at any time. Pictures may not show the particular room, décor, view, or other specifications included in your Booking.
9.3 Bonds or credit card imprints may be required by hotels. These are usually requested by the hotel at the time of check-in.
9.4 STHAU will not be responsible for any charges for additional hotel services used by you or any costs charged by hotels due to damage caused by you, or for the return of any part of a bond payment.
10. Tour merchandise
10.1 Where applicable, please choose tour merchandise sizes carefully as it will not be possible to exchange these items at a later date.
10.2 While every effort will be made to ensure all tour merchandise is correct, we cannot accept responsibility if the merchandise does not meet your personal expectations due to the limitations of the sizes, merchandise, or styles available.
11.1 All Tickets included in your Package are supplied in accordance with the Ticket Terms and Conditions of the entity hosting the Event, for which an administration fee is paid. This is included in the price of your Package. You agree to comply with the relevant Ticket Terms and Conditions.
11.2 The Tickets that form part of your Package may not be resold or transferred without our prior written consent, and you cannot advertise or offer a Ticket for transfer or resale on the internet or through any other medium. Tickets also cannot be used for advertising, promotion or other commercial purposes (including prizes, competitions or trade promotions) or to enhance the demand for other goods or services without the prior written permission of the Event organiser.
11.3 If we are made aware of any prohibited use of your Tickets, we reserve the right to cancel your Tickets with no liability to you and we may refuse to transfer your Booking.
11.4 Subject to Clause 18, if a Ticket to an Event you are scheduled to attend is cancelled for any reason that cannot be attributed to you (including but not limited to cancellation or postponement of a match, no spectators being permitted to attend a match, or the match being played with reduced spectator capacity), we will refund you the face value of your Ticket if we are able to obtain a refund from the Ticket issuer. Your Package will otherwise be unaffected by the cancellation or postponement and we will continue to provide you with the agreed services. We recommend you check your travel insurance to make sure that you are covered if the Event that a Ticket to an Event you are due to attend is cancelled or postponed.
11.5 We will distribute your Tickets to you in a manner that we deem most appropriate. We will let you know which method of distribution we intend to use prior to departure but reserve the right to amend this at any time. Once distributed Tickets are your responsibility and cannot be replaced. You must display the correct Ticket to gain entry to the Event, and the Event organiser reserves the right to refuse your entry if you do not display the correct Ticket. STHAU cannot be held responsible and is not liable for any loss if you are refused entry for displaying incorrect Ticket.
11.6 Please note that STHAU cannot be held responsible where the position or perceived quality of your seat at the Event does not meet your personal expectations.
11.7 If you would like your Ticket seating allocation to be “linked” to other customers, please speak to one of our consultants. While every effort will be made to allocate seats for linked Bookings together, this will be dependent on the Ticket allocations we receive and cannot be guaranteed.
12.1 The fixtures and itineraries shown on the website and any STHAU published materials are correct at the time of publication but are subject to change without notice. Without limiting the foregoing, if the Event schedules are changed due to circumstances beyond the control of STHAU, the Package inclusions and pricing may have to be altered.
13. Special events and promotions
13.1 The celebrities or players in attendance at an Event are at the complete discretion of STHAU and you acknowledge that the people advertised as being in attendance at an Event may change at short notice.
13.2 The date, time and venue of an Event may change due to reasons outside our control. We are not responsible for any additional costs if such changes do not fit in with your travel and accommodation plans.
14. Our responsibilities
14.1 The services that we supply consist solely of:
(a) Arranging and coordinating travel, accommodation, Event Tickets, corporate hospitality and associated Events; and
(b) Making Bookings and issuing Tickets and vouchers to customers for the provision of services and facilities by suppliers.
14.2 We undertake to perform these services in accordance with the relevant laws, with reasonable care and skill. However, we will not be held liable for any loss, damage, or claim arising from acts or defaults outside the control of STHAU and its employees – including (but not limited to) suppliers of travel, accommodation, food and beverage, hospitality, and Event Tickets in connection with your Package.
14.3 To the extent permitted by law, our liability to you and your party will be limited to the value of the total cost of your Package.
15.1 Please check all of the conﬁrmation letters and documentation distributed to you in relation to your travel and accommodation to ensure it fully meets your requirements. You must bring any errors to our attention at least 14 days before your travel date or we cannot guarantee the errors will be corrected to your satisfaction. STHAU will not accept responsibility for any documents subsequently altered without our consent.
16. Passport and visa requirements
16.1 If your Package includes services fulfilled outside Australia, you will need a current passport that must be valid for at least six (6) months after your return to Australia.
16.2 You must check passport, visa, immigration, health, and customs regulations and requirements well in advance. It is your responsibility to ensure you have the correct documentation to allow your entry overseas and/or return to Australia.
16.3 Official travel advice issued by the Australia Department of Foreign Affairs and Trade is available by visiting: https://www.smartraveller.gov.au. We recommend that you review and consider this information prior to making your Booking and prior to departure.
17. Accident compensation
17.1 To the extent permitted by law, STHAU is not responsible for any personal injury you or any of your party suffer during your travels or arising out of or in connection with use of a Package.
