TERMS AND CONDITIONS
In these terms, we also refer to Picnic Island (TAS) Pty Ltd trading as Picnic Island ABN 19 683 817 290 as ‘Picnic Island’, ‘we’, ‘us’ or ‘our’.
And you are you!
1 BOOKINGS
1.1 SUBMITTING A BOOKING REQUEST
(i) By submitting a request for the purchase of a Booking for a Retreat (Booking Request) using the functionality on our website at www.picnicisland.com.au (Website) or via our Booking System (defined in clause 4) (Booking) you represent and warrant that you have the legal capacity to enter into a binding contract with us and must be at least 18 years of age and you are authorised to use the debit or credit card you provide with your Booking.
(b) We reserve the right to accept or reject your Booking Request for any reason. All accepted Booking Requests (Bookings) are subject to availability.
(c) Each person who attends any Retreat (Guest) agrees to be bound by these terms & conditions which form a binding contractual agreement between the Guest and us. If you do not agree to these terms and conditions, you must not attend the relevant Retreat.
1.2 BOOKING FORM
(a) When submitting a Booking Request, you will be required to fill out a booking form completed via our Website or Booking System, relating to the Services to be performed by us (Booking Form).
(b) If there is anything that you think we should know about you before we provide the Services, please let us know at least one month prior to the start of the Retreat so that we can accommodate your needs to the best of our ability. This includes:
(i) any previous or current medical conditions, illnesses, or injuries;
(ii) any allergies, intolerances, or dietary requirements; and
(iii) any activity preferences and requests for your Booking (Itinerary).
(c) You represent and warrant that the information you have provided is accurate and up-to-date, and you will notify us as soon as reasonably practicable if any of your circumstances change.
(d) If we discover that any of the information you have supplied to us is inaccurate, we may, at our discretion, refuse to provide the Services to you.
2 BOOKING TERMS
2.1 ACTIVITIES AND EXPERIENCES
(a) At the time of purchasing a Booking, you will have the opportunity to review the activity and experience inclusions of your Booking (Activities and Experiences) on our Website. Activities and Experiences are subject to availability and weather conditions.
(b) You may request to vary or add inclusions for Activities and Experiences (for example, transfer by seaplane) (Additional Inclusions) before and during your Booking. Additional Inclusions may be subject to additional fees (available on enquiry) and are subject to availability and weather conditions.
(c) Where Activities and Experiences and Additional Inclusions are provided by third-party service providers (Activity Operators):
(i) You appoint Picnic Island to enter into an agreement on your behalf with the relevant Activity Operator as part of providing the Services to you; and
(ii) Upon arrival at the Activity Operator, you must (and procure that all other Guests participating in the Activities and Experiences) provide all the details reasonably required by the Activity Operator.
(d) Flights and other transportation to the Retreat other than Boat Transfers set out under clause 2.2 are not included in your Booking.
2.2 BOAT TRANSFERS
(a) At a time specified in the Booking Form, a Picnic Island staff member (Staff Member) will pick up the Guests from the address set out on the Booking Form (Transfer Address) and take them to the Retreat accommodation. At the end of the Booking, the Staff Member will return the Guests to the Transfer Address.
(b) Boat Transfers may be cancelled or modified due to weather and sea conditions or any other circumstances which render Boat Transfers unsafe.
2.3 MEALS AND ACCOMODATION
(a) By purchasing a Booking, you agree that:
(i) the meals may be provided by third-party service providers (e.g. restaurants) and you are responsible for confirming that all meals are suitable for your consumption based on your personal dietary requirements; and
(ii) while we will use our best endeavours to ensure all meals consider food allergies and intolerances, we cannot guarantee any meals will be suitable and you will be responsible for notifying us in advance of any dietary requirements.
2.4 GUEST CONDITIONS
(a) Additional Guests aged 14 and above are charged an additional rate as set out on the Website (Additional Rate), with a maximum of eight (8) Guests per Booking.
(b) Guests are required to follow all instructions regarding environmental responsibility provided by Picnic Island, including but not limited to complying with wildlife interaction guidelines, waste management and sustainability protocols, and instructions for the use of designated areas. For wildlife protection reasons, pets are not permitted on Picnic Island.
(c) You may be denied entry to the Retreat, or removed from the Retreat if you fail to follow these terms or where we have reasonable grounds to do so, including (without limitation) where we believe that you have engaged in any illegal or disruptive activities, you are intoxicated, under the influence of illicit substances, or represent a security risk. If you are removed or denied entry from the Retreat you will not be entitled to any refund.
3 DISCLAIMER
3.1 RISK
You acknowledge and agree that your use of the Services (including your participation and attendance at Activities and Experiences) is at your own risk. We provide the Services and each Booking on an “as-is” basis, and whilst every effort is made to ensure the information provided through the Services is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness, and/or accuracy of anything contained in the Services and each Booking for any purpose.
