Booking Terms and Conditions

Booking Terms and Conditions:

These Booking Conditions set out the terms on which the School contracts with Unearth-Ed for the arrangement and delivery of travel arrangements for your Tour. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.

“Participant” or “Traveller” is any person (for example a student, teacher or parent/guardian) associated with the School who participates on the Tour. 

“Participant Conditions” means the conditions upon which Unearth-Ed permits a Participant to participate on a Tour in the form annexed to these Booking Conditions.

“School” means the school or college who has booked a Tour to be arranged by Unearth-Ed for the benefit of travellers/participants.

“School Representative” means any person authorised by the School to enter into contracts on behalf of the School or to otherwise contractually bind the School.  

 “Participant” or “Traveller” is any person (for example a student, teacher or parent/guardian) associated with the School who participates on the Tour. 

“Tour” means a tour comprising various travel arrangements arranged, coordinated or otherwise delivered by Unearth-Ed for the benefit of the School and Participants

 “We”, “us”, “our” and “Unearth-Ed” means Capets Pty Ltd trading as Unearth-Ed.

BOOKINGS

A booking request is accepted when we issue a written booking confirmation and the School has paid its deposit. It is at this point that a contract between Unearth-Ed and the School comes into existence subject to these Booking Conditions. Unearth-Ed reserves the right to decline any booking at its discretion.

PARTICIPANT CONDITIONS

The School must ensure that Participants are made aware of the Participant Conditions prior the School permitting the Participant to participate on the Tour. If a Participants is under the age of 18 years of age, the parent/guardian of the Participant must be made aware of the Participant Conditions. The School is responsible for any claims made against us (and any losses, damages or expenses incurred) which would have been limited or excluded had the School made the Participant (or the parent/guardian as relevant) aware of the Participant Conditions.

SERVICES

We commence providing services to the School as soon as we accept the School’s booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of the travel arrangements forming the Tour. The School also receives the benefit of work we undertake in anticipation of bookings. The services we provide to the School and/or for the benefit of Participants are limited to: (a) the arrangement and coordination of travel arrangements; and (b) the delivery of travel arrangements which we directly own, operate or control.

PRICES & EXCLUSIONS

Prices stated are in Australian Dollars ($AUD) and are current at the time of publication. Please contact us for the most up to date pricing. The price includes accommodation, transportation and other inclusions as per the published itinerary for the Tour.

PRICE VARIATIONS  

We reserve the right to vary the price prior to the Tour’s commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges.

We also reserve the right to vary the price due to currency fluctuations. However, we will not vary the price for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.

The price per Participant quoted to the School may be based on a particular number of Participants. Unearth-Ed will notify the School prior to accepting a booking if this is the case. The School acknowledges that if the Tour proceeds with less than that particular number of Participants, then Unearth-Ed reserves the right to reasonably adjust the price per Participant based on the actual number of Participants. If this results in an increase to the price, the School will be responsible for payment of any increase to the price. If the School fails to pay any increased price, then this will be considered a cancellation by the School and standard cancellation fees (as set out below) will apply.

PAYMENT

Deposit

A deposit will be due within 14 days from your booking confirmation. You consultant will advise the amount.  Please note that we may not hold any services until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case the School will be responsible for paying the increased price, and we will not be responsible if services become unavailable.

Final Payment

Payment in full must be received no less than 30 days before commencement of your Tour or such earlier date as reflected on your invoice. Note: some Tours or particular arrangements may require payment earlier or in additional instalments and this will be advised with the booking confirmation.

If the School fails to make payment by the due date, we will remind the School to make payment. In addition to the payment, the School will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, the School will be deemed to have cancelled your booking.

Participant payments

It is the School’s responsibility to collect corresponding payments from Participants. The failure by the School to collect payments from Participants does not absolve the School of its obligations to make payment to Unearth-Ed.

CANCELLATIONS BY YOU

The School may cancel its booking in whole or for particular Participants by giving written notice to Unearth-Ed. Since we incur costs in cancelling travel arrangements and we would have already  performed work prior to cancellation, cancellation fees (pro rata per Participant) are payable as follows:

• Over 30 days before commencement of the Tour: Deposit

• Within 30 days or no show 100% of the total Tour Price

Reference to “Tour Price” means either: (a) the entire price where the School cancels the Tour for all Participants; or (b) the price per Participant where the School cancels the Tour for particular Participants.

The School may replace a Participant with another person who satisfies all the conditions that apply to the booking, by giving us written notice to us at least 14 days before commencement of the Tour. This is subject to the School: (a) providing all relevant information and necessary consents (including confirmation that the replacement has been made aware of the Participant Conditions); and the School paying all additional costs incurred by us (including additional fees imposed by carriers and third party suppliers) resulting from such transfer. 

