SURF EXPERIENCE TERMS & CONDITIONS
In these terms and conditions, “us” and “we” means Women That Surf Pty Ltd Trading as Surf Getaways ACN 633 002623, “you” and “your” means the person making the booking.
By booking with us and paying the deposit or part and full payment, you acknowledge that you have read, understood and agree to be legally bound by these terms & conditions.
GENERAL
Reservation and deposit
To confirm your booking, a deposit of twenty per cent (20%) of the total quoted cost of the tour must be paid and received by us. Reservations will not be considered confirmed until the deposit is received.
The balance is required 30 days prior to your tour departure date.
If your booking is made within thirty (30) days of the departure date full payment is required at the time of booking.
Confirmation and final payments
Confirmation of your booking will be made in writing. Final payment is due thirty (30) days prior to tour departure. Failure to pay the full amount by the due date will result in the booking being released and resold. Any payment made, including the deposit, will be forfeited unless a request to transfer to another tour departing within the year, is received in writing at least 30 days prior to departure. Any date transfer is subject to availability. Changes to this policy may be made on a ‘case by case’ basis and are made at the complete discretion of Surf Getaways.
Credit card charges
Credit card payments will be subject to applicable merchant charges.
Providing your details
We will request your completed details with the balance of the tour payment. These details include a copy of your Passport ID page, that clearly shows all your relevant ID. e.g. name, nationality, passport number etc.
In addition, all our tour participants must have travel insurance. We require a copy of your travel insurance travel policy be provided along with the details of any pre-existing medical conditions which may affect your ability to travel as per the program.
Your booking cannot be confirmed without the information outlined above.
Participation Agreement
Prior to the start of the tour you will be required to sign a Participant Agreement. A copy of this agreement will be sent to you after receipt by us of payment of your deposit.
Passport and visas
You must have a valid passport and necessary visas for the countries you will visit with us. Your passport must be valid for at least six (6) months from the final travel date of the tour. Surf Getaways is not responsible if you are refused entry into a country because you do not have a valid passport, visa, travel document or for any other reason.
Tour cancellation fees policy
Cancellation by you
Cancellations by you must be made in writing to us. The cancellation date will be effective on the date of receipt by us, and cancellation fees applicable on a per person basis. See refund policy below.
Refund Policy
Deposit payments are refundable if cancelation is received, in writing within 14 days of initial booking date, except where a booking is made within 14 days of departure. In this case full payment for the tour is required and is non refundable.
All other payments are non refundable.
All payments are transferable to another tour date, subject to availability. Requests for transferred tour dates must be applied to tours departing within 12 months of the initial booking.
Changes to this policy may be made on a ‘case by case’ basis and are made at the complete discretion of Surf Getaways.
No refund will be given for missed services including accommodation, sight-seeing or other services included in the tour itinerary or other organised travel via us which are not utilised.
No allowances or refunds will be made for lost or unused tickets or events.
Changes to cancelation policy may be made by Surf Getaways, as a result of circumstances beyond our control. You will be advised by your tour guide or in writing of any changes as soon as practical.
A change of tour date or cancellation may be recoverable through your travel insurance. No refunds apply for unused portions or services of the tour.
It is at the complete discretion of Surf Getaways if there is a change to the application of any credit (full or partial) towards another tour booked through us instead of forfeiture of any payments.
Cancellation by us
We may also cancel a tour due to political unrest, threat of terrorism, natural disasters or any other event beyond our control that may jeopardise the safety of our group. If a tour is cancelled, you may choose to reschedule to another tour. We are not responsible for any incidental expenses that may have been incurred as a result of booking connecting flights, visas, or additional travel related items.
Minimum group number
The tour may be subject to a minimum number. If this number applies it will be clearly stated on any communication with you leading up to, and at the time of, booking. If the minimum number of travellers is not reached, the tour may be cancelled with all monies refunded.
We may offer the following options:
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if we re-cost the tour and you decide not to proceed, all monies will be refunded; or
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you may choose to continue with the itinerary with an increase in costs.
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Should you choose to continue with the itinerary, services may also have to be modified to accommodate a smaller group.
Pricing policy
All quoted prices are per person. Prices include single or twin occupancy accommodation (as specified), program planning, handling and operational charges, and are based on current rates of exchange, tariffs and taxes as of March 2019.
You are responsible for all travel costs (including flights and transfers) to arrive to the destination where the tour will commence, unless stated otherwise in your quote.