3.2 CLIENT REPRESENTATIONS
(a) You acknowledge and warrant that you:
(i) possess the necessary fitness and physical ability to participate in the activities that form part of the Booking and understand the risks and requirements of the activities; and
(ii) do not have any medical conditions or mobility issues which may affect your ability to participate in any activities under a Booking which have not been disclosed to Picnic Island.
(b) You acknowledge that Picnic Island may, in its discretion, refuse to allow you to participate in any activity if we do not believe that you are fit to participate and may not offer you a refund of any Fees paid by you in respect of those activities.
4 BOOKING SYSTEM
We may direct you to a third-party booking Website (currently https://book-directonline.com/properties/PicnicIslanddirect) (Booking System) to submit your Booking Request and enable you to purchase a Booking for a Retreat. You acknowledge and agree that:
(a) the issuing of Bookings by the Booking Systems will be, in addition to these terms, subject to the charges, including transaction fees, and terms, conditions, and privacy policies of the Booking System, and we are not liable for the security or performance of the Booking System;
(b) you are responsible for ensuring the details on the Booking are correct and we will not be responsible for any incorrect or incomplete information you provide to us in a Booking Request and you agree to indemnify us for any loss or damage incurred as a result of providing such information.
5 FEES AND PAYMENT
(a) All fees for Bookings (Fees) are displayed on the booking page of the Website (Booking Page) or the Booking System and are subject to change without notice prior to your Booking.
(b) You must pay the Fees for your Booking in the amounts, and on or before the due dates, set out at the time of submitting a Booking Request and/or on an invoice issued by us to you (Invoice). You must pay the deposit via our Website (or via the Booking System) at the time of submitting a Booking Request to secure your Booking.
(c) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
(d) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) We may use third-party payment providers (Payment Providers) to collect payments for Bookings. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
(f) In the event that we discover an error or inaccuracy in the price at which your Booking was purchased, we will attempt to contact you as soon as possible and discuss options to rectify the error.
6 CHANGE FEES CHARGED BY PICNIC ISLAND
(a) If you purchased a Booking directly with Picnic Island, you must request any changes or cancellations directly with us.
(b) You may be required to pay Picnic Island additional fees for changes to Bookings requested by you in the relevant Booking Request, including but not limited to changes of names, dates or times (Changes).
(c) Activity Operators may impose additional fees in relation to any Changes or cancellations in relation to the Activities and Experiences booking.
7 CANCELLATION
In addition to clause 6, you may cancel your Booking by written notice to us (Notice) in accordance with the cancellation policy set out on our Website (Cancellation Policy). Non-attendance of any Booking or part of a Booking by you for any reason does not provide the right to refund or for you to reschedule your Booking to a later Booking.
8 THIRD PARTY TERMS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Website or any services related to Website and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
9 THIRD PARTY PROVIDERS
To the extent permitted by law, neither we nor any of our directors or employees are liable for any loss or damage suffered by you in connection with third-party providers over whom we have no direct control. This includes, without limitation, the provider of any venue or catering.
10 WARRANTIES
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund) if there is a failure with the goods or services provided.
11 LIABILITY AND INDEMNITIES
11.1 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 12.1(b), the total liability of each party (being you and us) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the total Fees paid to us by you under the most recent Booking.
(b) Clause 12.1(a) does not apply to your liability in respect of loss or damage sustained by the Company arising from your breach of these terms, breach of third party intellectual property rights or criminal, negligent or fraudulent act or omission.
11.2 CONSEQUENTIAL LOSS
(a) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:
(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(ii) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
12 IF THE PARTIES HAVE A DISPUTE
(a) If an issue between the parties arises under this agreement that cannot be resolved day-to-day, the parties will make genuine efforts in good faith to participate cooperatively in mediation through the Australian Disputes Centre (ADC), at equal shared expense of the parties.
(b) The parties will follow the mediator’s recommendations on the extent of mediation required, and when to stop mediation if the issue cannot be resolved.
(c) If mediation does not resolve the issue, the parties must:
(i) if they haven’t already done so, engage independent legal representation at their own expense to understand the strength of their arguments; and
(ii) based on that advice, if settlement is not achieved, participate in arbitration (or other dispute resolution mechanism agreed in mediation) through the ADC at equal shared expense.
(d) The parties will follow the binding outcome of arbitration (or other agreed mechanism).
(e) Either party may at any time during this process make an offer for settlement. The parties acknowledge and agree it is in their best interests to properly consider all genuine settlement offers. The parties will use best endeavours to avoid litigation and reach a prompt settlement.
(f) The process in this clause does not apply where a party requires an urgent injunction.
13 GENERAL
13.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Tasmania, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Tasmania, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.