The cancellation charges specified above represent a genuine pre-estimate of the losses we have incurred if you cancel at particular points in time.

A transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.

OTHER CANCELLATIONS

In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (the events in (d) being “Government Restrictions”)).

Force Majeure - Prior to travel

If:

• in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your travel arrangements cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or

• you give us notice no more than 14 days prior to commencement of the Tour that Participants cannot reasonably make use of the Tour due to Government Restrictions (for example due to border closures)

then we may:

• reschedule the Tour, but only if you are agreeable to the rescheduling; or

• cancel the Tour, in which case our contract with you will terminate.

If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either:

• issue you with a credit equal to payments received by us for the Tour, redeemable within 24 months of issue against any travel services offered by us; or

• refund payments attributable to the cancelled Tour less: (a) unrecoverable third party costs and other expenses incurred or payable by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the Tour; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.

Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined.

Force Majeure - During travel

If due to Force Majeure we cancel travel arrangements after your Tour has commenced, we will provide you with a refund of recovered third party costs plus any third party costs we don’t incur for cancelled travel arrangements only.

Force Majeure – General

Where a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.

We will not be responsible for any other loss or costs the School or any Participants incur in connection with the booking (for example, airfares, insurance and visa expenses) if the Tour or particular travel arrangements are cancelled due to an event of Force Majeure. 

If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure which the School accepts, then the School agrees the amount to be refunded will be reduced by the value of these services and assistance.

The School acknowledges that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage the School and Participants to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events as soon as a deposit has been paid.

Other cancellations

If we cancel your travel arrangements for reasons other than Force Majeure or a failure to satisfy minimum numbers (see below), you will be offered (at your election) a refund of all funds paid, or the offer of travel arrangements of substantially equal quality if appropriate. To the fullest extent permitted by law, we will not be responsible to you for any other expenses or loss incurred by the School or Participants resulting from our cancellation.

AMENDMENTS BY THE SCHOOL

We will endeavour to accommodate amendments and additional requests. The School acknowledges that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $1,000 will be levied to cover communication and administration costs for any changes to bookings. The School will also be required to pay any additional costs charged by suppliers.

AMENDMENTS BY US

Prior to travel

Due to the dynamic nature of the travel industry, we may occasionally need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your itinerary or its inclusions that materially detract from the overall value of the Tour (where we determine it can still proceed), then we will notify you within a reasonable time and refund you an amount attributable to any reduction in value determined by us acting reasonably.

During travel

You acknowledge that the itinerary, modes of transport, accommodation and/or the Tour’s inclusions may need to change during your Tour due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.

General

To the fullest extent permitted by law:

• we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications;

• if the School is entitled to any compensation for any modifications or omissions, then the School agrees it will be reduced by the value of any alternative services we provide which the School accepts; and

• we will not be responsible to the School or any Participants for any other expenses or loss incurred resulting from any amendment or change to the itinerary or its inclusions. 

UNUSED & DENIED SERVICES

No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for.

If Participants are not fully vaccinated against Covid-19 and particular suppliers refuse to provide them with travel arrangements, then the School agrees it will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses incurred (including loss of enjoyment) if Participants are denied services in these circumstances.

CLIENT NAMES – EXACTLY AS PER PASSPORT

For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in passports. If the School does not advise the correct information and we have to re-issue airline tickets or other documentation, then the School will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.

TRAVEL INSURANCE

It is strongly encouraged that all Participants are adequately insured for the duration of your Tour. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage and additional expenses. We strongly suggest that insurance is purchased at the time of payment of the deposit. This is because cancellation fees and charges are payable from that time.

ACCOMMODATION

Due to the dynamic nature of the travel industry, we may need to substitute hotels, vessels and other forms of accommodation with properties or vessels of a substantially comparable or higher standard. We will endeavour to minimise substitutions. You acknowledge that these substitutions will not be considered a significant change.

PASSPORTS, VISAS & VACCINATIONS

It is the School’s responsibility to ensure that Participants are: (a) in possession of valid passports (as may be required) and other necessary documentation to comply with the laws and regulations of the destinations to be visited during the Tour; and (b) obtain vaccinations and preventative medicines as may be required for the duration of the Tour. Any information provided by us is given in good faith.

HEALTH, FITNESS & DIETARY REQUIREMENTS  

It is the School’s responsibility to collect Participant’s dietary requirements and significant medical conditions. The School must provide particulars to Unearth-Ed at least 30 days prior to the Tours  commencement, to enable Unearth-Ed to provide details to suppliers as required.

