Terms + Conditions

1. General
1.1 New Leaf Experiences (NLE) offers Eco, Educational and Regional Produce Tours in Victoria.
1.2 In these terms and conditions, “Tour” refers to the event/service that NLE and its third party suppliers provide to the fee-paying group or individual.
1.3 These are general terms and conditions which apply to any Tour products/services which you purchase from NLE. Once you pay for your booking:
(a) you acknowledge and agree that you have read and understood these general terms and conditions; and any terms and conditions imposed by third party suppliers, for whom we partner with to deliver our services;
(b) if you are not at least eighteen years of age, then your legal guardian must give consent to this contract on your behalf;
(c) if you make a booking on behalf of someone, you warrant that you have the authority to accept and do accept on behalf of that person to be bound by NLE’s general terms and conditions and the relevant third-party suppliers’ terms and conditions; and
(d) you agree to abide by all of NLE’s policies and protocols.
1.4 By clicking to “confirm” you warrant you have read and understood these terms and conditions and agree to be bound by them.
1.5 NLE reserves the right to decline to provide services to any individual.
1.6 NLE reserves the right to vary the itinerary and substitute experiences and sites.
1.7 NLE is not responsible for a cancellation of any third party provider. NLE will make all reasonable enquiries to vary the Tour itinerary with a similar experience to that which has been cancelled.
1.8 NLE reserves the right to amend these terms and conditions. NLE will provide written notice to you of any changes made to these terms and conditions prior to your departure date.
2. Payment and Price
2.1 The advertised price is in Australian Dollars and is inclusive of GST.
2.2 You must pay the full price on booking unless otherwise agreed by NLE in writing.
2.3 You must pay either by credit card or direct deposit to NLE.
2.4 If you choose to pay by direct debit or by EFT, then you must provide a receipt showing proof of payment before NLE provides you with your booking confirmation.
2.5 What’s not included in the price:
(a) third party provider fees and charges;
(b) any costs or expenses if you leave the Tour early; and
(c) meals (unless otherwise agreed to in writing by NLE).
3. Cancellation / Refund Charges
3.1 NLE’s cancellation and refund policy is as follows:
(a) Cancellation and Refund
If you cancel your Tour:
(i) 15 days or more before the departure date, NLE will refund you in FULL.
(ii) between 5 and 14 days prior to the departure date NLE will refund 75% of total price paid;
(iii) less than 5 days prior to the departure date, NLE will not refund any amount to you and will be entitled to retain the full purchase price paid by you; and
(iv) NO refunds will be given on the departure date for ‘no shows’.
(b) All cancellation requests must be made in writing to NLE.
(c) If you reschedule your booking within 48 hours of the departure date, you will be liable to pay an administrative fee of fee of $50.00.
(d) NLE may accept bookings to be rescheduled until 5 days before the departure date.
(e) NLE has the right to cancel your booking if full payment is not received by the departure date. No refund will be given in this event.
(f) NLE’s Tours have minimum numbers of people required for each Tour. If the Tour bookings fail to satisfy the minimum requirements, the Tour may be cancelled or rescheduled.
(g) In the event of a natural disaster or “Force Majeure” (as described out at 3.1(h)) where the events are beyond our control, NLE will aim to fully refund the reservation and you, however we reserve the right to offer a "credit" for a future Tour of the equivalent value, as expenses may have been incurred during the planning stages of the Tour in which NLE is unable to recover. In the event that a full refund may not be available due to unforeseen circumstances, NLE will credit the participant for a future Tour.
(h) Force Majeure event includes but is not limited to:
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(i) pandemic;
(ii) an act of God;
(iii) the outbreak of hostilities (whether or not accompanied by any formal declaration of war), riot, civil disturbance or acts of terrorism;
(iv) the act of any government or competent authority (including the cancellation or revocation of any approval, authority or permit);
(v) fire, explosion, flood, inclement weather, infectious disease, epidemic, pandemic or natural disaster;
(vi) the declaration of a state of emergency or the invocation of martial law having an effect on commerce generally;
(vii) industrial action (including strikes and lock-outs) that is of a widespread nature affecting the NLE or the industry or sector of which the NLE is a part (whether in a vertical sense or horizontal sense);
(viii) the default of any suppliers under any material contracts to which the Seller is a party; or
(ix) any other cause, impediment or circumstance beyond the reasonable control of any party:
(i) In the event that you do not accept a credit for a future Tour, on a case by case basis we will assess the situation independently and look to explore all options available to the booking.
(j) In the event of a natural disaster or Force Majeure (as described out at 3.1(h)), where the events are beyond NLE’s control and happens during the Tour, NLE may at the discretion of NLE make a partial refund to you and charge on a pro-rata basis for the services provided.
4. Acceptance of risk
4.1 You acknowledge and agree:
(a) that the nature of the Tour is adventurous and participation involves a degree of personal and physical risk;
(b) that you must inform NLE of any physical or medical ailments at the time of your booking;
(c) that you must inform NLE of any dietary requirements at the time of your booking; and
(d) you will be visiting places where there may be geographical challenges and dangers.
