TERMS & CONDITIONS

This website (located at www.tribe-group.com.au) is owned and operated by TRIBE Travel & Events Pty Ltd (ABN 52 620 641 812) and TRIBE Travel Group Pty Ltd (ABN 44 642 854 055). If you do not agree to be bound by and comply with these terms of use, please do not access or use this site.

References in these terms of use to “you”, “your”, “yours” or “customer” are to be taken as references to the site user and the user’s company, except where stated or where the context requires otherwise. References to “us” or “we” are to be taken as references to TRIBE Travel & Events Pty Ltd and TRIBE Travel Group Pty Ltd (“TRIBE Group”).

These terms and conditions are intended to help you clearly understand:

Contracts
Limits on Use
Security
Accuracy & Site Content
Limited Licence & Ownership
Privacy Policy
Links
Amendments to bookings by the Customer
Cancellations to bookings by the Customer
Amendments or cancellations to bookings by TRIBE
Disclaimer & Limitation of Liability
Customer Obligation & Acceptance of Risk
Travel Insurance
Passport, Visas & Health Requirements
Governing Law
Severability
Entire Agreement
Change of Terms of Use
About Us
Miscellaneous
Termination
Rights of Third Parties

1. CONTRACTS

These Terms and Conditions apply to all Services provided by TRIBE Group to the Customer and constitute the entire contract between TRIBE Group and the Customer.

By requesting a booking and paying a deposit for Services provided by TRIBE Group, the Customer indicates that it has read, understood and agrees to be bound by these Terms and Conditions.

The Contract between TRIBE and the Customer comes into existence when TRIBE accepts and processes the Customer’s deposit, or full payment of the Booking Fee if required pursuant to Clause 3 and provides confirmation in writing of the Customer’s Booking to the Customer.

2.LIMITS ON USE

You may not use this site or the services offered on or through it for personal gain and you may not sell or provide to any third party, or otherwise profit from, any services or information (nor any modification, adaptation or analysis of them) available on or through this site.

3.SECURITY

We reserve the right from time to time to: (a) alter and/or introduce new and/or additional security measures without notice; (b) temporarily withdraw and/or limit the availability of this site to any individual(s); and (c) do anything else that we believe necessary to preserve the security and integrity of this site and the information held in this site’s databases.

4.ACCURACY & SITE CONTENT

We use reasonable skill and care in compiling the information accessible on and through this site. However, certain information may have been compiled and/or provided to us by a third party. TRIBE does not accept responsibility for the accuracy of any information which is obtained from any such third party. Furthermore, errors and omissions in the information accessible on and through this site may occur because of a number of factors which are inherent in any internet-related system and which are not within our reasonable control. For example, information may be affected by machine, software or operator error, or malfunctions in connection with data transmission. In view of this, the information is provided “as is” and you should always attempt to verify the accuracy of any information obtained from this site before relying upon it. This is a dynamic site and as a result, the content and look and feel may change from time to time without prior notice.

5.LIMITED LICENCE & OWNERSHIP

You are granted a limited licence to download the materials contained on this site to a personal computer, and to print a hard copy of such materials, solely for your personal, non-commercial use, provided that all copyright, trade mark and other proprietary notices are left intact.

Save as expressly and specifically permitted in these terms of use, all translation, re-transmission, distribution or other use of the materials contained on this site and in its databases on any other internet site or other media is strictly prohibited. You are also prohibited from: (a) framing this site or any part of it on any other site; or (b) mirroring this site on another server; or (c) using automated screen capture or screen scraping technologies to obtain information of any sort from this site.

The grant of this limited licence is conditional upon your agreement to and compliance with all of these terms of use.

Software (if any) made available to download from this site is either owned by or licensed to TRIBE. You may only use such software in accordance with the end user licence accompanying that software or, where there is no such licence, you are granted a non-exclusive, non-transferable licence to use the said software for using this site in accordance with these terms of use.

All copyright and all other intellectual property and proprietary rights of any sort relating in any way to this site (includ ing, but not limited to, those relating to its content, branding and the services, software and any other materials made available on and through it) which are not granted to you in accordance with these terms of use are hereby expressly reserved to TRIBE or, in the case of any other brands, names and logos featured on this site, their respective owners.

6.PRIVACY POLICY

When you visit this site we will collect data that will personally identify you (“User Data”) e.g. when you use the site’s “contact us” facilities.

We will only use the User Data to: (a) contact you and provide you with information (as requested); and (b) deal with any other matters arising as a result of that contact.

Subject to the provisions of applicable law and for a small fee you may obtain copy(ies) of the User Data (if any) we hold about you by contacting us via the site’s “contact us” facility. Additionally, if you wish to delete, deactivate or amend the User Data, or find out what User Data (if any) we are holding about you, please contact us via the site’s “contact us” facility.

We will not sell the User Data to anyone, but, for the avoidance of doubt, the User Data may be transferred to a future purchaser of TRIBE, all or part of the TRIBE group of companies and/or all or some of its assets.