Unearth-Ed will not assess the fitness Participants to participate on the Tour. It is the School’s responsibility to assess the fitness and ability of Participants, including assessing any medical conditions. Unearth-Ed takes no responsibility for any personal injury or death suffered by a Participant who was medically unfit to travel. The School indemnifies and holds Unearth-Ed harmless against any claims made by a Participant in this regard.  

It is the School’s responsibility to ensure the Participant carries all relevant medication and medical supplies applicable to the Participant’s personal medical condition as well as ensure that, during the Tour, the traveller’s medication and/or condition is managed as per their physician’s advice. The taking of medication is the sole responsibility of the School and the Participant.   

Unearth-Ed will pass onto suppliers the details of any significant medical conditions and dietary requirements communicated to Unearth-Ed by the School. For any participants at risk of severe anaphylaxis, the School and/or parents/guardians are required to communicate special needs directly with accommodation and other suppliers. Unearth-Ed will provide contact details to facilitate this communication. 

That is the extent of Unearth-Ed ‘s responsibility regarding dietary requirements and medical conditions.

Unearth-Ed does not guarantee that dietary requirements will be met. It is the School Representative’s responsibility to check that food and beverage does not contain allergens.

If a traveller needs to withdraw on medical grounds, then any refund will be less standard cancellation fees in accordance with these Booking Conditions. For this reason, we strongly advise the School to advise Participants to take out an insurance policy that covers pre-departure medical cancellation.

RESPONSIBILITY

Services supplied by independent suppliers

Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of the Tour, the School acknowledge that our obligations are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements for the benefit of the School and/or Participants. Independent Suppliers over whom we have no direct control could include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), attraction and venue operators and common carriers.

To the fullest extent permitted by law, we will not be responsible to the School for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence.  Any claims the School has in this regard must be made against the Independent Supplier.  

Services we directly supply

To the extent only that we are the principal supplier to you of travel arrangements or other services the form part of the Tour which we control, own or directly operate then we will provide those travel arrangements and services with reasonable skill and care.

We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do. 

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.

Recreational services

If we supply any recreational services to Participants, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.

This exclusion does not apply to significant personal injury caused by our reckless conduct.

Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:

(a) a sporting activity or similar leisure time pursuit; or

(b) any other activity that:

(i)    involves a significant degree of physical exertion or physical risk; and

(ii)    is undertaken for the purposes of recreation, enjoyment or leisure.

General liability limitation

We do not guarantee our schedule. We will not be responsible for any loss or additional expenses incurred by the School or Participants for any missed connections/services attributable to delays.

The School acknowledges that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.

Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.

To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements forming the Tour to be resupplied or payment of the cost of having them resupplied.

COMPLAINTS

In the event of a problem with any aspect of travel arrangements the School’s Representative must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.

If the School Representative notifies us of a problem during travel and we haven’t resolved it to the School’s satisfaction, please follow this up in writing within 30 days from the end of the Tour. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant).

If the School fails to follow this procedure, this may limit the School’s rights to make a claim.

GENERAL

The contract between Capets Pty Ltd trading as Unearth-Ed and you is governed by the laws of the State of New South Wales provided that if the civil liability legislation of New South Wales does not apply because a cause of action arose outside New South Wales, then this contract (to the extent it relates to that cause of action) shall be governed by the State or Territory in which the cause of action arose. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State or Territory of the governing law.

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published https://www.unearth-ed.com.au/privacy-policy

ANNEXURE – PARTICIPANT CONDITIONS

Contract

Our contract for arranging and coordinating the delivery of your (or your child’s) Tour is with your School. Under the Terms & Conditions of our contract with the School, your School is required to provide you with these Participant Conditions. These Participant Conditions set out the conditions upon which Unearth-Ed permits you (or your child) to participate on a Tour and/or to make you aware of certain terms and conditions of our contract with the School in relation to the Tour. To the extent you do not agree with any of these Participant Conditions, you should not confirm participation on the Tour.

Cancellations & Re-costing

You acknowledge and agree that under our contract with your School:

(a)    if you or the School cancel your participation or the Tour in general, then your School will be required to pay cancellation fees. These cancellation fees may be equal or more than amounts you have paid to the School prior to cancellation. This means you may not receive any refund and in some instances the School may require you to pay any shortfall;

(b)    if the Tour is cancelled for reasons of force majeure, then we may issue a credit or partial refund to the School. You will need to seek corresponding credits or refunds from the School and not directly from us.