18. Force majeure
18.1 If we are delayed in or prevented from performing our obligations due to any Event or circumstances beyond our reasonable control (including, but not limited to, natural disasters, war or riots, acts of terrorism (including the threat of terrorism), disease, epidemic, pandemic, government policy, host union decision, closed or congested airports, technical problems and including for the avoidance of doubt any rescheduling, relocation or cancellation of any Event as a result of any of the foregoing (“Force Majeure Event”)), then such delay or non-performance shall not be deemed a breach or entitle a claim for injury, damage, loss, delay, additional expenses or inconvenience.
18.2 Our obligations shall be suspended while such Force Majeure Event continues.
18.3 In the Event that part or whole of the travel Package cannot be performed due to a Force Majeure Event, we will take all reasonable steps to source refunds from third party suppliers to the maximum extent possible subject to deductions for reasonable costs and expenses.
19. Limitation of liability
19.1 Except as required by law (and to the minimum extent required by law), neither party shall be liable to the other for any indirect or consequential losses, costs or damages that arise out of or that are in connection with any duty or obligation under these Terms and Conditions or any duty or obligation at law.
19.2 STHAU will not be liable where any failure in the performance of the contract is due to:
(a) you or a member of your party (for example if you break a law in the country visited); or
(b) a third party unconnected with the provision of your Package or arrangements; or
(c) unusual, unavoidable, unforeseeable and extraordinary circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an Event which we or our suppliers, even with all due care, could not foresee or forestall.
19.3 To the extent that we have any liability to you under these Terms and Conditions or at law, that liability shall be capped at the total cost of your Package.
20.4 You will indemnify STHAU from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by STHAU as a result of a breach by the you or a member of your party of these Terms and Conditions or in connection with, resulting from, or arising out of any and all acts or omissions of you or a member of your party.
20.2 You have the right to access your personal information recorded by us and to have it updated and corrected as necessary by contacting one of our travel agents.
21. Australian Consumer Law
21.1 Australian Consumer Law applies to the services we provide and nothing in these Terms and Conditions is intended to contract out of or limit the application of the Australian Consumer Law.
21.2 If you are entering into and agreeing to these Terms and Conditions in the course of trade (as that term is defined under Australian Consumer Law), then we each confirm, acknowledge and agree that the goods and services are supplied to you and acquired by you in trade for a business purpose, and that the statutory guarantees and implied terms, covenants and conditions contained in the Australian Consumer Law are excluded to the fullest extent permitted at law, and do not apply.
22. Frustrated Contracts Act 1978
22.1 The Frustrated Contracts Act 1978 does not apply to these Terms and Conditions. Therefore, neither party may make any claim relying on the Frustrated Contracts Act 1978 in the Event that this contract is deemed to be frustrated.
23.1 YOU ACKNOWLEDGE THAT GOVERNMENTS, EITHER AT STATE, FEDERAL OR NATIONAL LEVEL, MAY IMPOSE BORDER RESTRICTIONS AT ANY TIME. IN THE EVENT BORDER RESTRICTIONS ARE IMPOSED BY ANY GOVERNMENT AT A STATE, FEDERAL OR NATIONAL LEVEL, STH WILL NOT BE LIABLE FOR ANY ADDITIONAL COSTS INCURRED BY YOU AS A RESULT OF THE BORDER RESTRICTIONS, INCLUDING BUT NOT LIMITED TO, THE COST OF QUARANTINE AT A MANAGED ISOLATION FACILITY AND/OR ANY ADDITIONAL ACCOMMODATION, TRAVEL AND INCIDENTAL EXPENSES NOT INCLUDED IN YOUR PACKAGE.
24.1 All reasonable care has been taken to ensure the accuracy of information on the website and other published material – however, prices and services offered are subject to change without notice.
25. Governing Law
25.1 These Terms and Conditions are governed by the laws of New South Wales and the courts of New South Wales shall have exclusive jurisdiction to settle any dispute which may arise from these Terms and Conditions.
Acceptance: refers to a confirmation that your order for a Package has been received, which will include details of the Package and payment information.
Booking: refers to the dispatch of Acceptance by us to you and receipt of the deposit and/ or full payment for your Package.
Event: refers to the relevant sports or hospitality Event related to your Package.
Force Majeure Event: refers to any Event or circumstances beyond the reasonable control of a party, including without limitation industrial or civil disputes, war, governmental action, riot, fire, flood, drought, act of God, terrorism (including the threat of terrorism), an outbreak or spread of a virus or disease classified as a pandemic or an epidemic , any legislation, ruling, regulation, decision (including the failure to grant any necessary permissions) of any relevant government, court or Event organiser and including for the avoidance of doubt any rescheduling, relocation or cancellation of the Tickets as a result of any of the foregoing.
Package: refers to products or services marketed, promoted and sold by STH to Customers.
Terms and Conditions: refers to these Terms and Conditions.
Ticket: refers to Tickets for the relevant Event supplied to STH by the Event organiser.
Ticket Terms and Conditions: refers to the Terms and Conditions applicable to each Ticket as specified by the official Ticket supplier.