MELBOURNE CUP CARNIVAL TRAVEL & EXPERIENCES TERMS AND CONDITIONS
Below are the Terms and Conditions for use of this website and to the Melbourne Cup Carnival Travel & Experiences’ packages. By placing a booking with Melbourne Cup Carnival Travel & Experiences, you agree to be bound by each of the provisions of these Terms and Conditions (the "Terms and Conditions").
References to "Melbourne Cup Carnival Travel & Experiences", "us", "we", and "our" are to Sports Travel and Hospitality Australia Pty Ltd ABN 11 638 319 543 (trading as Melbourne Cup Carnival Travel & Experiences), and references to "you" are to you as the customer that purchases (or otherwise obtains or uses) a Melbourne Cup Carnival Travel & Experiences Package.
Please note that other than as set out in these Terms and Conditions all bookings are non-refundable. Travel insurance is your responsibility to purchase to cover yourself if you need to cancel your Melbourne Cup Carnival Travel & Experiences package. Insurance should be purchased at the same time you make your booking with Melbourne Cup Carnival Travel & Experiences.
GENERAL TERMS AND CONDITIONS
Definitions
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 Melbourne Cup Carnival Travel & Experiences 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 your booking includes travel, 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, Melbourne Cup Carnival Travel & Experiences 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 Melbourne Cup Carnival Travel & Experiences.
1.4 Consent to photos: Photographers and film makers may be in attendance on tour and may capture your image. It is a condition of purchase of a tour Package that you consent to being photographed, filmed, identified and/or otherwise recorded by Melbourne Cup Carnival Travel & Experiences and/or Victoria Racing Club. 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.
1.6 Booking with a travel agent: If you book your Package through a travel agent then you acknowledge and agree that for your booking to be confirmed and maintained, we must have received all payments from you or your travel agent as detailed in clause 3 and 4. You also agree that your travel agent is independent of Melbourne Cup Carnival Travel & Experiences and our control; and that unless expressly authorised by us in writing or as required by law, we are not bound by or liable for anything affecting us that the agent may or may not do.
2. Prices
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 itemised. The Package price only includes the services specified in your itinerary. Any personal incidental costs incurred during travel are excluded.
2.4 If you require Melbourne Cup Carnival Travel & Experiences to make any changes to your Package, you may be charged additional fees. Any additional fees will be provided to you prior to making any such requested change.
2.5 Each amendment made to the booking within 100 days of the travel date will incur an amendment fee.
• $50 per change per person post receipt of initial deposit up to 100 days prior to Event date (in addition to any fees charged by suppliers)
• $100 per change per person from 99 days to 14 days prior to the Event date (in addition to any fees charged by suppliers)
• $150 per change per person from 13 days prior to and during package dates (in addition to any fees charged by suppliers).
2.6 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., you have the right to cancel your booking in accordance with clause 4 and we will refund your deposit to you.
3. Deposit and Payment
3.1 Pursuant to these Terms, you can place orders for the purchase of package(s) from us, and we will provide the number and type of package(s) ordered by you and accepted by us.
3.2 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 us in our sole discretion.
3.3 Upon the dispatch of a Confirmation by us to you and receipt of the deposit and/or full payment in accordance with clause 3.5, a sale-and-purchase agreement for the type and number of Package(s) as explicitly stated in the confirmation email shall be deemed concluded between us and you. We shall be under no binding commitment to provide any package in relation to an order for purchase, unless and until we dispatch a confirmation email to you, and we have receipt of the applicable deposit and/or full payment by you in accordance with clauses 3.3 and 3.4.
3.4 100% payment is due at the time of booking for all packages unless otherwise agreed.
3.5 Payments can be made by internet banking electronic funds transfer, Visa, Mastercard, or American Express. Please note that a credit card service charge of:
• 1.5% will be incurred for any payments made by Visa or Mastercard or American Express for International customers
• 1.75% will be incurred for any payments made by Visa or Mastercard for Australian customers.
• 3% will be incurred for any payments made by American Express for Australian customers.
• 1% will be incurred for any payments made by Debit cards for Australian customers.
3.6 If you pay by credit card, Melbourne Cup Carnival Travel & Experiences is entitled to request photographic identification to verify the legitimacy of the purchase.
3.7 If you pay by internet banking, please quote your booking reference and surname or invoice number to enable us to allocate your payment correctly.
3.8 If we have not received payments within the timeframes outlined above, we reserve the right to cancel your booking as outlined in the clause 4 section below.
3.9 Except as otherwise stated in these Terms and Conditions or as required by law, if Melbourne Cup Carnival Travel & Experiences is unable to supply you with your ordered Package(s) for any reason including an error on the Melbourne Cup Carnival Travel & Experiences website such as an incorrect price being displayed, we will promptly inform you of this by email and will cancel your Booking. We will refund you the full amount paid for the Package(s) and, except with respect to any applicable laws, Melbourne Cup Carnival Travel & Experiences will incur no further liability to you.
4. Cancellation by you
4.1 All cancellations must be requested in writing to ontour@melbcuptravelexperiences.com from the Purchaser and are only effective from the date they are received by us.