(c)    if the final number of participants is less than anticipated at the time your School made its booking request, then the Tour may be re-costed and the School may pass additional costs onto you. If additional costs are not paid to us, then this will be considered a cancellation. The Tour may also be re-costed for circumstances beyond our control including changes to Government charges, taxes, new or increased fuel surcharges or (for international travel) if there is a negative currency fluctuation. The School may seek to pass on additional costs to you.

(d)    If a participant needs to withdraw on medical grounds, then any refund will be less standard cancellation fees. These fees, as set out in our contract with your associated School are:

Period before initial departure date in which you notify us

Cancellation charge

 More than 30 days

Deposit

Within 30 days prior to commencement of the Tour or no-show

100% of the Tour price

For this reason, we strongly advise participants to take out an insurance policy that covers pre-departure medical cancellation, if your School has not already done so on your behalf.

Behaviour

If a participant’s behaviour is deemed by us or our representatives or our suppliers (acting reasonably) as unacceptable or has the potential to cause harm to themselves or other people, then we may withdraw the participant from the Tour at the participant’s cost and with no further liability on our part. The School may also withdraw the participant from the Tour at the participant’s cost and with no further liability on our part.   For the avoidance of doubt, whilst a Tour is in progress, all decisions shall be made by us and our representatives or our suppliers (acting reasonably). The participant must act in accordance with all instructions from our representatives. A failure to comply with the foregoing could result in participation being terminated, and it will be your responsibility to pay for the cost of an early return to your point of departure.

To the maximum extent permitted by law, you release Unearth-Ed from any claim, suit, action, or proceedings in respect of the removal or withdrawal of a participant in accordance with these Participation Conditions.

Seatbelts

Where a vehicle, vessel or aircraft is equipped with seatbelts, you must always wear your seatbelt when onboard. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle, vessel or aircraft you are travelling on as part of the Tour will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death.  

Severe Medical Conditions

If a participant is at risk of severe anaphylaxis or other severe medical conditions, they or their parent/guardian must communicate directly (or via the School) with accommodation and other venues to discuss their particular dietary and other requirements. Contact details for suppliers will be provided to the School and/or participant (or their parent/guardian) on request.

Medical Care

You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our personnel providing you with first aid on the basis that: (a) our personnel are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. This may include attendance or evacuation by air ambulance or a similar service. If government air evacuation service is not available in a timely manner we reserve the right to engage private air evacuation services. You agree to reimburse us for any costs we incur in seeking medical treatment on your behalf.

Responsibility & Liability

We may operate Tours in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those that you would normally expect in your own country. The suppliers of the services and facilities included in your trip should comply with local standards where they are provided.  Participation is accepted on the understanding that you realise the hazards and possible risk involved in travel, including injury, disease, loss or damage to property, inconvenience and discomfort.

Services supplied by us

To the extent only that we supply services to you which we directly control, operate or own, then we will provide those services with reasonable skill and care.

We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do. 

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the services, or due to an event of force majeure.

Services supplied by Independent Suppliers

Where an independent supplier (being a supplier we do not control or own) is the supplier of services, you acknowledge that our responsibility is limited to taking reasonable care to select a reputable independent supplier. To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of an independent supplier and not caused by our negligence.  Any claims you have in this regard must be made against the independent supplier. 

Recreational Services

If we supply any Recreational Services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. This exclusion does not apply to significant personal injury caused by our reckless conduct.

“Recreational Services” means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:

(a) a sporting activity or similar leisure time pursuit; or

(b) any other activity that:

(i)    involves a significant degree of physical exertion or physical risk; and

(ii)    is undertaken for the purposes of recreation, enjoyment or leisure.

General liability limitation

We cannot guarantee our schedule. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.

Australian Consumer Law and corresponding legislation in State and Territory jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Participation Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.

To the fullest extent permitted by law, our maximum liability to you under these Participant Conditions, in tort (including negligence) or at law is limited to arranging for services forming the Tour to be resupplied or payment of the cost of having them resupplied.

Image Release

We and our suppliers may take photographs or make recordings of you and your activities that identify you during the Tour. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your Tour. 

General

These Participant Conditions are governed by the laws of New South Wales, provided that if the civil liability legislation of New South Wales does not apply because a cause of action arose outside New South Wales, then the Participant Conditions (to the extent it relates to that cause of action) shall be governed by the State or Territory in which the cause of action arose. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State or Territory of the governing law.

If any provision of these Participant Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and any foreign privacy laws, if applicable), and our Privacy Policy, which is published at https://www.unearth-ed.com.au/privacy-policy