TERMS AND CONDITIONS
These terms and conditions (“Conditions”) govern the booking, sale of, and participation in any tour (“Tour”) provided by Camper Trailers WA Pty Ltd (ACN 096 566 255) trading as RedTrack Eco Adventure Tours (“RedTrack”) between RedTrack and any person who books, purchases or participates in any tour provided by RedTrack (“Participant”) and constitutes a binding agreement between those parties, who agree as follows.
1. BOOKINGS & DEPOSITS FOR TOURS
- Subject to clause 1(c) below, the Participant shall pay a deposit of 25% of the total Tour fee at the time of booking to secure a Tour which may be paid (subject to any interruption to services) online at https://redtracktours.com.au/, over the phone or in person at RedTrack’s head office at 7/30 Erindale Rd, Balcatta, Perth WA.
- Without limiting the ways a Participant may accept these Conditions, the Participant acknowledges and agrees that they accept these Conditions by doing any of:
- clicking to accept them on RedTrack’s website;
- signing a copy of them; or
- paying a deposit or any fee for a Tour or participating in a Tour after having received a copy of these Conditions, or having to click to accept them on RedTrack’s website.
- The Participant shall pay the full Tour fee at the time of booking if the booking is made within 60 days of the Tour departure date.
- RedTrack reserves the right to accept or decline, in whole or in part, any booking placed by a Participant.
2. Participant Acknowledgements
- acknowledges and agrees that RedTrack Tours include guided sightseeing walks to natural attractions;
- represents and warrants that they are in good physical condition and have no known medical condition which would prevent them from participating in the Tour (whether in whole or in part);
- shall, if they are unsure of their capability and physical fitness to participate in a Tour, not book the Tour until they have sought appropriate medical guidance and been given clearance by an appropriately qualified medical practitioner to do so;
- must not attend a Tour if they are suffering from any illness, disease, injury or other condition (including but not limited to COVID-19) that could pose a risk to their health and safety or the health and safety of the Tour guide or other participants;
- must notify RedTrack of any special considerations and requirements (for example medical conditions or diet) that may affect their ability to participate in a Tour before attending a Tour. This is so that RedTrack can make an assessment as to the Participant’s capability to participate in the Tour (whether in whole or in part) or the steps that should be taken in light of the disclosures made by the Participant including where relevant to ensure appropriate plans and arrangements are made for the Tour;
- acknowledges and agrees that RedTrack will use reasonable endeavours to modify Tours and activities to suit a Participant’s health and diet requirements but cannot guarantee such requirements will be met in all instances;
- acknowledges and agrees that it is the Participant’s responsibility to:
- follow RedTrack’s directions and instructions at all times; and
- ensure they are in a good physical and mental condition to allow them to enjoy the Tour and to safely complete any scheduled activities;
- acknowledges and agrees that the Tour may include participation in activities which may involve certain risks and dangers including risks and dangers beyond RedTrack’s reasonable control. Such activities include, but are not limited to, bush walking, swimming, and travelling in remote and undeveloped locations;
- acknowledges and agrees that some Tour itineraries include visits to and overnight stays in areas located some distance from hospitals, medical centres or other forms of professional medical facilities. (RedTrack strongly recommends that Participants on self-guided Tours:
- complete a first aid course before booking a Tour; and
- bring a fully stocked first aid kit (which includes any prescription medication and other medical aids specific to the Participant’s health and medical needs) on the Tour;)
- represent and warrant that they have read all camping and Tour information supplied by RedTrack for a Tour before attending the Tour;
- shall complete and return to RedTrack any Personal Medical History sheet, Convoy Position Sheet, Summary of Hired Equipment/Camper and Payments Sheet before the Tour departs, and in any event, in accordance with any instructions from RedTrack;