The quote price is not valid with any other offer.
We are under no obligation to give breakdown costs involved in any itinerary.
Pricing may vary through out the year as a result of conditions beyond our control. Pricing updates will be made via the Surf Getaways web site and directly to each customer in writing.
Changes to the itinerary
We anticipate no changes to our published tour itineraries and we will make every effort to ensure all itineraries are accurate. If we make a major change to the tour we will inform with you as soon as possible prior to departure. Changes maybe be made as a result of weather conditions or within foreign communities in overseas destinations, where circumstances are beyond our control.
If, for any reason, we are forced to change your booking or part of it for reasons beyond our control during the actual tour, we bear no responsibility and reserve the right to vary the itinerary and give you prompt notice of any changes with as much notice as practical.
In the event that any one change or series of changes to the tour itinerary means that all or some of the tour itinerary has become very different from that itemised prior to the changes, you have the right to withdraw from the tour. Monies already paid (except your deposit and the part of the tour already completed) will be refunded less any charges imposed by suppliers. If a substitute tour, or part of the tour is accepted in replacement of the original tour, a surcharge may apply if the substitute tour is more expensive.
If variations in the itinerary are accepted (which are permitted in these conditions) then no claim shall be made for compensation, refund or loss on that account.
We also reserve the right to change the daily itinerary on the tour due to weather conditions or circumstances beyond our control. These decisions are final and may not be disputed during or after the tour. You may not make any claim for compensation should the itinerary be changed.
Travel insurance policy
It is a condition of joining our tour that you take out full comprehensive travel insurance policy. We strongly recommend you purchase comprehensive travel insurance at the time you pay a deposit. The inclusion of the following travel insurance clauses is strongly recommended: tour delay, tour cancellation, tour interruption, baggage insurance, health, accident, and emergency evacuation insurance.
You must provide us with a copy of your insurance policy prior to your tour departure.
Exclusions
The tour price does not include the following items (unless noted in the itinerary): domestic or international air fares, pre or post tours, costs associated with obtaining passports, visa fees, arrival and departure taxes, tariffs, levies, personal travel insurance, medical expenses and vaccinations, domestic airline travel, room upgrades, meals outside of the tour program, beverages, hotel incidentals, excess baggage fees, luggage delivery to / from tour, local tour guides and activities during your free time.
It is your responsibility to ensure settlement of any charges made by a hotel (all hotels require your passport and validation of a credit card upon check in) for extra services ordered directly by you such as room service, mini bar, laundry, and communication charges such as telephone, fax, email or items of a personal nature.
I
nclusions
Inclusions include all accommodation as noted in the itinerary, meals as specified, arrival and departure transfers (if stated), sightseeing and activities noted in the itinerary (where applicable) and services of an English-speaking tour host.
Airport transfers
Transfers between airports and hotels are not included in the cost, unless specified.
Baggage
You are responsible for ensuring that your baggage complies with any weight and dimension restrictions for flights. We recommend that you check with your air carrier the number of bags permitted before you travel.
You are only allowed two (2) pieces of baggage per person on the tour. A surfboard or bodyboard is classified as one (1) piece of baggage.
Baggage and personal effects are at owner’s risk throughout the tour program.
Consular travel advisories and warnings
It is the responsibility of the participant to be informed about the most current travel advisories and warnings by referring to their countries Embassy Department travel website.
In the event of a travel warning against travel to the specific destination location(s) of the tour, we will also consult embassies to confirm or cancel a tour. If the tour continues and you still choose to travel, notwithstanding any travel advisory or warning, the passenger assumes all responsibilities and risks of personal injury, death or property damage. We will not be liable for any result that may arise out of the events such as those advised or warned against.
Gratuities
Gratuities are not included in the program price for hotel/restaurant staff, porterage and local
guides/drivers. Gratuities are at your discretion. For any enquiries please discuss with your tour host.
Minimum age
You must be at least eighteen (18) years of age at the time of the tour to attend. If you are under this age you must notify us of the parent or guardian who is eighteen (18) years or older who will be your guardian. We have the discretion to decline your application to attend the tour if we are not satisfied that the guardian is a suitable person.
Conduct and medical advisories
To enjoy the program as intended, a reasonable level of fitness is required as there is occasionally a moderate amount of walking and physical activity. You should have the capacity to participate without any assistance.
