Strait Experience Website Terms And Conditions

These terms and conditions (the “Terms and Conditions”) govern the use of www.straitexperience.com.au (the “Site”).
This Site is owned and operated by Strait Experience Pty Ltd ABN 25 651 067 300 (“Strait Experience, we, our or us”).

By using this Site, you agree that you have
– read and understand these Terms and Conditions and agree to always abide by them.
– read and understand our Privacy Policy and agree to always abide by them.

1. Definitions
Certain terms in these Terms start with capital letters. Unless the context provides otherwise, those words have themeaning given to them in the body of these Terms.

The following definitions apply to these Terms:

• ‘Booking’ means the booking of an Experience by you via the Marketplace, which is deemed accepted upon your payment of the Experience Fee;
• ‘Content’ means all forms and formats of content, data, information and material contained, incorporated, connected to or made available on or in relation to our Website and social media (including from our partners, affiliates, related service providers and other third-parties).
• ‘Experience’ means the tour, accommodation, product or service offered by an Operator via our Platform.
• ‘Experience Fee’ means the price of each Experience including Taxes and Commissions.
• ‘Malicious Computer Program’ means files that consist of malicious computer program, including programs that include viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information; that may cause damage to the Website or social media, content on either, our property or the property of other individuals or organisations.
• ‘Operator’ or ‘Service Provider’ means the business who provides Experiences that are offered via the Marketplace.
• ‘Operator Cancellation and Refund Policy’ means the terms and conditions, set by the Operator, which deal with cancellations, refunds and related matters in relation to an Experience.
• “Payment Method” means a financial mechanism that used to make payments for Bookings, such as a credit card,
  debit card, or PayPal account.
• ‘Website’ or ‘Platform’ means all or any web pages that is identified by a common domain name operated by Strait Experience (www.straitexperience.com) or as part of our connected selling platform operated and managed by BookEasy (book.straitexperience.com.au).
• ‘Taxes’ means any applicable taxes, including GST, tourist or other visitor taxes that apply to the Experience.
• ‘Third Party Material’ means Content, data, information, applications, services, websites and materials from, incorporating, linked or connected to third parties (including our partners, affiliates and related service providers).
• ‘Sorry Business’ is a term used during the time of mourning following the death of an Aboriginal or Torres Strait Islander person. Torres Strait Islanders may use the terminology ‘Bad or Sad News’. The death of an Aboriginal or Torres Strait Islander person impacts on the whole community, however the experience of Sorry Business can vary within each community. Commonly, this may include the closure of a community or island.

2. Intellectual Property
All content published and made available on our Site is the property of Strait Experience and the Site’s creators. This
includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the
composition of our Site.

3. Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland.

4. Sale of Services
These Terms and Conditions govern the sale of services available on our Site. The following services are available on our Site including but not limited to tourism related activities, tours, accommodation, car hire, experiences and packages.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

We reserve the right to offer alternative accommodation and/or tour options of a similar standard in the case of the accommodation and/or tour operator over-booking, sorry business or any other reason beyond our control. If applicable, you must review any Operator’s specific Terms & Conditions including Cancellation and Indemnity Policy before paying for your booking. The Terms and Conditions of Operators may be different to those of Strait Experience.

5. Platform Use & Bookings – Eligibility Requirements
To make a Booking, you must be:

• at least 18 years of age;
• possess the legal right and ability to enter into a legally binding agreement with us; and
• agree and warrant to make the Bookings in accordance with these Terms.
• You must not make a booking with us on behalf of another person without their express permission.

6. Platform Use & Bookings – Making a Booking
When making a Booking, you must follow the instructions on the Platform as to how to make your Booking and for making changes to your Booking before you submit it to us.

You should carefully review the description of any Experience to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Operator has specified in their Experience. You are responsible for identifying and complying with all laws, rules and regulations that apply to your participation in an Experience.

Once you select an Experience you wish to book, the Experience Fee and any additional charges will be displayed. This is the amount you must pay for the Booking, irrespective of any other amount or price displayed to you on the Platform or in advertising.

It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the Booking process. Failure to do so may result in loss or incorrect delivery of the email confirmation of your Experience.

If you discover you have made a genuine mistake at the completion of your Booking, please email us immediately at [email protected]. However, we cannot guarantee we will be able to amend your Booking and additional fees and charges may apply.

7. Platform Use & Bookings – Acceptance of Booking
When you make a Booking, you will receive a Booking confirmation email (including contact details of the Operator and a tax invoice).

Upon receipt of a booking confirmation, a legally binding agreement is formed between you and the Operator, subject to any additional terms and conditions of the Operator that apply such as the Operator Cancellation and Refund Policy and any rules and restrictions specified in the Experience listing on our website.