We will not disclose the User Data outside of TRIBE except as necessary to deal with matters arising from your use of the site and your contact(s) with us, or in the unlikely event that we believe in good faith that we are required to do so:

(a) by court order or other legal/regulatory requirement; or (b) in order to protect our rights/property or those of our clients and/or their employees.

This site does not utilise cookies.

Your Consent: by using this site you consent to TRIBE holding, processing and transferring (both inside and outside the EEA) the User Data as necessary for us to provide you with and enable you to use the site and for the purposes referred to above.

7.LINKS

Where this site contains links to third party sites you should be aware that we may not control the sites reached through those links. We are not responsible for the content or privacy practices of sites which we do not control.

The existence of a link on this site does not imply any endorsement or approval of any goods, services, opinions or other material(s) of any sort made available on or through sites which we do not control, nor do we take any responsibility for the opinions of third parties (if any) expressed on or through this site.

Please note: ABTA protection may not apply to the third party sites which are accessible from this site.

8.AMENDMENTS TO BOOKINGS BY THE CUSTOMER

The Customer must notify TRIBE in writing if they wish to request any amendments to a Booking once it has been confirmed. TRIBE does not guarantee that such a request can or will be met.

All amendment requests are subject to the terms and conditions imposed by Suppliers.

If the amendment request is permitted, the Customer may be required to pay an amendment fee per person per amendment to TRIBE at the time of requesting an amendment to a Booking. The amendment fee will include a Service Fee in addition to any other fees, charges or costs payable as a result of the requested amendment including fees, charges or costs levied by Suppliers.

After full payment of the Booking Fee, an amendment request may be treated by Suppliers as a cancellation and

re-booking and the cancellation fees outlined in Clause 6 will apply. TRIBE will notify the Customer of any amendment or cancellation fees that are applicable.

9.CANCELLATIONS TO BOOKINGS BY THE CUSTOMER

The Customer must notify TRIBE in writing if the Customer wishes to cancel their Booking and a cancellation is not effective until such notification is received by TRIBE.

All cancellation requests are subject to the terms and conditions imposed by Suppliers.

The Customer may be required to pay a cancellation fee per person to TRIBE at the time of requesting a cancellation of a Booking. The cancellation fees can vary and, in some cases, may be 100% of the Booking Fee. The cancellation fee will include a Service Fee in addition to any other fees, charges or costs payable as a result of the requested cancellation including fees, charges or costs levied by Suppliers.

10.AMENDMENTS OR CANCELLATIONS TO BOOKINGS BY TRIBE

All reasonable care has been taken to ensure that the descriptions, facts or opinions in the TRIBE brochures, marketing materials and website are accurate at the time of publication. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. Advertised facilities, services, schedules, laws and Suppliers’ programs may change and TRIBE is not responsible for such changes.

Services may be amended or cancelled at any time due to Force Majeure or government travel advice. If Services are so cancelled, TRIBE will (a) attempt to reschedule the Services for an alternate date mutually agreed upon by TRIBE and the Customer, or (b) refund the Booking Fee to the Customer, less any unrecoverable amounts and any costs incurred by TRIBE including Service Fees. TRIBE is not liable to pay the Customer any other compensation or to meet any other fees, charges, costs or expenses that the Customer has already incurred or incurs as a result of such cancellation.

The Customer’s itinerary may be amended at any time without notice due to local circumstances or events outside TRIBE control such as, but not limited to, adverse weather, mechanical breakdowns, poor road conditions or a change in Suppliers’ schedules. TRIBE is not liable to pay the Customer any compensation or to meet any fees, charges, costs or expenses that the Customer has already incurred or incurs as a result of such amendment.

TRIBE will notify the Customer of any amendment or cancellation at the earliest opportunity by phone, email or post.

11.DISCLAIMER AND LIMITATION OF LIABILITY

Except as may be set out in these terms of use, this site, its content, and any use you choose to make of it, are provided and permitted without any representations or warranties of any kind, whether express or implied, and we disclaim all such representations and warranties so far as permitted by law. We do not warrant that information contained on or accessed through this site is adequate, complete, accurate or up-to-date, nor do we warrant that the site (or any part of it) will always be accessible, fully functional or free from errors and viruses. Accordingly, you agree that the only remedy available to you for breach of these terms of use shall be for our breach of contract under these terms of use.
Subject to paragraph (d) below, but otherwise so far as permitted by law, we exclude and are not liable for all loss, damage(s) and liability (whether or not caused by our negligence) for all wasted time, all loss/corruption of data, all loss of profits, opportunities, and goodwill, and all indirect, consequential and punitive loss or damage(s) arising from or in relation to use of this site and/or the information on it or any services provided through it, howsoever arising, whether in contract, tort (including negligence), statute or otherwise, and even if it was reasonably foreseeable or we have been made aware of the possibility of such loss/damage(s)/liability.