If you have any medical, physical or other condition including disabilities that could create a risk to you or to other members of the tour, we require notice prior to booking.
Our groups are led by a tour host. The host reserves the right to decline your application for booking or to remove you from a tour, at your expense, if your conduct is deemed incompatible with the group or your health condition or mobility may risk and impact your safety, health or full participation or that of other tour travellers.
Should you require or request medical attention during their travel, such attention will be provided by locally available health care officials and at locally available facilities. In such events, we are not liable for any direct or indirect costs, losses or expenses incurred your for such health service costs incurred nor in the quality of medical care or medical services rendered. Should you have any questions or need any clarification about a specific program please ask for details at time of booking.
You are requested to familiarise yourself with any health requirements specific to the country being visited. It is highly recommended that you check and get advice from a medical practitioner and/or their local health authority or Consulate for the latest health requirements (i.e. precautions, vaccinations, etc.) applicable for travel to a destination.
You are expected to comply with the laws, customs, foreign exchange and drug regulations of all countries visited.
Passports and visas policy
It is your responsibility to ensure that your passport is current. All international passengers require a current passport with a minimum six (6) months’ validity after the return date of any tour and at least two blank pages for immigration and visa stamps. Visa requirements vary for different nationalities and depend on the country visited during the tour. Visa advice may be given by us with each tour in pre-participation pack.
Passport and visa requirements are your responsibility. We are not liable for any loss or expense due to your failure to have a valid passport or visa. We will advise procedures for obtaining a visa (if applicable) and provide assistance regarding an application, if requested.
For security reasons, airlines require your name exactly as it appears in your passport; it remains your responsibility to advise these details correctly. If you do not provide the correct information, you will bear all costs incurred.
We will not be responsible for any lost passport or visa and we will not hold your passport or visa during the tour
We cannot be held responsible for any delays, damages and/or losses, including missed portions of tours, related to improper or insufficient travel documentation.
Smoking policy
We ask you to refrain from smoking whilst in the company of other travellers, guides, drivers and your tour host. All accommodation used by us is strictly a non-smoking environment.
We operate a strict ‘No Smoking’ policy whilst using our private cars, vans and coaches.
Independent air travel arrangements
You are required to provide us with your flight schedules no later than thirty (30) days prior to tour departure.
LEGAL NOTICES
Responsibility
We are acting only in the capacity of agent in all matters regarding all tours.
Whilst we take all reasonable care to select excellent quality service providers, these services are not provided by us but by airlines, hoteliers, transportation companies, travel agents and other service providers which are not under our control. All coupons, vouchers, receipts and tickets issued by the airlines, hoteliers and transportation companies, travel agents and other service providers are issued subject to the terms and conditions of liability contained in those documents, which may limit or exclude liability for death, personal injury, delay, and loss of or damage to baggage and are subject to the laws of the country where the services are provided.
We assume no liability for any acts or omissions of any supplier including, without limitation, those involving failure to deliver or partial or inadequate delivery of services, overbooking or downgrading of services, cancellation of tours, schedule changes, re-routings, delay, theft, damage to or loss of baggage, property damage, accidents, death, sickness or injuries to persons regardless of cause, or other unforeseen events caused in connection with those service providers, their employees, agents, servants or representatives, whether or not any tours sold, services tendered or transportation provided is arranged through us.
We do not accept any liability caused directly or indirectly by force majeure or other events beyond our control, including war or threat/acts of war, acts of government, acts of terrorism, fire, strikes or other labour activities, civil unrest, insurrection or revolt, quarantines, floods, weather conditions, natural disasters, incidents at sea, accidents or failure of mechanical equipment, mechanical or other failure of aircraft or other means of transportation, or for failure of any transportation mechanism to arrive or depart on time or other disturbances of any kind which cancel, interfere with, or add cost to the services requested.
There are certain inherent risks in travel and at times there may be inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. You assume all such risks with regard to these possibilities.
We are not liable for any negligent or wilful act of any such person or entity or of any third person.
Waiver
Whilst on a tour there may be instances where you may wish to join the Tour Host or tour guide for activities in free time outside the tour itinerary. This may involve catching taxis or using public transport to or from shopping/dinner locations or other destinations chosen at the time. The tour host or guides will not be liable for any accident, injury, death, property damage or loss in relation to such activities. By submitting the booking form, you agree to take part in these activities at your own risk.
