Liability Waiver for the Business Registered to Judith Greenaway trading as Discovering Italy, a sole trader business registered in Australia (ABN 41 937 419 176).
Business address is 35 Kleinitz Rd Nungurner VIC 3909.
Last updated August 2023
This Liability Waiver is undertaken with me, Judith Greenaway, trading as Discovering Italy for provision of any Consultation Services or Bookings You undertake with me, Judith Greenaway, and form the basis for acceptance of all bookings. Also, if You, as the lead-named person in the contract, are making a booking on behalf of others as well as yourself, You guarantee that You have the authority to enter into the contract and that You and they have agreed to be jointly and severally liable to Me. You, therefore, accept personal liability for the acceptance and compliance of each of those people, with these contract terms. The Agreement may be amended only in a written document, signed by both parties.
Services in this context are provided by Judith Greenaway trading as Discovering Italy, hereinafter referred to as “Discovering Italy”, “DI”, “I”, “Me” or “My”.
For the purpose of the Agreement, the signer will be referred to as the “Traveller,” “You” or “Your”, and will include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.
"Consultation Service" means any pre-booking discussion constituted as part of the services offered.
"Booking" means a service enacted by Me on Your behalf, in booking a holiday, tour programme, event or activity.
THE CONTRACT BETWEEN US
Consultation and Booking Services provided by Judith Greenaway, trading as Discovering Italy, may vary. Whatever service You choose, the terms of this contract will apply unless I indicate otherwise. The contract between us comes into existence when I send a confirmation invoice to You. You will have undertaken to pay for Your service or booking and I will have undertaken to provide You with the service or programme I describe in the information provided specifically to You. When You make a booking with Me, You have the benefit of My full compliance with the Competition and Consumer Act 2010 (Act No 51 of 1974 as amended).
Whether You request a consultation service or a fully booked programme, I require an upfront service fee or deposit and a completed booking form, as provided to You. A confirmation invoice will be sent to You by post or email. I may decline Your booking for any reason, and I do not have to give You the reason. If that happens, I will return Your money to You immediately and in any event within 14 days.
REQUESTING A CONSULTATION AND/OR BOOKING YOUR TOUR PROGRAMME
CANCELLATION OR ALTERATIONS TO TRAVEL ARRANGEMENTS BY DI
All tour programme arrangements are made in what DI considers to be in Your best interests, however, because travel arrangements are often made far in advance, it is sometimes necessary to change an arrangement and occasionally even cancel a Tour programme. DI retains the right to modify or cancel any excursion or accommodation facility if it cannot be provided for any reason. In such an unlikely event, DI will offer alternative arrangements. The tour programme can also be cancelled if the minimum number of participants required for a particular tour programme is not reached. If cancellations or alterations to Your programme does occur, the following terms apply:
- You will always be informed as soon as possible about any change. If that happens, You may:
- accept the change; or
- accept My offer of alternative travel arrangements of a comparable standard; or
- cancel the particular activity affected by the change, whereupon I will give You a full refund of money paid for that activity.
- You will not be compensated for minor changes outside My control. Examples are changes to flight times or other ad hoc public transport arrival/departure times, transport strikes and the like.
- Provided Your final payment has been made, Your travel arrangements will only be cancelled by where circumstances provide no alternative.
If You have cause for complaint whilst on Your tour programme, You must immediately bring it to the attention of Your tour host who will endeavour to rectify the situation. Should DI’s tour representative be unable to resolve the problem, details of the complaint must be notified to DI in writing within 30 days of completion of the tour programme.
No refund for unused ground content will be made for any reason whatsoever. If You make any alteration to any portion of the tour programme, such alteration will be completely at Your expense. Refunds are not available for services provided in the tour programme price, but not utilised by the Traveller.
FORCE MAJEURE - UNEXPECTED STRIKES, WARS, UPRISINGS, NATURAL DISASTERS
In case of any “force majeure” I will not be liable where the performance or prompt performance of obligations under the contract is prevented or affected by such event or where the traveller otherwise suffers any damage, loss or expense of any nature as a result of a force majeure event.
It is the responsibility of the individual Traveller to make sure that he/she is in possession of the proper travel documents and that they are in compliance with current government and transportation companies’ regulations, in Your home country and Italy.