- shall (at the Participant’s cost) supply their own equipment and supplies including but not limited to food, water, bedding, cookware, firewood, fuel, battery and solar packs save that if a Participant is a passenger in a Tour guide’s motor vehicle, RedTrack will supply the fuel at its cost;
- shall comply with all laws in force;
- shall follow RedTrack’s directions and instructions as given by any officer of RedTrack or member of its staff including any Tour guide for the Tour at all times including so as to minimise the risks of harm or loss occurring on a Tour including from the Risks and dangers referred to in these Conditions;
- acknowledges and agrees that if participating in a group or guided Tour, RedTrack will provide a first aid kit. However, it is the Participant’s responsibility to bring on the Tour any prescription medication and other medical aids specific to their health and medical needs including but not limited to any medication required as provision for the occurrence of any allergic reaction;
- shall bear all costs and expenses arising from any medical evacuation and or hospitalisation required in respect of the Participant during the Tour, and any minor in the care of the Participant;
- agrees and acknowledges that bookings are per motor vehicle not per person;
- acknowledges and agrees that the person making the booking for a Tour, shall ensure that a copy of these Conditions are brought to the attention of and provided to all persons who will be passengers in the motor vehicle the subject of the Tour booking and that all of those persons accept these Conditions prior to commencement of the Tour;
- acknowledges and agrees that if the Participant is:
- attending a Tour with their children who are under the age of 18, the Participant shall accompany them while on the Tour, accept responsibility for their safety and welfare and shall ensure they comply with these Conditions at all times; or
- making a booking for persons under the age of 18 who are not their children, the Participant will ensure a parent or guardian of those persons attends the Tour and accepts responsibility for the safety and welfare of those persons;
- agrees and acknowledges that if they require, for any reason, including but not limited to age, physical frailty or disability, physical or any other assistance:
- the Participant must be accompanied by a companion (“Assistant") on the Tour; and
- must ensure the Assistant complies with these Conditions; and
- agrees and acknowledges that the Participant may be requested by third parties, including but not limited to wineries and other licensed venues to provide proof of age, and the Participant agrees to provide such proof upon request.
3. TOUR FEES & PAYMENTS
- The Participant:
- shall pay the Tour fees as quoted on RedTrack’s website in Australian dollars;
- may make payment to RedTrack (subject to service failure) by cash, credit card (Visa or Master Card) or EFT;
- acknowledges and agrees that third party fees including but not limited to entry fees, campsite fees, parking charges and fuel costs:
- are in addition to the Tour Fees payable to RedTrack for the Tour;
- must be paid upon demand by RedTrack; and
- may increase after a Tour is booked;
- acknowledges and agrees that the Tour fees do not include any amount for:
- procuring and maintaining any insurance connected with the Tour, including but not limited to travel insurance and motor vehicle insurance, and insurance in respect of any of i. to v. below, which insurance shall be arranged by the Participant at its cost; or
- any assistance or services required by the Participant in connection with any of i. to v. below, or any associated costs or loss, for which costs the Participant is solely liable:
- damage to any motor vehicles and or camper trailers, including but not limited to, motor vehicle towing, battery replacement, windscreen repair or replacement and tyre repair or replacement;
- theft or loss of personal goods and equipment belonging to the Participant;
- any cancellation of the Tour for whatever cause, except as otherwise stated in these Conditions;
- medical costs including in respect of any disease, illness, injury or death; or
- fines or penalties arising from any breach or infringement of any laws including traffic laws.
The Participant agrees to bear all costs arising in connection with any of the above.
- The Participant shall pay the final balance of the Tour fee to RedTrack no later than 60 days prior to the Tour departure date.