Should you choose to participate in activities outside our scheduled or hosted times, including but not limited to fishing, surfing, boating, bike riding or snorkelling, you do so at your own risk.
Complaints
If you have any complaint about your tour before, during, or after your tour, you must make it known at the earliest opportunity to your tour host who will endeavour to resolve the issue at the time. If at the end of the tour you feel your complaint has not been properly dealt with, you must notify us in writing within thirty (30) days of the end of your tour.
Agreement
The payment of deposit shall be deemed your consent to and acceptance of these terms and conditions as presented in this document.
Changes to terms & conditions
These terms and conditions may be changed by us at any time without notice. The current terms and conditions apply to all tours.
SURF CLINIC TERMS & CONDITIONS
In these terms and conditions, “us” and “we” means Women That Surf Pty Ltd Trading as Surf Getaways ACN 633 002623, “you” and “your” means the person making the booking. By booking with us, you acknowledge that you have read, understood and agree to be legally bound by these terms & conditions.
General
Reservations
Your booking will be confirmed after we receive full payment for your chosen clinic. Reservations will not be confirmed until full payment is received.
Confirmation
Confirmation of your booking will be made in writing. Any date transfer is subject to availability. Changes to this policy may be made on a ‘case by case’ basis and are made at the complete discretion of Surf Getaways.
Credit card charges
Credit card payments will be subject to applicable merchant charges. Participation agreement Prior to the start of your clinic you will be required to sign a Participant Agreement.
Clinic cancelation policy
Canceled by you: We offer no refund fees for cancelations, however in the event of an injury or sickness, vouchers will be provided. Cancelations must be made in writing to us at least 4 hours prior to session commencement. Vouchers must be used within 4 months of the initial booking. Changes to this policy may be made on a ‘case by case’ basis and are made at the complete discretion of Surf Getaways. No allowances or refunds will be made for lost or unused vouchers.
Cancelation by us:
We may cancel a clinic due to, unsafe weather, threat of terrorism, natural disasters or any other event beyond our control that may jeopardise the safety of our group. If a clinic is cancelled, you may choose to reschedule to other clinic dates. Vouchers will be provided. No refund fees will be offered for any cancelations of our clinic sessions. We are not responsible for any incidental expenses that may have been incurred. Changes to the cancelation policy may be made by Surf Getaways, as a result of circumstances beyond our control.
Refund Policy
Payments are non-refundable and non-transferable. No refund will be given for missed services.
Minimum group number
Minimum numbers for clinics may apply in your region. Minimum numbers may vary from region to region. Cancelations because of minimum numbers will be made on a case by case basis and at the complete discretion of Surf Getaways. In the event of cancelations vouchers will be provided.
Pricing policy
All quoted prices are per person. The quote price is not valid with any other offer. Pricing updates will be made via the Surf Getaways website.
Changes to the clinic itineraries
We anticipate no changes to our published clinic itineraries, and we will make every effort to ensure all itineraries are accurate. If we make a major change, we will inform you as soon as possible. Changes may be made as a result of weather conditions or where circumstances are beyond our control. These changes may include, but not be limited to, flat water sessions, land-based activities and surf gym.
Inclusions
Inclusions are professional surf instruction by qualified, experienced surf coaches. Beginner boards will be provided upon request.
Minimum age
You must be at least eighteen (18) years of age at the time of the clinic to attend. If you are under this age you must notify us of the parent or guardian who is eighteen (18) years or older who will be your guardian. We have the discretion to decline your application to attend the clinic if we are not satisfied that the guardian is a suitable person. Kids clinics minimum age is 6 years old.
Conduct and medical advisories
To enjoy the program as intended, a reasonable level of fitness is required as there is occasionally a moderate amount of walking and physical activity. You should have the capacity to participate without any assistance.
If you have any medical, physical or other conditions including disabilities that could create a risk to you or to other members of the clinic, we require notice prior to booking. Should you have any questions or need any clarification about a specific program please ask for details at time of booking. Our clinics are led by a surf coach. The coach reserves the right to decline your application for booking or to remove you from a clinic, at your expense, if your conduct is deemed incompatible with the group or your health condition or mobility may risk and impact your safety, health or full participation or that of other clinic participants.
Should you require or request medical attention during the surf clinic program, such attention will be provided by locally available health care officials and at locally available facilities. In such events, we are not liable for any direct or indirect costs, losses, or expenses incurred by you for such health services, costs incurred, nor the quality of medical care or medical services rendered.
