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Terms of Service

Last Updated: June 15, 2023

1. Introduction

Welcome to Aussie Explorer. By accessing our website at holodnaya-vishnya.com, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, please do not use our website or services.

Please read these Terms carefully. They constitute a legally binding agreement between you and Aussie Explorer Pty Ltd, trading as Aussie Explorer ("we," "our," or "us").

2. Definitions

In these Terms:

  • "Service" or "Services" means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by Aussie Explorer.
  • "Website" means our website at holodnaya-vishnya.com and all subdomains.
  • "User," "you," and "your" means any person who accesses or uses the Services.
  • "Tour" or "Tours" means any travel services, experiences, or packages offered by Aussie Explorer.
  • "Booking" means a reservation of travel services made through our Website or directly with our agents.

3. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:

  • You are at least 18 years of age;
  • You have the legal capacity to enter into binding contracts;
  • You are not barred from using our Services under the laws of Australia or any other applicable jurisdiction.

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.

4. Account Registration

Some features of our Services may require account registration. When you register an account, you agree to:

  • Provide accurate, current, and complete information;
  • Maintain and promptly update your account information;
  • Maintain the security of your account and password;
  • Not share your account credentials with any third party;
  • Promptly notify us of any unauthorized use of your account or other security breaches.

We reserve the right to suspend or terminate accounts that contain false or outdated information, or that violate these Terms.

5. Bookings and Payments

5.1 Booking Process

When you make a Booking through our Website or agents, you agree to provide accurate and complete information for all participants in the Tour. Bookings are subject to availability and confirmation.

5.2 Payment Terms

All prices are listed in Australian Dollars (AUD) unless otherwise specified. Payment terms for Tours are as follows:

  • A non-refundable deposit (typically 20% of the total Tour price) is required to confirm your Booking;
  • Full payment is due 60 days prior to Tour commencement;
  • For Bookings made within 60 days of departure, full payment is required at the time of Booking;
  • Additional fees, such as single supplements or optional extras, will be clearly communicated before booking.

5.3 Price Changes

We reserve the right to change Tour prices before your Booking is confirmed. Once your Booking is confirmed, the price will not change unless there are significant external factors beyond our control (such as substantial currency fluctuations, government taxes, or fuel surcharges). Any such price changes will be communicated to you as soon as possible.

5.4 Payment Methods

We accept various payment methods, including credit cards, bank transfers, and other electronic payment options. Specific payment methods available will be displayed during the checkout process. All payments are processed securely, and credit card details are encrypted during transmission.

6. Cancellations and Refunds

6.1 Cancellation by You

If you need to cancel a confirmed Booking, the following cancellation fees apply:

  • 60+ days before departure: Loss of deposit
  • 30-59 days before departure: 50% of total Tour cost
  • 15-29 days before departure: 75% of total Tour cost
  • 0-14 days before departure or no-show: 100% of total Tour cost

All cancellations must be made in writing to [email protected]. The date of receipt of the cancellation notice will determine the applicable cancellation fees.

6.2 Cancellation by Us

We reserve the right to cancel a Tour for any reason, including insufficient participation or force majeure events. If we cancel a Tour:

  • We will offer you an alternative Tour of equivalent or superior quality if available;
  • If an alternative is not available or not acceptable to you, we will provide a full refund of all monies paid for the Tour;
  • We are not responsible for additional expenses incurred by you in preparing for the Tour (e.g., non-refundable flights, visa fees, or vaccinations).

6.3 Changes to Bookings

If you need to make changes to your Booking (such as changing dates or participants), we will make reasonable efforts to accommodate your request. However, changes are subject to availability and may incur additional fees. Change requests must be submitted in writing to [email protected].

6.4 Travel Insurance

We strongly recommend that all travelers purchase comprehensive travel insurance that includes coverage for trip cancellation, interruption, medical emergencies, and baggage loss. Travel insurance is the sole responsibility of the traveler.

7. Tour Participation and Conduct

7.1 Tour Requirements

Some Tours may have specific physical, health, or documentation requirements. It is your responsibility to:

  • Ensure you and all travelers in your Booking meet the specified requirements;
  • Obtain and carry all necessary travel documentation (passports, visas, vaccination certificates, etc.);
  • Disclose any medical conditions or dietary requirements that may affect Tour participation.