4.2 Other than as specifically permitted under clauses 5, 6, 9, or 10 of these Terms and Conditions or in accordance with applicable laws, bookings are non-refundable.
4.3 Most of our arrangements with suppliers are non-refundable and, subject to clauses 5 and6 , Sports Travel & Hospitality Australia is under no obligation to pursue any suppliers for refunds.
5. Event Cancellation
5.1 Without limiting any applicable laws, in relation to your Package, you will receive a full refund of your Package if:
(a) the Event is cancelled in its entirety (including being held without general public spectators or where there are caps on attendance) and not rescheduled;
(b) the hospitality offering related to your Package is cancelled in whole (including being held without general public spectators or where there are caps on attendance) and not rescheduled;
(c) Melbourne Cup Carnival Travel & Experiences is unable to provide you with the Package due to a Change, you will receive a full refund for the Ticket. A “Change” is defined as the Event being, either in whole or part, rescheduled, relocated, extended, replaced with alternative content or impacted by changes to the permitted activities and capacities at the venue for any reason.
5.2 Event Tickets: You will receive a full refund for Event Tickets included in your package if:
(a) the Event is cancelled in its entirety (including being held without general public spectators or where there are caps on attendance) and not rescheduled;
(b) you are entitled to a refund under the Ticket Terms and Conditions for the relevant Event;
6. Force Majeure
6.1 If we are delayed in or prevented from performing our obligations due to a 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.
6.2 Both parties obligations shall be suspended while such Force Majeure Event continues.
6.3 Force Majeure Event is defined in the Definitions section below.
7. Unused services
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. Refunds may be given on a case-by-case basis on compassionate grounds at Melbourne Cup Carnival Travel & Experiences’ discretion.
8. Changes by us
8.1 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. We will advise you of changes at the earliest possible date.
8.2 Some suppliers of the services included in your Package reserve the right to cancel or amend the services they provide. As such, Melbourne Cup Carnival Travel & Experiences will use reasonable endeavours to provide alternative services, however we cannot be held responsible for any such changes imposed by the supplier.
9. Tour group sizes
Some inclusions in Packages are based on a minimum number of persons travelling. If an inclusion fails to satisfy minimum numbers, we will notify you and (a) provide you a full refund in respect of the inclusion which is not being provided to you or (b) you may choose to cancel the Package and receive a full refund for the Package.
10. Disabilities & special requests
10.1 If you suffer from reduced mobility or have any other disability or medical condition which may affect your holiday arrangements or use of the Package (or any of its inclusions), you must provide us with full details before booking so that we can advise you if we can accommodate your request and provide you with precise information as to the suitability of the holiday taking into account your needs. We will not be responsible for any damage, injury, death or loss of any kind resulting from your failure to fully disclose relevant mobility, disability or medical information.
10.2 Please also promptly inform us in writing in the event that any material change in your mobility, any other disability or medical condition occurs after your Booking has been confirmed.
10.3 If you have any dietary requests, allergies or any other special request, please advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, this is not confirmation that the request will be met. All requests are subject to availability.
11. Accommodation
11.1 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.
11.2 Accommodation can only be utilised by the customers listed on the room booking. No part of any booking can be utilised by any other person at any time. For the avoidance of doubt, this means that the number of nights of Accommodation included in the Package cannot be divided between customers and therefore all nights booked must be utilised by the same customers.
11.3 Hotel and facility descriptions on the Melbourne Cup Carnival Travel & Experiences 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.
11.4 Bonds or credit card imprints may be required by hotels. These are usually requested by the hotel at the time of check-in.
Customers will not have the option to earn hotel reward points with the Accommodation included in the Package. The Accommodation provider may or may not in its sole discretion acknowledge your membership status.
11.5 Melbourne Cup Carnival Travel & Experiences 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.
12. Merchandise
12.1 Where applicable, please choose carnival merchandise sizes carefully as it will not be possible to exchange these items at a later date for size reasons or because you change your mind.
12.2 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.
13. Event tickets
13.1 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.
13.2 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 host union.
13.3 If we are made aware of any prohibited use of your Event tickets, we reserve the right to cancel your tickets with no liability to you and we may refuse to transfer your booking.
13.4 If an Event you are scheduled to attend is cancelled, we will refund you the face value of your ticket if we are able to obtain a refund from the ticket issuer. If your package has already commenced prior to the Event being cancelled, the rest of the package will be unaffected by the Event cancellation 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 in the event that an Event you are due to attend is cancelled or postponed.
13.5 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 relevant venue, and the venue operator may refuse your entry if you do not display the correct Ticket. We cannot be held responsible and is not liable for any loss if you are refused entry for displaying an incorrect Ticket.
13.6 Please note that Melbourne Cup Carnival Travel & Experiences cannot be held responsible where the position or perceived quality of your seat at the Event does not meet your personal expectations.
13.7 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 Event seats for linked bookings together, this will be dependent on the ticket allocations we receive and cannot be guaranteed.
14. Itineraries
The itineraries shown on the website and any Melbourne Cup Carnival Travel & Experiences 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 Melbourne Cup Carnival Travel & Experiences.
