Terms and Conditions
This document sets forth the terms and conditions (Agreement) between Flamboyance Tours and users that engage us to provide guided tours and related services (Client)
This Agreement forms a binding contractual agreement between the Client and Flamboyance Tours.
You acknowledge and agree that you have had sufficient chance to read and understand this Agreement and you agree to be bound by it.
1. Definitions and Interpretation
1.1. Definitions
In this Agreement:
Flamboyance Tours or us shall mean Flamboyance Tours Pty Ltd ACN 625 758 689 or any person acting on behalf of and with authority of Flamboyance Tours Pty Ltd ACN 625 758 689.
Client shall mean the person or corporation named on any email, quotation, invoice, proof of payment, or any other documentation created by Flamboyance Tours in relation to an agreement for the supply of Services or any person acting on behalf of and with the authority of the Client.
Fee shall mean the cost of the Services as stated by Flamboyance Tours from time to time and notified to the Client but subject to clause 4 herein.
Services shall mean all tour Services supplied by Flamboyance Tours to the Client as described on the Site, invoice, or any other documentation created by Flamboyance Tours.
Site means our website located at https://flamboyancetours.com.au.
1.2. Interpretation
In this Agreement unless a contrary intention is expressed:
(a) the singular includes the plural and the plural includes the singular;
(b) other parts of speech and grammatical forms of a word or phrase defined in this document have a corresponding meaning;
(c) a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this Agreement and a reference to this Agreement includes any clause, annexure, exhibit and schedule;
(d) in this Agreement a reference to any legislation includes all delegated legislation made under it and includes all amendments, consolidations, replacements or re-enactments of any of them, from time to time;
(e) a provision of this Agreement may not be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or the preparation or proposal of that provision.
2. Competition and Consumer Act 2010 (“CCA”) and Fair Trading Act (“FTA”)
2.1. The warranties, conditions, rights and remedies of the Client as outlined in the relevant CCA and the FTA are not intended to be compromised as a result of anything contained in these terms and conditions of trade, except to the degree permitted by those Acts.
3. Acceptance
3.1. Any request from the Client to Flamboyance Tours to supply Services howsoever made shall constitute acceptance of the terms and conditions of trade contained herein.
3.2. Where two or more entities constitute the Client, all such entities shall be jointly and severally liable for all
payments of the Fee.
3.3. These terms and conditions of trade become binding upon acceptance and may thereafter only be altered or
revoked with the explicit written consent of Flamboyance Tours.
3.4. Any changes to the Client’s details, including name, address, telephone, email or any changes in ownership
structure of the Client must be notified to Flamboyance Tours within ten (10) business days of any such changes
taking place.
3.5. Services are supplied by Flamboyance Tours only on the terms and conditions of trade herein to the exclusion
of any document or documents issued by Flamboyance Tours to the contrary except where such document or
documents are explicitly expressed in terms that purport to override these terms of conditions of trade.
4. Fee and Payment
4.1. The Client agrees to pay Flamboyance Tours any applicable Fee for the Services in accordance with the
payment conditions outlined in the Site.
4.2. The applicable Fee which appears on the Site will be the Fee charged from the Client.
4.3. Notwithstanding clause 4.2, Flamboyance Tours reserves the right to change the Fee immediately in the event
of:
(a) a variation, requested by the Client, to the Client’s order or request; or
(b) a change in the displayed Fees on the Site caused directly or indirectly by unauthorised hacking or similar
activities.
4.4. Any variation to the Client’s obligation to pay the Fee in full must be expressly agreed to in writing by
Flamboyance Tours.
4.5. GST and other taxes and duties that may be applicable shall be added to the Fee except when they are expressly
included in the Fee.
4.6. Time is of the essence under this Agreement in respect of the Client’s payment obligations.
5. Cancellation and Refund Policy
Flamboyance Tours Cancellations
5.1. Weather Policy and Unforeseen Circumstances: Flamboyance Tours may cancel any tour by providing reasonable notice to the Client through the contact method provided, or notification on our website, or notification on our social media and either refund the applicable Fee to the Client or reschedule the tour at the election of the Client. Flamboyance Tours shall not be liable for any loss or damage whatsoever arising from such cancellation (including but not limited to travel and accommodation expenses) apart from the Fee.
Flamboyance Tours does not cancel in hot weather except for when the forecast is 44 degrees Celsius or higher. Winter cancellations will be made by Flamboyance Tours only in exceptional circumstances, and the Client will have the option in either of these instances to either refund the Fee or reschedule the tour.
Client Cancellations
5.2. All tours: The Client may cancel a tour booking by providing at least 24 hours’ notice to Flamboyance Tours through email to info@flamboyancetours.com.au and will be afforded the opportunity to reschedule the same, obtain a gift card with the monies paid for future use, or a refund. If a cancellation is made within 24 hours’ notice, the Client will not under any circumstances be entitled to any refund of the applicable Fee upon the Client’s cancellation of a tour, or a reschedule, or a gift card.
Any reschedule will be allowed once for the Client, who is requested to do so within a reasonable time (judged on a case-by-case basis by Flamboyance Tours).
5.3. No-shows: If the Client has made no contact prior to the commencement of any tour, and does not attend the first 10 minutes of a tour, the Client will not under any circumstances be entitled to any refund of the applicable Fee or rescheduling. Flamboyance Tours shall not be liable for any communication with Clients classed as no-shows.