5. Limitation of liability
5.1 We have taken all reasonable care to ensure that all the services that make up the arrangements made by NLE are provided by efficient and reputable and accredited businesses. You acknowledge and agree, however that, NLE has no liability for any act, omission or default, whether negligent or otherwise, of any third party supplier. NLE shall not be responsible for the actions, cancellations or variations of any third party providing services.
5.2 In consideration of your participation in the Tour and to the extent permitted by law you:
(a) release us from all claims that you may have against any third party providing goods or services on the Tour; and
(b) indemnify us against any claim which may be made by you or on your behalf, or a third party provider for or in respect of or arising as a result of your participation in a third party provision of services.
5.3 NLE accepts no responsibility for any loss or damage to your personal property during NLE Tours.
5.4 To the maximum extent permitted by law, you release NLE from all claims that you have or may have had but for this release arising from or in connection with their participation in the Tour except to the extent that such claim(s) was caused or contributed to by a negligent or wilful act or omission of NLE, its agents and employees.
5.5 To the maximum extent permitted by law, in no event will NLE be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected to any act or omission of you, any other third party, Force Majeure or any other factor or person beyond the reasonable control of NLE.
5.6 The maximum liability of NLE under these terms and conditions for any reason whatsoever, whether arising in tort or contract or any other cause of action, is limited to the price of the Tour.
5.7 NLE will only compensate you for any claim arising out of these terms and conditions, whether arising in tort or contract or any other cause of action, if you notify NLE of the claim that you have against NLE by within fourteen (14) days after the event.
5.8 Clauses 5.7 and 5.8 are subject to any statutory obligations (including consumer guarantees under the Australian Consumer Law).
5.9 You agree to report to NLE at the earliest opportunity any problem with the Tour that you perceive, so that NLE can try to remedy any problem. NLE will not be liable for any complaint not reported by you unless there is a valid reason for the failure to report.
6. Release and indemnity
6.1 You acknowledge and agree to unconditionally and irrevocably release and discharge NLE and irrevocably indemnify and agree to keep indemnified NLE from all claims, liabilities, and costs you now have, at any time had or but for these terms and conditions might have had.
6.2 Without limiting the scope of clause 6.1 above, the release
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and indemnity does not apply in respect of any claim which may be brought against NLE or which NLE may have against you, where such claim arises as a result of or is caused by or contributed to by any unlawful act, misconduct, fraud, or negligence.
7. Health & Safety
7.1 Health and fitness
(a) It is your responsibility to ensure that you are medically and physically fit and able to participate in all aspects of the Tour.
(b) Prior to enrolling in the Tour, you represent and warrant to NLE that you are satisfied that you are medically and physically fit and able to complete the Tour without any risk or danger to the health or safety of yourself or others.
(c) If you suffer from a temporary or permanent medical or physical condition you must provide NLE with full details of your condition for NLE to advise on the suitability of the Tour and if accommodations can be made. NLE may request you provide further medical information.
(d) If damage, injury, loss, or death results from your failure to fully disclose relevant medical information, NLE will not be responsible.
(e) In joining the Tour, NLE is entitled to assume that you are in good health being medically and physically fit.
7.2 The customer authorises NLE staff to obtain any medical attention deemed appropriate, including ambulances or other rescue transport, and agree on behalf of the customer that the customer will accept full financial responsibility for all medical and related expenses including transportation to the extent that it exceeds the level of insurance cover in respect of the Tour.
8. Behaviour
8.1 NLE does not tolerate abusive or aggressive behaviour of the Tour participants.
8.2 NLE reserves the right to terminate your participation on the Tour if, in the sole discretion of NLE, you are aggressive or abusive to other Tour Participants or NLE staff.
8.3 If you are abusive or aggressive towards NLE staff as determined and your Tour is terminated, NLE is not responsible for any costs or expenses associated with alternative travel arrangements.
8.4 For the purposes of this clause 8, abusive or aggressive behaviour includes but is not limited to:
(a) verbally abusive or offensive language towards anyone;
(b) bullying behaviour;
(c) inappropriate or abusive behaviour including uninvited physical contact, harassment, violence or threat of violence;
(d) excessive consumption of alcohol or intoxication;
(e) the possession, carriage or use of restricted substances or drugs (except for medical purposes approved by your doctor);
(f) failure to comply with the NLE’s (including a representative’s) reasonable direction;
(g) conduct which, in the NLE’s opinion, is not compatible with other guests’ general enjoyment and well-being or the smooth operation of the trip;
(h) the possession, carriage or use of dangerous items (such as weapons);
(i) breaking the law of the jurisdiction in which you are travelling; and
(j) any behaviour or conduct which brings the NLE into disrepute or damages its goodwill.
9. Insurance
It is your responsibility to ensure that you have obtained sufficient travel and medical insurance prior to the departure date of the Tour.
10. Alterations
10.1 NLE reserve the right to change prices, itineraries, and dates of Tours for unforeseen circumstances.
10.2 NLE will notify you of any changes by written notice to the email or phone number which was used by you to confirm your booking.
11. Privacy & Personal Information
NLE will comply with the Australian Privacy Principles as set out in the Privacy Act 1998 (Cth) (if applicable), and the privacy provisions of any applicable State privacy legislation. The NLE Privacy Policy covers all personal information we hold. Please refer to our Privacy Policy for details.