Subject to paragraph (d) below, but otherwise so far as permitted by law, our total aggregate liability hereunder in respect of direct loss and damage and other direct liability, howsoever arising, whether in contract, tort (including negligence), statute or otherwise shall be limited per claim or series of related claims, to £100.
Nothing in these terms of use shall limit our liability for:
1. loss or damage for death or personal injury caused by our negligence; or
2. for any fraudulent misrepresentation made by us or those under our control.
If you are using this site as a consumer then nothing in these terms of use shall in any way limit your statutory rights.

12.CUSTOMERS OBLIGATIONS & ACCEPTANCE OF RISK

The Customer acknowledges that there are risks associated with travelling which are beyond the control of TRIBE or Suppliers such as but not limited to weather conditions, illness, injury, political unrest, loss or damage to property, criminal acts, inconvenience and discomfort. Some activities carry inherent risks and if the Customer wishes to participate, the Customer may be requested to sign an additional waiver form. It is the Customer’s responsibility to ensure that the Customer is physically fit enough to participate in any activity and the Customer must take reasonable precautions for the Customer’s own safety.

The Customer acknowledges that the standards of the travel arrangements and/or products in the countries the Customer visits as part of Services may at times not be of the standard that the Customer is used to in the Customer’s country of residency.

The Customer must comply with all laws, regulations and customs of all countries visited.

The Customer must notify TRIBE of any complaint as soon as possible, to provide TRIBE the opportunity to rectify the issue. If TRIBE is unable to resolve the issue whilst the Customer is travelling and the Customer remains dissatisfied, they must notify TRIBE in writing within 30 days of the Customer’s return.

13.TRAVEL INSURANCE

The Customer must purchase adequate and valid travel insurance when purchasing Services with TRIBE. Coverage should take effect from the date when the Contract with TRIBE comes into existence. Coverage should be comprehensive and include cover for amendment and cancellation costs. (TRIBE can recommend travel insurance providers that will provide adequate liability, medical and holiday cancellation insurance.)

The Customer must provide details of the Customer’s insurer and policy number to TRIBE for its records.

If the Customer elects not to purchase travel insurance, the Customer must complete an Insurance Waiver Form. TRIBE may decline or cancel the Customer’s Booking and charge the Customer the applicable cancellation fees if the Customer fails to complete this Insurance Waiver Form.

TRIBE will not be held responsible for any expenses, loss or damage the Customer incurs as a result of any failure to comply with this Clause or the requirements of the Customer’s travel insurance policy. It is the Customer’s responsibility to ensure that the insurance cover the Customer purchases is suitable and adequate for their particular needs.

14.PASSPORT, VISAS & HEALTH REQUIREMENTS

The Customer must have a valid passport with at least 6 months validity from their return date and must have obtained any and all appropriate visas and permits for the countries the Customer is visiting before their date of departure. Passport, visa, permit and other entry requirements (including health requirements) and costs are the responsibility of the Customer. TRIBE can recommend visa service providers that will assist with visa application processes.

The Customer must obtain any vaccinations or other health precautions and any health advice relevant to the countries the Customer is visiting and the Customer’s personal circumstances.

The Customer must notify TRIBE of any pre-existing medical conditions the Customer has that might affect the provision of Services to the Customer and participation in the Services by the Customer.

If requested by TRIBE or our Suppliers the Customer may be required to provide an assessment of the Customer’s medical condition by completing a Medical Clearance Form which requires certification by a medical practitioner.

TRIBE or our Suppliers may decline or cancel the Customer’s Booking on the basis of information provided by the Customer including information provided as part of the Medical Clearance Form.

15.GOVERNING LAW

This Contract is governed by and construed in accordance with the laws of the State of Victoria, Australia.

Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of Victoria, Australia in regard to any claim or matter arising under this Contract.

16.SEVERABILITY

If one or more of the provisions of these terms of use are at any time found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms of use. These terms of use shall be deemed amended by modifying or severing such provisions as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable which materially gives effect to their intent. Any invalid or unenforceable provision or provisions shall be severable from these terms of use so that the validity or enforceability of their remaining provisions, or the validity of the provision(s) in question in any other jurisdiction shall not be affected.

17.ENTIRE AGREEMENT

These terms of use supersede all prior agreements, arrangements and statements (except for those for which liability is not excluded) between us with respect to your use of this site and constitute the entire agreement between us relating to the same.

18.CHANGE OF TERMS OF USE

We may alter, adapt or otherwise change these terms of use from time to time (for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the site) without prior notice. Your continued use of this site will constitute acceptance of those amended terms of use and you should review them before making any further use of this site.

19.ABOUT US

You can contact us by using the ‘contact us’ facility on this site or calling (03) 8578 3151.

20.MISCELLANEOUS

These terms of use shall not constitute or be deemed to constitute a partnership, joint venture or contract of employment between you and us.

You may not assign, sub-license, sub-contract or otherwise transfer or deal in any of your rights or obligations under these terms of use without our prior written consent.

Headings in these terms of use are for convenience only and are not to be taken into account when construing these terms of use.

21.TERMINATION

We reserve the right to block your access to this site immediately and without notice if, in good faith, we believe that you have failed to comply with any of these terms of use.

22.RIGHTS OF THIRD PARTIES

No one other than you and us will have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms of use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee.

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