Judith Greenaway and/or associated companies or agents, acts only in the capacity of agent for the Traveller in all matters of transportation, tour operation and other services. All receipts, tickets, vouchers, coupons, or exchange orders are issued subject to the terms and conditions under which the transportation, tour operation and other services are provided and therefore do not assume any responsibility for loss, injury, accident, delay, damage, or irregularity that may be caused to person or property, however caused, or arising during any tour under its management, sponsorship, procurement or otherwise.
LIMITATIONS ON LIABILITY
The endeavour in this service is always to provide the means for You have a perfect holiday, to make this experience special for You. Nonetheless, I must make clear the limitations in law. Please note, I am not liable if any failure is due to:
- Your own carelessness or negligence in any aspect of Your behaviour whilst on a tour programme;
- medical emergencies;
- laws, culture and standards of service and behaviour in region or locality included in any visit;
- changes I reasonably make to an itinerary or to accommodation or any other aspect of the management of Your booking;
- some third party unconnected with the provision of travel arrangements which could not reasonably have been foreseen or avoided;
- any other unusual and unforeseeable circumstances beyond My control;
- a specific event or series of events which I or My contractors or providers could not reasonably have foreseen or prevented;
We both remain subject to international conventions when they apply. This may limit the amount of a claim You may make, against Me or anyone else. The services and features included in Your booking are those specified in the information provided specifically to You. If You choose to buy other goods or services during Your Holiday, those are not part of My service, even if My representative helps You to buy or arrange them. Accordingly, I am not liable to You for any happening in connection with that service or goods.
FURTHER TO YOUR OBLIGATIONS AND WARRANTIES
You warrant to Me that:
- You are at least 18 years old and have the power, capacity and authority to enter into a binding contract with DI and with the Providers of the Travel Products that You acquire;
- You have read and understood the Terms and Conditions provided with Your invoice and if booking on behalf of third parties, You have conveyed these Terms and Conditions to them;
- the information You provide about Yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process;
- You have considered acquiring comprehensive travel insurance and We are not responsible for any failure by You to acquire adequate insurance cover.
All personal information acquired as part of the booking process will remain confidential. Information will be used for mutual benefit and the actual personal information will be treated singularly and exclusively for purposes related to the implementation and fulfilment of the contract or, as an obligation in observance of the law and, therein, includes full implementation of all security measures. The information will be recorded manually and with electronic tools, preserved only for the duration expected by law and then destroyed in accordance with the law.
The validity, construction and performance of this contract shall be governed by the laws of the State of Victoria and the parties agree that any dispute arising from it shall be litigated only in that State.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
The Traveller, individually, and on behalf of its heirs, successors, assigns and personal representatives, herby indemnifies and releases fully and finally from any and all liability, claims, loss, suits, demands and damages brought by the Traveller (or and including by any third party as a consequence of any act of omission of the Traveller) and covenants not to sue or cause to be sued in any judicial or administrative forum, or otherwise, Discovering Italy, its officers, agents, and employees with respect to any and all matters relating to or arising from the Traveller’s conduct (including acts and omissions) and participation in the Tour programme. It is understood and agreed that Discovering Italy shall in no way be deemed responsible for the operation or management of any means of transportation, public or private, or facilities used by the Tour Programme or any Tour Programme participant, and the Traveller’s participation on any tour or transportation or event or activity will be solely at their own risk. Further, should the Traveller engage in any activities which involve a risk to person or property (including but not limited to climbing and jumping off statues, structures and rocks, the operation of any motorized or non-motorized vehicle, skiing, snowboarding, swimming, and any activity while intoxicated or under the influence of any substance), they do so at their own risk and agree Discovering Italy shall in no way be liable for the Traveller’s actions, safety, loss and damage.
ACKNOWLEDGEMENT AND ACCEPTANCE OF DI’s TERMS AND CONDITIONS AND WAIVER AND RELEASE AGREEMENT
As the lead-named person in any Consultation Service or Booking made with Discovering Italy, receipt of any monies paid by You to Discovering Italy in respect of a Consultation Service and/or booked Tour programme constitutes a legally binding contract between You and DI and indicates that You have read, understood and accepted the Terms and Conditions, and Waiver and Release Agreement as presented to you and which are also published and available on the Discovering Italy website.
This Liability Waiver will be offered to You, on booking with DI, in hard copy, emailed as a PDF or You will be referred to the Discovering Italy website page. It is then Your responsibility to read and absorb all that is contained therein.