If you book an Experience on behalf of additional customers, you must ensure every additional customer meets and agrees to any requirements set by the Operator, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Operator. If you are booking for an additional customer who is a Minor, you represent and warrant that you are legally authorised to act on behalf of the Minor. Minors may only participate in an Experience if they are accompanied by an adult who is responsible for them. We may in our absolute discretion cancel a Booking from you for any reason.

8. Payments
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

You must pay the Experience Fee, plus any Booking Fee, transaction fees and/or Taxes (Total Fees) in full at the completion of the booking processing order to make a Booking.

You are required to pay a non-refundable booking fee per Booking (Booking Fee). Where transaction fees apply, the transaction fees charged will be clearly displayed at the time of purchase. Unless otherwise stated all charges are in Australian (AUD) dollars.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

9. Amendments, Refunds & Cancellations

AMENDMENTS or TRANSFERS
If you wish to make an amendment to your Booking, please contact us. However, we cannot guarantee we will be able to amend your Booking in accordance with your instructions.

You agree to pay any additional Experience Fees associated with amending your booking. We reserve the right to not accept changes to bookings within 48 hours of departure of the Experience.

CANCELLATIONS BY YOU
You are bound to follow the cancellation policies as set out in these Terms and Conditions and any of those by the Operator as stated in the Operator Cancellation and Refund Policy.

You may cancel a confirmed Booking:

• In accordance with our Terms and Conditions;
• in accordance with the Terms and Conditions of the Operator Cancellation and Refund Policy; or
• if we are satisfied that there are extenuating circumstances which require the Booking to be cancelled.

If you wish to cancel a Booking, please contact us (to do this use the ‘Contact Us’ section of our website). Customers who cancel a Booking will forfeit the Booking Fee.

Once your booking has been made, if you cancel it, a 15% fee is retained by Strait Experience, plus the Operator may charge a cancellation fee in accordance with their terms and conditions.

CANCELLATIONS BY OPERATORS
The Operator may cancel a confirmed Booking:

• in accordance with the terms of the Operator Cancellation and Refund Policy;
• in the event of death or illness of persons key to or associated or affiliated with the Operator or the Experience;
• if Sorry Business occurs which due to cultural obligations results in the package, accommodation, tour and/or experience being unable to be held. You acknowledge and agree that this specific clause can occur at any time up until the date and time of the service commencing.
• if weather poses a safety risk to you, or if it prevents the Operator from carrying out an Experience that takes place primarily outdoors; and/or
• if other conditions exist that would prevent the Operator from offering the Experience safely.

In all cases of Operator cancellation, you will be entitled to a full refund including the booking fees. You acknowledge and agree to not seek any further payment, compensation or damages from Strait Experience or Operators in the event of Operator cancellation occurring.

CANCELLATION BY STRAIT EXPERIENCE
We may, in our sole discretion, cancel a confirmed booking for any reason and at any time prior to a package or experience occurring.

CANCELLATION BY STRAIT EXPERIENCE DUE TO SORRY BUSINESS
The death of an Aboriginal or Torres Strait Islander person impacts on the whole community. Commonly, this may include the closure of a community or island. Due to the nature of Sorry Business and the reality that it may occur at extremely short notice, it is potentially possible that travel may have to be rearranged or cancelled up to:

• The final hours prior to departure,
• during travel within the Torres Strait; or
• while the tour/package is underway.

Under such situations and without exception, Strait Experience, Service Providers and Operators reserve the right to arrange an alternative tour option prior to providing a refund. If Sorry Business occurs during your holiday/trip your refund will be refunded at a Pro-rata rate against time already spent on the tour/package. You acknowledge and agree to not seek any further payment, compensation or damages from Strait Experience or Operators in the event of Sorry Business occurring.

CANCELLATION DUE TO CUSTOMER BEHAVIOUR
Please act responsibly and with respect on your travels. All Service Providers reserve the right to cancel (at any time) bookings based on customer behaviour, which is deemed to be aggressive, rude, obnoxious, unsafe and/or culturally insensitive. There is a strict no refund for cancellations made under this clause.

CANCELLATION OF AIRCRAFT (Fixed and Rotary Winged)
Due to the need for our aviation suppliers to have advanced notice of bookings and cancellations. All bookings which include fixed or rotary winged aircraft are subject to the following terms:

• Full refund with a 10% cancellation fee for cancellations made 14 days before the tour, activity or experience departure.
• No refund for cancellations made within 14 days of tour, activity or experience departure.

ADDITIONAL CANCELLATION TERMS

• If an Operator charges us for the cancelled travel, you must also pay us the amount that we are charged on your behalf by the Operator. It is, therefore, possible your cancellation fees could be up to 100% of the cost of the booking, regardless of the above cancellation terms and condition.
• The Cancellation Fee will apply in all cases where a tour is able to run. For example, if you are unable to reach a service due to an “Act of God” (for example a road is cut off due to flooding) the normal Cancellation Fee will apply if the tour still runs in your absence or would have run but for your absence. We strongly recommend that you take out travel insurance to cover this situation.
• If your credit card uses a different currency, the amount refunded may be different from the original amount paid due to exchange rate fluctuations. We are not liable for these fluctuations, or any fees your bank charges.
• In the case of natural disasters (eg: flood, fire, cyclone, etc) many Service Providers do not offer any refund and we would therefore be unable to provide a refund to you. We strongly recommend that you take out travel insurance to cover this situation.

10. Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory
provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

11. Third Party Goods and Services
Our Site may offer goods and services from third parties Operators. We cannot guarantee the quality or accuracy of goods and services made available by third parties Operators on our Site.

12. Links to Other Websites
Our Site may contain links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

13. Acceptance of Risk
Some of the Experiences that we list on our Platform may be considered adventurous or dangerous. You acknowledge that your participation in the service involves a degree of personal risk. It is your own responsibility to acquaint yourself with all relevant travel information, the services inherent risks and the nature of your itinerary. You acknowledge that your decision to participate in the Service is made in consideration of this information and you accept that you are aware of the personal risks that may be involved with the Experience.

You accept that the Torres Strait is a very remote region of Australia and that your travel may involve, in addition to usual and inherent risks, unknown or uncontrollable risks that may expose you to personal injury, physical harm, death and/or property damage.

You understand the remoteness of your travels and the limitations of this for your accessibility to medical services. You further understand the limitations of ambulatory care, hospitals and health care centres in the region. You are aware that this can limit the availability and accessibility of your evacuation if you become disabled, injured or in any other way
require an immediate retrieval from the region.

You accept all the inherent and obvious risks of travelling in this region and understand that certain activities and experiences offered by Strait Experience and/or by our Operators carry with them a risk of personal injury, death, property damage or other loss resulting there from.

You acknowledge that the enjoyment and excitement of travelling to remote, isolated, and culturally diverse regions is derived in part from the inherent risks incurred by the activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement being a reason for you participation in the activities provided by Strait Experience and/or Operators.

14. Travel Insurance
We strongly recommend that at the time of booking you take out comprehensive Travel, Medical and Cancellation Insurance.

Due to the remote location of the region a medical evacuation may be necessary in the case of an emergency and it is the responsibility of the customer to ensure you have insurance to cover such an event. Weather conditions and operational issues may also arise and cause delays which are out of our control.

It is your personal responsibility to purchase your own travel insurance to cover any liability which may be incurred to us or a Service Provider and other travel misadventures that you wish to be insured against. We recommend that you source travel insurance with a low excess payment, to make claiming on cancelled tours worthwhile.

15. Service Providers
We endeavour to package tours that will meet your expectations. However, we take no responsibility for any matters that arise regarding or during individual tours or arrangements with individual Operators or by Tours sold as part of a Strait Experience package.

We appreciate your feedback, whether complaints, compliments or suggestions. However, to the extent permitted by law we will not be responsible to you for any loss, expense or damage that you may suffer during any tour, accommodation or travel, no matter the cause. These matters are the responsibility of each individual Operator and you agree that you will not hold us liable in any such circumstance.

16. Complaints
If you have a complaint about your Experience, please inform your Operator at the time so that they can attempt to rectify the matter.

If you are not satisfied with how the complaint is handled by the Operator, any further complaint should be made to Strait Experience in writing within 7 days of the end of the Experience (to do this use the ‘Contact Us’ section of our website).

17. Tour Details
The inclusions, departure details and itinerary points of each tour and activity listed on our websites are current as of the last product update. We endeavour to reflect up-to-date information on all website pages but will not be held accountable for changes from Operators which are yet to be reflected on our platform.

18. Minimum Numbers
Minimum numbers may be required for some tours, experiences, activities and flights. If due to cancellation of some parties from a group booking, please be aware this may affect the remaining guest’s ability to undertake certain tours, experiences and flights.

19. Itineraries
Whilst it is our intention to deliver the itinerary of your choice, unforeseen circumstances such as nature of the terrain, unseasonal weather, sorry business and so on, may affect youritinerary, and therefore, make it necessary to alter touring with little or no notice.

20. Liability
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our Marketplace or a linked website.
To the maximum extent permitted by law, we are not responsible for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in undertaking or booking any service or package which was booked through our platform. You release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in an Experience.

To the maximum extent permitted by law, we are not responsible for any indirect, special or consequential liability to a customer or user (including legal fees) arising out of or from Content or use of our platform.

21. Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Strait Experience and our directors, officers, agents, employees, Operators, suppliers, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

22. Travel During Covid-19
We strongly recommend that you familiarise yourself with the status and updates to Queensland’s COVID arrangements during the COVID-19 outbreak, available at https://www.covid19.qld.gov.au/

You acknowledge that you are choosing to travel at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and
agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

23. Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

24. Changes
These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

25. Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

[email protected]

You can also contact us through the feedback form available on our Site