15. Special events and promotions
The celebrities or players in attendance at an Event are at the complete discretion of Melbourne Cup Carnival Travel & Experiences and/or Victoria Racing Club, and you acknowledge that the people advertised as being in attendance at an Event may change at short notice.
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.
16. Our responsibilities
16.1 The services that we supply consist solely of: arranging and coordinating accommodation, Event tickets and associated Events; and making bookings and issuing tickets and vouchers to customers for the provision of services and facilities by suppliers.
16.2 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 Melbourne Cup Carnival Travel & Experiences and its employees - including (but not limited to) suppliers of travel, accommodation, and Event tickets in connection with your Package.
16.3 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.
17. Customer conduct
17.1 We are here to provide the best services possible but in doing so we will not tolerate abusive or aggressive behaviour from our customers. We will refuse to deal with and may terminate without providing refunds the Package of customers who act in a manner deemed unacceptable by us and you may be barred from future trips with Melbourne Cup Carnival Travel & Experiences and Sports Travel and Hospitality family of brands. This may include (but is not limited to):
1. verbally abusive or offensive language towards anyone;
2. bullying behaviour;
3. inappropriate or abusive behaviour including uninvited physical contact, harassment, violence or threat of violence;
4. excessive consumption of alcohol or intoxication;
5. the possession, carriage or use of restricted substances or drugs (except for medical purposes approved by your doctor)
6. failure to comply with Melbourne Cup Carnival Travel & Experiences (including a representative’s) reasonable direction;
7. the possession, carriage or use of dangerous items (such as weapons);
8. breaking the law of the Country or State in which you are travelling; and
9. any behaviour or conduct which brings Melbourne Cup Carnival Travel & Experiences into disrepute or damages its goodwill.
18. Documentation
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. Melbourne Cup Carnival Travel & Experiences will not accept responsibility for any documents subsequently altered without our consent.
19. Passport and visa requirements
19.1 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.
19.2 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.
19.3 You must ensure that you are aware of any health requirements and recommended precautions relevant to your Booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Covid-19 vaccination) or proof of testing (e.g. proof of negative Covid-19 test) may deny you entry into Australia, the state of Victoria or the Event. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.
19.4 Official travel advice including general health 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. We strongly recommend that you familiarise yourself with the current status and updates to Australia's immigration and border arrangements during the Covid-19 outbreak, available at https://covid19.homeaffairs.gov.au.
20. Accident Compensation
To the extent permitted by law, Melbourne Cup Carnival Travel & Experiences is not responsible for any personal injury you (or any person for whom the Booking is made) suffer during your travels or arising out of or in connection with use of a Package except liability arising as a result of any negligence, fraud, wilful misconduct or breach by Melbourne Cup Carnival Travel & Experiences.
21. Limitation of Liability
21.1 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.
21.2 Melbourne Cup Carnival Travel & Experiences 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.
21.3 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.
21.4 You will indemnify Melbourne Cup Carnival Travel & Experiences from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by Melbourne Cup Carnival Travel & Experiences 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.
22. Privacy
22.1 Our collection, storage, and use of your personal information is subject to Melbourne Cup Carnival Travel & Experiences' privacy policy which can be found at melbcuptravelexperiences.com and is also subject to all applicable laws, including the Privacy Act 1988 (Cth).
22.2 When making a Booking, we are required to collect the following details from you for each individual who will be attending the Event as part of your Booking, for any ticketing queries (including lost tickets) which may arise during an Event: name, suburb, state of residence, country and seat number details.
22.3 You agree that providing this information is a condition of you purchasing the Package.
22.4 You have the right to access your personal information stored in the Melbourne Cup Carnival Travel & Experiences database and to have it updated and corrected as necessary by emailing ontour@melbcuptravelexperiences.com.
Melbourne Cup Carnival Travel & Experiences will not store or use any sensitive data that is not required to fulfil the purpose for which it was collected.
23. Australian Consumer Law
23.1 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.
23.2 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.
24. Frustrated Contracts Act 1978
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.
25. Accuracy
25.1 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 and Melbourne Cup Carnival Travel & Experiences cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances. Moreover, photographs and descriptions of locations or attractions are merely representative of conditions that existed at time of brochure printing and conditions may not be the same at the time of your Package.
25.2 In the case of computer or human billing errors, we reserve the right to re-invoice customers and their travel agents with correct billing.
26. Severability
In the event that any term or condition contained in these Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to the extent necessary to allow all remaining terms and conditions to survive and continue as binding.
27. Governing law
These Terms and Conditions are governed by the law of Victoria, Australia and the courts of Victoria shall have exclusive jurisdiction to settle any dispute which may arise from these Terms and Conditions.
Appendix 1
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.
Event: refers to the relevant Victoria Racing Club event related to your Package.
Package: refers to products or services marketed, promoted and sold by Melbourne Cup Carnival Travel & Experiences to Customers.
Terms and Conditions: refers to these Terms and Conditions.
Ticket: refers to Tickets for the relevant Event supplied to Melbourne Cup Carnival Travel & Experiences 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.