4. TOUR ITINERARIES, ARRIVAL & DEPARTURE TIMES
- acknowledges and agrees that synchronising Tour itineraries with aeroplane arrival and departure during business hours:
- may be possible. However, RedTrack is unable to guarantee exact arrival or departure times and is not liable for any loss caused to any Participant by reason of any failure to meet connections with any other services; and
- requires extensive planning and organisation and must be discussed directly with the RedTrack Tour guide prior to booking a Tour;
- shall be at the Tour departure site notified by RedTrack at least 30 minutes before the Tour departs including so that necessary per-tour arrangements may be made and briefings conducted;
- shall bear all costs arising from catching up to the Tour if a Participant is late to arrive and RedTrack is not liable to the Participant for any associated loss or damage; and
- acknowledges and agrees that RedTrack:
- will use reasonable endeavours to operate in accordance with its published schedules and itineraries, however, RedTrack does not guarantee arrival and departure times or any scheduled activities; and
- may need to alter or amend itineraries, accommodation or sightseeing arrangements from those published, with little or no notice including because of road and weather conditions, safety factors and other operational considerations at the time.
5. CHANGES TO DATES OR PERSONS ATTENDING TOUR
- A Participant may request a change to another departure date for the same Tour if:
- the Participant’s request is made at least 60 days prior to the departure date;
- there is sufficient availability for the new departure date; and
- the new departure date falls within 150 days of the old departure date.
RedTrack will use reasonable endeavours to reschedule the Participant’s Tour but does not guarantee that any rescheduling will occur.
- If an alternate date is unavailable or unsuitable and the Participant cannot travel on the original departure date, the Participant agrees to pay a cancellation fee as specified under the heading “Cancellations & Termination” in these Conditions.
- The Participant indemnifies RedTrack for and against any reasonable costs that RedTrack incurs by reason of the Participant reducing the number of passengers booked to travel in a Tour guide’s motor vehicle.
- If a Participant brings their own motor vehicle or camper trailer on a Tour, they must be insured (at the Participant’s cost) and should include cover for travel over unsealed roads.
- RedTrack will insure any motor vehicles or camper trailers supplied to a Participant pursuant to the terms and conditions applicable to that service.
- The Participant shall take out comprehensive travel insurance which covers the Participant’s deposit for the Tour, cancellation of the Tour, medical evacuation during a Tour for the Participant and any minors under its care, hospitalisation, injury, theft of personal property and any other loss or damage which the Participant or any minor under its care might suffer.
7. PARTICIPANT CANCELLATION
Cancellation Subject to Cancellation Fee
- The Participant may cancel a Tour at any time by giving written notice to RedTrack, and RedTrack will refund the Tour fee subject to payment by the Participant of a cancellation fee in accordance with the table below:
|Days of notice provided to RedTrack||More than 60 days prior to Tour departure||30-60 days prior to Tour departure||Less than 30 days prior to Tour departure|
|Cancellation fee per participant||An amount equivalent to the deposit||An amount equivalent to 50% of the Tour Fee||An amount equivalent to the total Tour Fee (i.e. no refund)|
- In satisfaction of the Participant’s obligation under clause 7(a) above, the Participant authorises RedTrack to retain that part of the Tour fee paid by the Participant equivalent to the cancellation fee.
8. REDTRACK CANCELLATION
- In this clause, “Insolvency Event” means the happening of any of these events in relation to a Participant:
- the Participant enters into a compromise or arrangement (or announces one) under section 411 if the Corporations Act 2001 (Cth);
- a managing controller is appointed over the whole (or substantially the whole) of the Participant’s property; or
- the Participant enters into voluntary administration.