Smoking policy
We ask you to refrain from smoking whilst in the company of other participants and your clinic coach. All accommodation used by us is strictly a non-smoking environment. We operate a strict ‘No Smoking’ policy whilst using our private cars, vans and coaches.
Legal Notices
Responsibility
We are acting only in the capacity of coaches in matters regarding all clinics. We do not accept any liability caused directly or indirectly by force majeure or other events beyond our control, including war or threat/acts of war, acts of government, acts of terrorism, fire, strikes or other labour activities, civil unrest, insurrection or revolt, quarantines, floods, weather conditions, natural disasters, incidents at Surf Getaways 2020 Surf Clinic Terms and Conditions sea, accidents or failure of mechanical equipment, mechanical or other failure of aircraft or other means of transportation, or for failure of any transportation mechanism to arrive or depart on time or other disturbances of any kind which cancel, interfere with, or add cost to the services requested. We are not liable for any negligent or wilful act of any such person or entity or of any third person.
Waiver
Whilst participating in a surf clinic there may be instances where you may wish to join the coach for activities in free time outside of the programmed surf clinic. This may involve a social surf, catching taxis or using public transport to or from shopping/dinner locations or other destinations chosen at the time. The coach will not be liable for any accident, injury, death, property damage or loss in relation to such activities. By submitting the booking form, you agree to take part in these activities at your own risk.
Should you choose to participate in activities outside our programmed surf clinic, including but not limited to fishing, surfing, boating, bike riding or snorkelling, you do so at your own risk.
Complaints
If you have any complaint about your clinic before, during, or after your clinic, you must make it known at the earliest opportunity to your coach who will endeavour to resolve the issue at the time. If at the end of the clinic you feel your complaint has not been properly dealt with, you must notify us in writing within thirty (30) days of the end of your clinic.
Agreement
The payment of your clinic shall be deemed your consent to and acceptance of these terms and conditions as presented in this document.
Changes to terms & conditions
These terms and conditions may be changed at the sole discretion of Surf Getaways at any time without notice. The current terms and conditions apply to all clinics in all locations.
SURF GETAWYAS GIRLS CAN'T SURF PROMOTION TERMS & CONDITIONS
1. Information on how to enter and the prize details form part of these terms and conditions. Participation in the "Surf Getaways Girls Can't Surf Competition" (Promotion) is deemed acceptance of these terms and conditions.
2. The Promotion commences at 9:00 am (Sydney Time) on 20th February 2020, and closes at 11:59pm (AEST) on 31st March 2021 unless extended at the Promoter's discretion (Promotion Period).
3. The Promotion is conducted by Women That Surf Pty Ltd Trading as Surf Getaways ACN 633 002623 (Promoter).
Eligibility
4. Entry is open to women across Australia aged 18 years or over.
5. Directors, employees, immediate family members of employees of the Promoter and its related entities and employees of any company associated with the Promotion are ineligible to enter.
Entry
6. To enter the Promotion, an entrant must during the Promotion Period attend a listed Q&A Girls Can't Surf movie event, complete the online entry form, tell us in 25 words or less why they deserve this prize and provide proof of attendance via a picture of their movie ticket.
7. Only one entry is permitted per entrant.
8. Incomplete or indecipherable entries will be deemed invalid.
Prize
9. There will be a total of 2 x prize winners per event, as determined under the section titled "Judging". There are 36 events listed on the www.madmanfilms.com.au/girls-cant-surf/ webpage.
10. The winner selected will receive 1 x $500 Surf Getaways Gift Voucher. The Surf Getaways Gift Vouchers may only be used when purchasing full price surf tours.
11. If the Prize is unavailable, the Promoter in its discretion, may substitute the Prize for a prize of equal or greater value.
12. Total prize pool is valued at $36,000. The prize value is in Australian dollars.
13. The prize or any unused portion of the Prize is not transferable or exchangeable and cannot be taken as cash. If for whatever reason a winner does not use the Prize, then the prize will be forfeited.
Judging
14. The winners will be selected by a panel of judges and will be based on the creativity and uniqueness of their entry.
15. This Promotion is a game of skill. Chance plays no part in determining a winner.
16. Prize judging will take place at 12:00pm (Sydney Time) on Thursday 8th April 2021.
17. The judging panel will be made up of four employees of the Promoter.
18. The winners will be notified via email within 1 business day of the judging taking place and their names will be published on the Surf Getaways website Thursday15th April 2021.