Failure to meet these requirements may result in exclusion from the Tour without refund.

7.2 Traveler Conduct

When participating in our Tours, you agree to:

  • Comply with all applicable laws and regulations;
  • Follow the instructions and guidance of Tour leaders and guides;
  • Respect the customs, traditions, and environments of the places visited;
  • Behave in a manner that does not disrupt the enjoyment of other travelers or cause damage to property.

We reserve the right to remove any traveler from a Tour who engages in inappropriate conduct, without any refund or compensation.

7.3 Travel Documents

It is your responsibility to obtain and maintain valid travel documents, including:

  • A passport valid for at least six months beyond your return date;
  • Any required visas or entry permits for the countries visited;
  • Required vaccination certificates or health declarations;
  • Travel insurance documentation.

We are not responsible for any losses resulting from improper documentation or failure to comply with travel requirements.

8. Website Use and Intellectual Property

8.1 Acceptable Use

When using our Website, you agree not to:

  • Use the Website for any illegal purpose or in violation of any local, state, national, or international law;
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights;
  • Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available;
  • Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website;
  • Use any robot, spider, scraper, or other automated means to access the Website;
  • Introduce viruses, Trojan horses, worms, or other harmful code to the Website.

8.2 Intellectual Property

All content on our Website, including text, graphics, logos, images, photographs, videos, software, and other materials, is owned by Aussie Explorer or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our Website without our prior written consent, except for:

  • Temporary storage in your computer's cache memory during browsing;
  • Storage of Website pages for your personal, non-commercial use;
  • Printing of Website pages for your personal, non-commercial use.

8.3 User Content

If you submit content to our Website (such as reviews, comments, or testimonials), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

You represent and warrant that you own or control all rights in the content you submit and that such content does not violate these Terms or any applicable law.

9. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, resulting from your use of our Services or Website;
  • Our total liability for any claims arising from or related to these Terms or our Services shall not exceed the amount you paid to us for the specific Tour giving rise to the claim;
  • We are not liable for any loss or damage resulting from force majeure events, including natural disasters, acts of terrorism, government actions, labor disputes, or other events beyond our reasonable control;
  • We are not liable for actions or omissions of third-party suppliers, including hotels, transportation providers, activity operators, or other service providers;
  • We are not liable for any loss or damage to personal belongings during Tours.

Nothing in these Terms excludes or limits our liability for matters that cannot be excluded or limited under applicable law, such as death or personal injury caused by our negligence.

10. Indemnification

You agree to indemnify, defend, and hold harmless Aussie Explorer, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms or any applicable law;
  • Your use of our Services or Website;
  • Content you submit to our Website;
  • Your negligence or willful misconduct during Tour participation.

11. Changes to Terms

We may update these Terms from time to time to reflect changes in our practices, Services, or legal requirements. The updated Terms will be posted on our Website with a revised "Last Updated" date. Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms.

For material changes to these Terms, we will make reasonable efforts to provide notice, such as by sending an email to registered users or displaying a prominent notice on our Website.

12. Termination

We may terminate or suspend your access to our Services at any time, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our Services shall be resolved as follows:

  • We encourage you to contact us first to seek an amicable resolution;
  • If the dispute cannot be resolved informally, it shall be submitted to mediation in Sydney, Australia;
  • If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in Sydney, Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration;
  • The arbitration shall be conducted by a single arbitrator, and the arbitration award shall be final and binding on both parties.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or prevent irreparable harm.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Aussie Explorer concerning your use of our Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. No waiver of any provision shall be effective unless it is in writing and signed by an authorized representative of Aussie Explorer.

14.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including natural disasters, terrorist activities, government actions, or industrial disputes.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Aussie Explorer
42 Circular Quay West
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: +61 2 8765 4321

Aussie Explorer Logo Aussie Explorer

Your trusted guide to authentic Australian adventures since 2005. Creating unforgettable journeys through the diverse landscapes of the land down under.

Contact Us

Aussie Explorer

42 Circular Quay West

Sydney, NSW 2000

Australia

Phone: +61 2 8765 4321

Email: [email protected]

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