- RedTrack may cancel a booking for a Tour by written notice to the Participant taking immediate effect, if any of the following occur:
- minimum numbers for the Tour, determined at the absolute discretion of RedTrack, are not achieved. If this occurs, RedTrack will use reasonable endeavours to provide the Participant with advance notice and will refund any deposit and Tour fees paid;
- the Participant discloses a health or medical condition to RedTrack after booking a Tour, and RedTrack in its reasonable opinion, considers that the condition will detrimentally affect the Participant’s ability to participate in the Tour. If the heath or medical condition is disclosed at least 30 days before the Participant attends the Tour, RedTrack will refund any deposit and Tour fees paid. However, if the condition was not disclosed at least 30 days before the Tour, the Participant acknowledges and agrees that they will not be entitled to any refund of any deposit and Tour fees paid;
- if a Participant is late to arrive for scheduled departure;
- the Participant engages in Inappropriate Behaviour (as defined in clause 11 below) or otherwise acts in a manner which RedTrack reasonably considers to be substantially prejudicial or harmful to RedTrack, other Participants or any third party;
- subject to the operation of the other clauses of these Conditions, the Participant breaches these Conditions in a material respect and the Participant does not rectify the breach within 7 days after notice from RedTrack requiring the Participant to remedy it, or if the breach occurs while a Tour is in progress, as soon as reasonably practicable;
- the Participant (being a corporation) has a liquidator appointed to it, or has a mortgagee of the corporation assume control of, or a receiver appointed to any of the assets or undertakings of the Participant (not being an Insolvency Event);
- a judgment, order or encumbrance is enforced, or becomes enforceable upon any of the Participant’s property;
- an order for payment is made or judgment for an amount exceeding $10,000 is entered or signed against the Defaulting Party which is not satisfied within 7 days;
- the Participant is unable to pay its debts as and when they fall due or becomes bankrupt;
- the Participant suspends or delays payment of its debts;
- the Participant (being a corporation) is deregistered;
- the Participant commits an act which constitutes negligence, wilful misconduct, fraud or dishonesty for any matter undertaken or required to be undertaken under these Conditions;
- to the extent permitted by law an Insolvency Event occurs with respect to the Participant; or
- a Government authority imposes conditions or restrictions arising from an epidemic or pandemic, (including but not limited to COVID-19 (“COVID Restrictions”) which affect RedTrack’s ability to offer or complete any part of the Tour.
- To the extent permitted by law, the Participant expressly undertakes not to seek or claim, and waives any entitlement to, any amount for loss or damage arising out of, or in any way connected with a cancellation of a Tour under this clause 8.
9. CANCELLATION DUE TO COVID-19
- Subject to clause 9(b), if a Tour is cancelled by either party due to COVID Restrictions, RedTrack (in its absolute discretion) may (in its absolute discretion) offer the Participant a credit note valid for 24 months (to be used at a later time).
- RedTrack reserves the right to charge an administration fee to cover RedTrack’s reasonable costs arising from the cancellation, and the Participant agrees to pay such fee upon demand.
- In satisfaction of the Participant’s obligation under clause 9(b) above, the Participant authorises RedTrack to retain that part of the Tour fee paid by the Participant equivalent to the administration fee.
The Participant consents to RedTrack filming or taking photographs of Participants during the Tour for advertising or promotional purposes on the RedTrack’s website, Facebook, Instagram or other social media platforms. The Participant may withdraw this consent at any time by giving written notice to RedTrack before the Tour or verbally to the Tour guide during the Tour.
11. TOUR RULES
Laws, Directions & Instructions
- The Participant agrees to observe all laws in force and all instructions and directions given by RedTrack, including but not limited to, any Tour rules issued by RedTrack from time to time. The Participant acknowledges and agrees that RedTrack may vary, cancel, add to or suspend all or any of the Tour rules and inform the Participant of any changes to the same.
Supplies & Campsites
- The Participant acknowledges that some walking tracks have sections of uneven rocky ground and may be slippery.
- Whilst on a bushwalk it is the responsibility of each Participant to and they shall:
- wear appropriate footwear and clothing; and
- bring adequate drinking water, hat, sunscreen, insect repellent, buckets, face flynets and other supplies necessary for their health, safety and comfort.
- If a Participant is unable to participate in a scheduled activity on a group or guided Tour, RedTrack will use reasonable endeavours to provide alternative arrangements with adequate provision for Participant comfort and safety. The Participant must pay all additional costs arising from such alternative arrangements upon demand.
- Participants agree:
- not to leave rubbish or food outside of their motor vehicle or camper trailer at night - this may attract animals; and
- that prior to departure from a campsite, they will check and ensure that the area is left substantially in the same condition it was in prior to their arrival.
Smoking, Vaping & Heating
The Participant shall not:
- smoke or vape:
- in any motor vehicles or camper trailers supplied to the Participant;
- within 20 metres of any campsite of any other person on any group or guided Tours; and
- use heat beads in any National Parks they attend on the Tour.