19. In the event the Promoter is not able to contact and receive a positive confirmation from the winner and that they claim the Prize by 12:00pm (Sydney Time) on Thursday 15th April 2021, the judges will select the next best entry as determined under the section 'judging' to receive the prize.
Personal Information
20. By entering the Promotion, entrants consent to the Promoter using their name and photograph and/or voice in the event they are a winner for promotional purposes, unless a winner otherwise notifies the Promoter at the time of accepting their prize.
21. The Promoter collects personal information ("PI") in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI.
22. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.surfgetaways.com.au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.
Liability
23. The Promoter is not liable for any technical error that may occur during the Promotion that is outside of the Promoter's reasonable control. This includes, but is not limited to, any omission, interruption, deletion, defect or delay in operation or transmission or failure of any telephone, mobile or satellite network.
24. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non- Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize / attendance at the prize event.
General
26. The Promoter's decision is final and no correspondence will be entered into.
27. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
28. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
29. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion,
30. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b), to modify, suspend, terminate or cancel the Promotion, as appropriate.
31. It is a condition of accepting any prize that, if requested by the Promoter, a prize winner must verify by statutory declaration that their winning entry complies with, and they agree to be bound by, these terms and conditions.
32. An entrant may at any time request that he or she be withdrawn from the Promotion, and the Promoter must use its reasonable efforts to withdraw the entrant as soon as practicable.
33. If a provision of these terms and conditions is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceable, that provision must be ignored in the interpretation of these terms and conditions. All other provisions of these terms and conditions remain in full force and effect.
GIFT CERTIFICATE TERMS & CONDITIONS
These terms apply to all gift certificates and electronic vouchers issued by or on behalf of Women Who Surf trading as “Surf Getaways”. By purchasing, redeeming or attempting to redeem a Gift Certificates, you agree to the following terms.
1. Gift Certificates are only redeemable through the Surf Getaways website (www.surfgetaways.com.au) or via their call centre located in Australia.
2. Unless otherwise stated on the Gift Certificate, Gift Certificates are valid for use within 1 year from the date of issue.
3. Gift Certificates may only be applied up to the maximum value loaded onto the Gift Certificate which is unspent at the time of use. Where the cost of purchase exceeds the available balance of the Gift Certificate, the excess amount must be paid by another payment method.
4. Gift Certificates are non-refundable.
5. Gift Certificates may be redeemed during the validity period only.
6. Gift Certificates cannot be reloaded.
7. Gift Certificates may not be redeemed or exchanged for cash, gift certificates, traveller’s cheques, cash passports or any other form of currency.
8. Gift Certificates may not, without the prior written consent of Surf Getaways, be resold or offered for resale at a premium (including via online auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services.
If a Gift Certificate is sold or used in breach of this condition, Surf Getaways may in its absolute and sole discretion cancel or render invalid the Gift Certificate without a refund and the Gift Certificate holder may be refused redemption of the Gift Certificate.
Surf Getaways will take all reasonable steps to notify you of Surf Getaways intention to cancel or render invalid a Gift Certificate within a reasonable time before cancelling or rendering invalid the Gift Certificate.
9. Surf Getaways may cancel or render invalid any Gift Certificate (including any available balance) which Surf Getaways determines in its absolute and sole discretion was purchased at any time and in any way (including via online auction or other unauthorised resale sites) by fraudulent means.
Surf Getaways may cancel any bookings made using any fraudulent Gift Certificate which may include any non-refundable amounts. Surf Getaways will not be responsible for any costs incurred by you if you purchase or attempt to redeem any fraudulent Gift Certificate. You acknowledge and agree that you will not be entitled to redeem any available balance on any fraudulent Gift Certificate and that Surf Getaways will not be obliged to hold such balance on file for you or otherwise redeem or exchange that Gift Certificate.
10. You are responsible for the use and security of your Gift Certificate. Lost or stolen Gift Certificates may not be replaced or refunded. You are liable for all transactions on your Gift Certificate except those caused by fraud or negligence by Surf Getaways or its employees.
11. Defaced, mutilated or altered Gift Certificates may not be accepted, replaced or refunded.
12. Personal information collected in relation to your Gift Certificate will be handled in accordance with Surf Getaways Privacy Policy which is available at https://www.surfgetaways.com.au/privacy-policy
13. The laws of New South Wales, Australia apply to these terms and conditions and any disputes arising in relation to them.
