ALL ACTIVITIES BOOKED THROUGH VACATION CARE AUSTRALIA, ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
1. By booking an Activity with Vacation Care Australia, you the Customer agree to be bound by the following terms:
The Activity Provider engages Vacation Care Australia to be their agent representative and Vacation Care Australia has the Activity Providers authority to negotiate and organise bookings with Customers on their behalf.
Vacation Care Australia is an “intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”. Vacation Care Australia does not provide, deliver, supply, control or offer the Activities. The Activity Provider alone is responsible for the provision, delivery, supply, control and offer of the relevant Activity.
The Customer must accept the Activity Provider’s Booking Terms and acknowledges that, in doing so, the Customer enters into a contract directly with the relevant Activity Provider. Vacation Care Australia is not and does not become a party to any contractual relationship as between the Customer and Activity Provider.
While Vacation Care Australia will take reasonable steps to assess the quality of the activity provider, Vacation Care Australia does not: control or guarantee the performance or conduct of any Activity Provider or attend or supervise the Activity.
The Activity Provider is responsible for ensuring that they have all necessary qualifications, accreditations, licences or other credentials necessary to provide the goods or services subject to a Booking.
Vacation Care Australia is entitled to raise invoices and collect monies on behalf of the Activity Provider, as an intermediary, even though the contract exists between Customer and Activity Provider.
2. The Customer agrees to pay the total amount of the activity to Vacation Care Australia within 14 business days after the activity date. Failure to pay the total amount owing by the DUE DATE, will incur administration and late fees. Unless expressed otherwise, all payments for bookings are inclusive of GST.
3. CANCELLATION POLICY: All bookings are subject to the Activity Provider’s booking Terms. All cancellations must be done so in writing and acknowledged by Vacation Care Australia. Cancellation requests over the phone, or via text or voicemail will not be processed.
If an activity booked and confirmed through Vacation Care Australia is cancelled by the customer:
- A $100.00 Administration Fee will apply per activity booking.
- Within 30 business days of the activity date, the amount of 25% of the booking is payable*
- Within 14 business days of the activity date, the amount of 50% of the booking is payable*
- Within 7 business days of the activity date, the amount of 100% of the booking is payable*, or up to the discretion of Vacation Care Australia management.
*Based on the number of children quoted at the time of booking.
Additional fees will be payable in line with cancellation policy of Activity Providers.
The same trading terms apply, with payment due within 14 business days of the scheduled event.
Circumstances that are beyond the control of the customer will be considered by Vacation Care Australia on a case by case basis.
4. If an activity requires VEHICLE ACCESS, you must ensure the appropriate and necessary entry requirements are arranged prior to the activity provider arriving onsite. Failure to do so will result in full fees being levied.
5. Invoices will be issued based on the number of children quoted at the time of booking, unless numbers updated 7 days prior to activity/event. Venue staffing levels are set depending on the numbers advised. These figures MUST be updated no later than 7 days prior unless stated otherwise in booking confirmation. Failure to do so may result in additional fees being levied.
6. Vacation Care Australia do not offer credit facilities to Customers.
7. All overdue invoices that are unpaid by the due date, as displayed on the Tax Invoice and/or Statement, will incur a late fee of AU $50 per week from the due date, (including all administration and late fees) until full payment is received. In the event that an overdue invoice remains unpaid and/or is disputed, Vacation Care Australia reserves the right to acquire the services of a Debt Collection Agency or Legal Representation to obtain the overdue amount, including any and/or all administration and late fees applied. Where a Debt Collections Agency or Legal Representation is acquired to obtain debt collection, all costs associated and charged to Vacation Care Australia will be required to be paid for by the Customer, in full, including all administration and late fees incurred.
8. You agree that it is the responsibility of the Customer to ensure that a copy of the Tax Invoice is given to your Accounts Payable Team or the person in charge of paying invoices. This will ensure that delays do not occur in paying the total amount of the invoice by the due date – within 14 business days from date of activity / event.
9. In instances where the Customer’s Accounts Payable Team cannot fulfil payment within our Trading Terms of 14 business days from an activity / event, it is the responsibility of the Customer to advise Vacation Care Australia to issue an invoice with enough lead time prior to the activity / event to enable the invoice to be paid on time. The amount of this invoice will be based on child attendance numbers agreed to at the time of booking. If additional children attend the activity / event another invoice will be issued for the balance by Vacation Care Australia.
10. Mandatory staff ratios must always be maintained throughout Vacation Care Australia activities.
Vacation Care Australia will use reasonable endeavours to identify Activity Providers who are reputable and suitable for the provision of the relevant Activities but makes no warranty or representation as to the reputation or credentials of any Activity Provider, or any employee or other representative of an Activity Provider or the quality, safety or fitness for purpose of any Item or service provided pursuant to a Booking.
Vacation Care Australia takes no responsibility for any harm or loss suffered by the Customer’s staff, Attendee or Activity Provider as a result of (without limitation) anything that transpires during an Activity; failure for a Booking to occur; loss or damage caused by an Attendee at an Activity; loss or damage to property, or harm to the person of an Attendee or Customer staff member caused by an Activity Provider, except to the extent that any such harm or loss is caused as a result of any direct act or omission of the Company or cannot be excluded at law.
If a Customer’s staff member or Attendee suffers loss or harm as a result of any Item or service provided by an Activity Provider, the Customer agrees that the Customer shall have no recourse against the Company.
Website Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on VACATION CARE AUSTRALIA’S web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
– modify or copy the materials;
– use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
– attempt to decompile or reverse engineer any software contained on VACATION CARE AUSTRALIA’s website;
– remove any copyright or other proprietary notations from the materials; or
– transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by VACATION CARE AUSTRALIA at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on VACATION CARE AUSTRALIA’S web site are provided “as is”. VACATION CARE AUSTRALIA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, VACATION CARE AUSTRALIA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall VACATION CARE AUSTRALIA or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on VACATION CARE AUSTRALIA’S Internet site, even if VACATION CARE AUSTRALIA or a VACATION CARE AUSTRALIA authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on VACATION CARE AUSTRALIA’S web site could include technical, typographical, or photographic errors. VACATION CARE AUSTRALIA does not warrant that any of the materials on its web site are accurate, complete, or current. VACATION CARE AUSTRALIA may make changes to the materials contained on its web site at any time without notice. VACATION CARE AUSTRALIA does not, however, make any commitment to update the materials.
VACATION CARE AUSTRALIA has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by VACATION CARE AUSTRALIA of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to VACATION CARE AUSTRALIA’S web site shall be governed by the laws of the State of NSW, Australia without regard to its conflict of law provisions.