Bookings affected by COVID-19
5.4. Border closures and flight cancellations: Clients who are prevented from entering South Australia due to border closures or cancelled flights related to pending border closures/COVID-19 may cancel a tour booking by providing reasonable notice to Flamboyance Tours through email to info@flamboyancetours.com.au. Flamboyance Tours will either refund the applicable Fee to the Client or reschedule the tour at the election of the Client when they know of their return to South Australia. Flamboyance Tours shall not be liable for any loss or damage whatsoever arising from such cancellation (including but not limited to travel and accommodation expenses) apart from the Fee.
5.5. When in South Australia: Clients already in South Australia who are ordered to enter a quarantine period before attending may cancel a tour booking by providing reasonable notice to Flamboyance Tours through email to info@flamboyancetours.com.au and will be afforded the opportunity to reschedule the same, but the Client will not under any circumstances be entitled to any refund of the applicable Fee upon the Client’s cancellation of a tour. Reschedules at the election of the Client can be made when they know of their return to South Australia.
The Client is requested to make any reschedule within a reasonable time, judged on a case-by-case basis by Flamboyance Tours.
5.6. Clients will not be eligible for any refunds (even partial refunds) or credits except as specifically outlined in this clause 5.
6. Expulsion from Tours
6.1. Flamboyance Tours reserves the right to refuse to provide Services to Clients or expel Clients who impact on the enjoyment or safety of other Clients, Flamboyance Tours or their suppliers. Examples of such behaviour include, but are not limited to threats, physical violence, a physical inability to participate fully in the tour, mental instability, unsocial behaviour, unruly behaviour, the possession or carriage of alcohol or recreational drugs, and/or disruptive behaviour.
6.2. The Client acknowledges that the tours will be conducted in accordance with a pre-determined schedule and agrees to abide by the same. In the event the Client does not materially abide by the schedule, they will be considered expelled from the tour.
6.3. The Client will not be eligible for any refunds (even partial refunds) or credits if the Client is refused entry to a tour or is expelled from a tour pursuant to clauses 6.1 and/or 6.2.
7. Privacy and Collection of Data
7.1. The Client agrees that individual data provided may be used and retained by Flamboyance Tours for the following purposes and for other purposes as agreed to between the Client and Flamboyance Tours or required by law from time to time:
(a) Provision of Services;
(b) Providing instruction to subcontractors;
(c) Marketing of Services by Flamboyance Tours, its agents, distributors, or contractors;
(d) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and
(e) Collection of amounts outstanding in the Client’s account by the nominated collection agent or solicitor of Flamboyance Tours.
8. General
8.1. Flamboyance Tours may sub-contract part or all of its obligations under this agreement without the Client’s consent. The Client shall not assign the Client’s reservation on tours without the written consent of Flamboyance Tours.
8.2. Flamboyance Tours reserves the right to review these terms and conditions of trade at any time, and if any changes are deemed necessary, the Client will be advised of such changes upon them being made and they shall thereupon immediately become binding upon the Client.
8.3. The Client agrees that by requesting the provision of Services, the Client warrants that they are physically and mentally able to participate in the activities of the Services and further releases Flamboyance Tours from all claims, suits, and causes of action in the event they are injured during the course of the provision of the Services due to being unable to physically or mentally participate in the activities of the Services.
8.4. The Client warrants that the Client has independently investigated the need for travel and health insurance cover and has adequate travel and health insurance coverage. The Client warrants that the Client has independently investigated concerns directly related to COVID-19, and has adequate understanding of such events prior to booking (including, but not limited to, South Australian health guidelines and information published by Flamboyance Tours).
8.5. Any goods such as gifts and food samples provided as part of the Services are provided by third parties and Flamboyance Tours provides no warranties and disclaims any liability in relation to the same. The Client warrants that the Client has independently verified that any food items provided as part of the Services are safe to be consumed by the Client and/or any person the Client may provide the same to.
8.6. The Client consents to any photo/video taken during a tour by Flamboyance Tours guides or hired photographers to be used for commercial use on social media, websites, flyers, etc promoting Flamboyance Tours. Any Client on tour will be notified of professional imagery being taken either before the tour or on the day, and will be asked to sign a Talent Release form on arrival.
8.6. If any clauses, provisions, parts, terms or conditions contained in this document are found to be unenforceable for reasons of invalidity, illegality or any other reason, the remaining clauses, provisions, parts, terms or conditions shall not be affected in any way.
8.7. The Client disclaims any right to cancel this Agreement, or to seek compensation for loss or damages arising from any innocent misrepresentation made to the Client by Flamboyance Tours, or any related corporations of Flamboyance Tours, and their respective officers, employees, agents and contractors.
8.8. Statements made by Flamboyance Tours do not constitute professional advice and should not be taken as professional advice. The Client agrees that it is the Client’s responsibility to independently verify any recommendations made by Flamboyance Tours and its agents and determine to the Client’s satisfaction whether these recommendations should be followed after independent investigation.
8.9. The liability of Flamboyance Tours to the Client for any reason related to the performance of the Services under this Agreement shall be limited to the amount paid or payable by the Client to Flamboyance Tours for such Services.
8.10. Flamboyance Tours has a Child Safe Environments Policy and Code of Conduct which all Clients can refer to if desired.
8.11. The Client should direct any feedback and/or complaints they have to info@flamboyancetours.com.au and we will endeavour to respond to the same within seven (7) days.
8.12. Where terms of this Agreement are at variance with the order or instructions from the Client these terms and conditions of trade shall prevail.
8.13. This Agreement shall be governed by the laws of South Australia and are subject to the jurisdiction of the Courts of South Australia.
Last updated 5/6/2022