Questions or problems relating to Gift Certificates should be directed to Surf Getaways Customer Service Team on +61 2 6685 4546.
GIRLS CAN'T SURF CINEMA VOUCHER COMPETITION (AU COMPETITION)
1. Information on how to enter and the prize details form part of these terms and conditions. Participation in the "Surf Getaways Girls Can't Surf Competition" (Promotion) is deemed acceptance of these terms and conditions.
2. The Promotion commences at 9:00 am (Sydney Time) on 20th February 2020, and closes at 11:59pm (AEST) on 30th April 2021 unless extended at the Promoter's discretion (Promotion Period).
3. The Promotion is conducted by Women That Surf Pty Ltd Trading as Surf Getaways ACN 633 002623 (Promoter).
Eligibility
4. Entry is open to women across Australia aged 18 years or over.
5. Directors, employees, immediate family members of employees of the Promoter and its related entities and employees of any company associated with the Promotion are ineligible to enter.
Entry
6. To enter the Promotion, an entrant must during the Promotion Period attend a screening of the Girls Can't Surf movie at participating cinemas, complete the online entry form, tell us in 25 words or less why they deserve this prize and provide proof of attendance via a picture of their movie ticket. Participating cinemas are: Ace Cinemas, Avoca Beach Theatre, Cinema Nova, Dendy Cinemas, Luna Leederville & Luna SX, New Farm Cinemas, Metro Lake Haven, Palace Cinemas, Palace Nova Eastend, Picture Show Man Merimbula, Ritz Cinemas (Cameo Cinemas, Classic Cinemas, Lido Cinemas), Sun Theatre and Village Cinemas.
7. Only one entry is permitted per entrant.
8. Incomplete or indecipherable entries will be deemed invalid.
Prize
9. There will be a total of 2 prize winners determined under the section titled "Judging".
10. The winners selected will receive Surf Getaways Gift Vouchers to the value of $100, $200 or $500. Surf Getaways Gift Vouchers may only be used when purchasing full price surf tours.
11. If the Prize is unavailable, the Promoter in its discretion, may substitute the Prize for a prize of equal or greater value.
12. Total prize pool is valued at $87,400. The prize value is in Australian dollars.
13. The prize or any unused portion of the Prize is not transferable or exchangeable and cannot be taken as cash. If for whatever reason a winner does not use the Prize, then the prize will be forfeited.
Judging
14. The winners will be selected by a panel of judges and will be based on the creativity and uniqueness of their entry.
15. This Promotion is a game of skill. Chance plays no part in determining a winner.
16. Prize judging will take place at 12:00pm (Sydney Time) on Thursday 6th May 2021.
17. The judging panel will be made up of four employees of the Promoter.
18. The winners will be notified via email within 1 business day of the judging taking place and their names will be published on the Surf Getaways website Thursday 12th May 2021.
19. In the event the Promoter is not able to contact and receive a positive confirmation from the winner and that they claim the Prize by 12:00pm (Sydney Time) on Thursday 12th May 2021, the judges will select the next best entry as determined under the section 'judging' to receive the prize.
Personal Information
20. By entering the Promotion, entrants consent to the Promoter using their name and photograph and/or voice in the event they are a winner for promotional purposes, unless a winner otherwise notifies the Promoter at the time of accepting their prize.
21. The Promoter collects personal information ("PI") in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI.
22. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.surfgetaways.com.au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.
Liability
23. The Promoter is not liable for any technical error that may occur during the Promotion that is outside of the Promoter's reasonable control. This includes, but is not limited to, any omission, interruption, deletion, defect or delay in operation or transmission or failure of any telephone, mobile or satellite network.
24. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non- Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize / attendance at the prize event.
General
26. The Promoter's decision is final and no correspondence will be entered into.
27. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
28. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
29. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion,
30. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b), to modify, suspend, terminate or cancel the Promotion, as appropriate.
31. It is a condition of accepting any prize that, if requested by the Promoter, a prize winner must verify by statutory declaration that their winning entry complies with, and they agree to be bound by, these terms and conditions.
32. An entrant may at any time request that he or she be withdrawn from the Promotion, and the Promoter must use its reasonable efforts to withdraw the entrant as soon as practicable.