The Participant shall not bring any pets on any group or guided Tour or into any National Parks.
Communication & Phones
- The Participant shall:
- prior to attending a group Tour, at their cost, purchase, borrow, or hire a CB radio to communicate between cars whilst on Tour and in convoy;
- kept the CB radio on and functional at all times when the Participant is in their motor vehicle; and
- not leave any convoy without first communicating with the Tour guide.
- When participating in a guided Tour, the Participant agrees to turn off the Location Services on their mobile phones when instructed by the Tour guide prior to entering remote or pristine landscapes to help protect nature based campsites.
Luggage & Lost and Found
- If a Participant brings luggage or valuables on a group or guided Tour, they acknowledge and agree that it is their responsibility to store or secure them safely. RedTrack is not responsible for any unattended property in motor vehicles, camper trailers or campsites, and recommends that all unsupervised camper trailers be secured.
- RedTrack will use reasonable endeavours to return any items left in motor vehicles, camper trailers or at campsites that are found by RedTrack to the Participant at the Participant’s expense. Alternatively, the Participant can collect these items from RedTrack’s Balcatta office.
Motor Vehicles & Camper Trailers
- If a Participant will be driving a motor vehicle, the Participant represents and warrants to RedTrack that the Participant holds a valid driver’s licence.
- Participants shall be responsible for:
- if using their own motor vehicle, ensuring it is serviced before attending a Tour;
- bringing a jerry can of fuel if the fuel tank in their motor vehicle is 70L or less; and
- checking that fridges in camper trailers are operational at least 2 days prior to the Tour departure.
- Participants shall ensure that:
- if they are using their own motor vehicle, it has a tow hitch:
- that has been turned around to give the highest possible setting above the ground; and
- with a 50mm tow ball that is not rusted or damaged;
- their rear light plug is fully operational; and
- any auxiliary batteries in or on their motor vehicle or camper trailer are working correctly and are fully charged before attending a Tour.
- The Participant shall comply with all laws relating to the use of motor vehicles and camper trailers and the Participant shall:
- subject to clause 11(e)(i) directly below, drive safely and at the legal speed limit, and if towing a camper trailer, at no greater speed than 100km/hr;
- ensure that all passengers in motor vehicles wear seat belts at all times when the motor vehicle is in motion; and
- pay any fines or penalties incurred as a result of the Participant failing to comply with this clause.
- If travelling in convoy in a group or guided Tour, the Participant shall:
- drive at a speed limit stipulated by the Tour guide;
- ensure their motor vehicle is in the same position in the convoy as it was in when they left Perth;
- ensure the motor vehicle behind them is in their sights at all times; and
- maintain a safe distance between each other motor vehicle in the convoy.
- The Participant is responsible for, and agrees to indemnify RedTrack for and against, any costs, fees, charges or expenses incurred by RedTrack as a result of or connected with any damage to a motor vehicle or camper trailer hired from RedTrack arising from or connected with its use by the Participant, save and except any damage caused by the negligent act or omission of any RedTrack employee or contractor.
- The Participant acknowledges and agrees to ensure that:
- food and beverages are not consumed in any motor vehicle hired from RedTrack by the Participant, with the exception of bottled water;
- food and beverages are only consumed in the annex or kitchen area of any camper trailer hired from RedTrack by the Participant;
- vehicle and camper trailers in the control of the Participant are parked away from trees (in case of falling branches) and any campfire; and
- all toilets are emptied at designated dump stations.
- Participants must not engage in inappropriate behaviour at any time during a group or guided Tour. Such behaviour includes (but is not limited to) the following:
- distributing or using illicit substances;
- engaging in any criminal activity;
- harassing, threatening or abusing (whether verbal or physical) the Tour guide, other Participants or third parties;
- damaging or vandalising any motor vehicles, camper trailers or other equipment supplied by RedTrack;
- repeatedly failing to follow the instructions or directions of the Tour guide or any officer or member of staff of RedTrack;
- failing to comply with their obligations under paragraph (a) under the heading “Motor Vehicles & Camper Trailers” above;
- placing the lives and/or safety of the Participant, the Tour guide, other Participants or any other person at risk, as determined by the Tour guide acting reasonably; or
- behaviour that adversely affects the enjoyment of other Participants as determined by the Tour guide acting reasonably,
(collectively “Inappropriate Behaviour”).
- If a Participant engages in Inappropriate Behaviour, the Tour guide will have the discretion to:
- stop the convoy or motor vehicle, disembark the Participant engaging in Inappropriate Behaviour and require that they leave the Tour group and seek alternative transport back to Perth at the Participant’s cost; and
- terminate the Tour for that Participant and the Participant acknowledges and agrees that no refund will be offered to the Participant in these circumstances.
- The Participant agrees to indemnify RedTrack for and against all loss, costs or expenses that RedTrack incurs arising from or in connection with any Inappropriate Behaviour.
12. LIMITATION OF LIABILITY
In this clause, “Consequential Loss” means loss beyond the normal measure of direct damages and includes without limitation, indirect loss, loss of profit, loss of revenue, loss of business, loss of actual or anticipated savings, loss of bargain, loss of business reputation, loss of use, cost of capital or costs of substitute goods, facilities or services and loss of opportunity (including opportunities to enter into arrangements with third parties).
The Participant acknowledges and agrees that photographs and descriptions of locations or attractions are merely representative of conditions that existed at time the brochure or photograph was printed or uploaded (as the case may be) to RedTrack’s website. Conditions may not be the same at the time of the Tour.
Loss of Enjoyment
RedTrack will use reasonable endeavours to provide an enjoyable Tour.
RedTrack will not be liable for any cancellation of Tours (whether in whole or in part) and or any loss of enjoyment experienced by any Participant.
Loss, Injury, Death or Damage
- To the maximum extent permitted by law, neither RedTrack nor any of its officers, staff or agents shall be liable to the Participant for any:
- loss or damage to any property of the Participant or any persons under their control;
- loss or damage arising from any sickness or injury suffered by or any death of the Participant or any persons under their control;
- loss, cost, damage or expense suffered or incurred by the Participant or any persons under their control arising from or in connection with:
- any act or omission (whether negligent or otherwise) of any third party suppliers;
- a breach by the Participant of these Conditions; or
- the Tour;
not directly caused by a breach of these Conditions by RedTrack or its employees or contractors.
- If RedTrack’s liability under clause 12(a), cannot legally be excluded, it shall, to the maximum extent permitted by law, be limited to the amount of the Tour fee paid by the Participant to RedTrack.
- Neither the Participant nor RedTrack, including any of its officers, staff or agents shall be liable to the other party to these Conditions under these Conditions, at law, in equity or otherwise for any Consequential Loss suffered by that other party, save to the extent that an amount is recoverable by the Participant or RedTrack (as the case may be), under an insurance policy held by them, in respect of that other party’s loss.
- To the maximum extent permitted by law, subject to sub-clauses (i) and (ii) below, and the other provisions of these Conditions, the total aggregate liability of RedTrack to the Participant in connection with the Conditions (whether by way of indemnity, by statute, in tort, or on any other basis in law or equity) is limited to an amount equal to the Tour fee paid by the Participant to RedTrack (“Liability Cap”). The parties acknowledge that RedTrack may apply any amounts it recovers under any insurance policy it has towards the Liability Cap.
- The Liability Cap is increased to the extent that an amount is recoverable by RedTrack, in excess of the Liability Cap, in respect of the liability of RedTrack, under a policy of insurance effected or maintained by RedTrack:
- RedTrack, by law, cannot contract out of such loss or liability or such loss or liability arises out of an act or omission of the RedTrack done with reckless indifference to the harmful consequences of that act or omission.