33. If a provision of these terms and conditions is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceable, that provision must be ignored in the interpretation of these terms and conditions. All other provisions of these terms and conditions remain in full force and effect.
GIRLS CAN'T SURF CINEMA VOUCHER COMPETITION (NZ COMPETITION)
1. Information on how to enter and the prize details form part of these terms and conditions. Participation in the "Surf Getaways Girls Can't Surf NZ Competition" (NZ Promotion) is deemed acceptance of these terms and conditions.
2. The NZ Promotion commences at 9:00 am (AEST) on 8th April 2021, and closes at 11:59pm (AEST) on 10th May 2021 unless extended at the Promoter's discretion (NZ Promotion Period).
3. The NZ Promotion is conducted by Women That Surf Pty Ltd Trading as Surf Getaways ACN 633 002623 (Promoter).
Eligibility
4. Entry is open to women across New Zealand aged 18 years or over.
5. Directors, employees, immediate family members of employees of the Promoter and its related entities and employees of any company associated with the NZ Promotion are ineligible to enter.
Entry
6. To enter the NZ Promotion, an entrant must during the NZ Promotion Period attend a screening of the Girls Can't Surf movie at participating cinemas, complete the online entry form, tell us in 25 words or less why they deserve this prize and provide proof of attendance via a picture of their movie ticket. Participating cinemas are: Matakana Cinema North Auckland, The Vic Devonport Auckland, Alice Cinemas Christchurch, Rialto Dunedin and Odeon Gisborne.
7. Only one entry is permitted per entrant.
8. Incomplete or indecipherable entries will be deemed invalid.
Prize
9. There will be a total of 24 prize winners for the NZ Promotion determined under the section titled "Judging".
10. The winners selected will receive Surf Getaways Gift Vouchers to the value of A$500. Surf Getaways Gift Vouchers may only be used when purchasing full price surf tours (minimum spend A$1800).
11. If the Prize is unavailable, the Promoter in its discretion, may substitute the Prize for a prize of equal or greater value.
12. Total prize pool for the NZ Promotion is valued at A$12,000. The prize value is in Australian dollars.
13. The prize or any unused portion of the Prize is not transferable or exchangeable and cannot be taken as cash. If for whatever reason a winner does not use the Prize, then the prize will be forfeited.
Judging
14. The winners will be selected by a panel of judges and will be based on the creativity and uniqueness of their entry.
15. This NZ Promotion is a game of skill. Chance plays no part in determining a winner.
16. Prize judging will take place at 12:00pm (AEST) on Thursday 20th May 2021.
17. The judging panel will be made up of four employees of the Promoter.
18. The winners will be notified via email within 1 business day of the judging taking place and their names will be published on the Surf Getaways website Thursday 27th May 2021.
19. In the event the Promoter is not able to contact and receive a positive confirmation from the winner and that they claim the Prize by 12:00pm (AEST) on Thursday 27th May 2021, the judges will select the next best entry as determined under the section 'judging' to receive the prize.
Personal Information
20. By entering the NZ Promotion, entrants consent to the Promoter using their name and photograph and/or voice in the event they are a winner for promotional purposes, unless a winner otherwise notifies the Promoter at the time of accepting their prize.
21. The Promoter collects personal information ("PI") in order to conduct the NZ Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI.
22. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.surfgetaways.com.au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.
Liability
23. The Promoter is not liable for any technical error that may occur during the NZ Promotion that is outside of the Promoter's reasonable control. This includes, but is not limited to, any omission, interruption, deletion, defect or delay in operation or transmission or failure of any telephone, mobile or satellite network.
24. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non- Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the NZ Promotion.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize / attendance at the prize event.
General
26. The Promoter's decision is final and no correspondence will be entered into.
27. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
28. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
29. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the NZ Promotion,
30. If this NZ Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b), to modify, suspend, terminate or cancel the NZ Promotion, as appropriate.
31. It is a condition of accepting any prize that, if requested by the Promoter, a prize winner must verify by statutory declaration that their winning entry complies with, and they agree to be bound by, these terms and conditions.
32. An entrant may at any time request that he or she be withdrawn from the NZ Promotion, and the Promoter must use its reasonable efforts to withdraw the entrant as soon as practicable.
33. If a provision of these terms and conditions is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceable, that provision must be ignored in the interpretation of these terms and conditions. All other provisions of these terms and conditions remain in full force and effect.