- Where RedTrack is supplying services, the Australian Consumer Law requires it to give the Participant the following notice about those guarantees:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
- The Participant indemnifies and holds harmless RedTrack (including its officers, employees, contractors and volunteers) for and against all loss, damage, costs, expenses and liability (including RedTrack’s legal costs on a full indemnity or solicitor client basis, whichever is higher) incurred by RedTrack arising from or in connection with:
- any loss or damage to RedTrack’s property, under the control of the Participant, or caused by the Participant or persons under their control, including any motor vehicles and camper trailers;
- any personal injury or death to a Tour guide or any other Participant or any other person caused or contributed to the Participant;
- any breach by the Participant of these Conditions; and
- any claim made against RedTrack by the Participant for which RedTrack’s liability is excluded by these Conditions, or to the extent to which it is limited by these Conditions.
- The indemnity in clause 13(a) shall be reduced proportionally to the extent that the act or omission of RedTrack (or its employees or contractors) directly caused the injury, death, loss or damage.
14. DISPUTE RESOLUTION:
- Should any dispute arise between the Participant and RedTrack in respect of any fact, act, matter or thing arising out of or in any way connected with these Conditions, no party shall commence proceedings in any Court or Tribunal until after this clause has been complied with.
- The party requiring the dispute or difference to be resolved must promptly give the other party a written notice specifying the nature of the dispute (“Notice”).
- Within 7 days of a party receiving the Notice, the parties must meet and attempt to resolve the dispute.
- If, the meeting does not occur within 7 days or within 7 days of the meeting, the dispute is still not resolved then either party may proceed to commence proceedings in any competent Court or Tribunal.
- In the event of any dispute between the parties, the Participant shall pay all undisputed amounts owing to RedTrack to RedTrack immediately.
15. FORCE MAJEURE
- A party (“Affected Party”) is not liable for any delay or failure to perform an obligation (other than to pay money) under these Conditions caused by an act of God, fire, war, insurrection or other armed conflict, riot, vandalism or sabotage, strike, lockout, ban, transport or port accident or congestion, pandemic or epidemic (including but not limited to COVID-19), quarantine of persons or goods, limitation of work or other industrial disturbance or any law, rule, regulation, order, requirement or restraint imposed by any government or governmental agency whether local, state, national or international (other than an order, requirement or restraint resulting from the Affected Party’s breach of any law, permit or authorisation).
- The Affected Party must notify each other party as soon as practical of any anticipated delay or failure caused by an event specified in clause 15(a) (“Event”).
- The performance of the Affected Party's obligation is suspended for the period of delay caused by the Event to the extent performance is prevented by the Event from the date notice is given under clause 15(b) and any such non-performance or delay in performance of these Conditions will not be a breach of these Conditions.
- Any party may terminate these Conditions on written notice at the expiration of not less than 7 days’ notice to the other party if prevention of performance of a material obligation by an Event, or a delay caused by the Event, exceeds 60 days and prevents a Tour from commencing.
- If a party terminates these Conditions under clause 15(d), all money previously paid under Conditions for which no goods, services or other consideration has been provided will be refunded (save and except an amount to cover RedTrack’s reasonable administrative expenses and other losses, dependent on when Conditions are cancelled).
- These Conditions are governed by and are to be construed according to the laws of Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia.
- If any part of these Conditions is, or becomes, void or unenforceable, that part is, or will be, severed from the Conditions so that all parts that are not, or do not become, void or unenforceable remain in full force and effect and are unaffected by that severance.
- A failure to exercise or delay in exercising any right, power or privilege by any party will not operate as a waiver of that right, power or privilege. A single or partial exercise of any right, power or privilege will not preclude any other or further exercise of that right, power or privilege, or the exercise of any right, power or privilege.
- These Conditions constitute the entire agreement between the parties with respect to the subject matter of the Conditions and contain all of the representations, warranties, covenants and agreements of the parties in relation to the subject matter of the Conditions as at the date of the Conditions being the date they are accepted by the Participant. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Conditions and has no further effect.