Terms and Conditions
IMPOTANT NOTE: Please read these terms and conditions when booking any photography workshops or tours with Photography Workshops Australia carefully.All booking made through Photography Workshops Australia are subject to these Terms and Conditions which affect your legal rights and are binding on you.
1. RESERVATIONS: To make a reservation with Photography Workshops Australia for any workshop, payment is to be made in full 3 days prior to the workshop through either our online booking form or over the phone. Acceptable forms of payment are by Paypal, EFTPOS, Direct Deposit, cheque, cash, gift certificate or online shopping cart. All prices are quoted in Australian dollars (AUD)
2. CANCELLATION AND REFUND POLICY: A refund is only applicable if an event is cancelled and no alternative event is offered. Photography Workshops Australia is happy for you to on sell your ticket to the event as long as we are notified in writing of the 3rd party receiving the ticket.
3. EVENT FARES: The event costs quoted are per person, or as advised in the booking notification. The event prices are quoted in Australian dollars (AUD)
4. CONTRACT: Upon payment of the cost for the relevant workshop you have booked in for, and the confirmation of the booking by us, a contract is concluded between us (Photography Workshops Australia) and you (the attendee) concerning the event in terms of these terms and conditions
5. INTERPRETATION: In these Terms and Conditions
- “Event” means any workshop offered by Photography Workshops Australia with reference to our workshops
- “Photography Workshops Australia” means Photography Workshops Australia, associates and employees.
- “Photography Workshops Australia” means Adrian Matthiassen trading as Photography Workshops Australia ABN: 42 686 421 414, 33 St Anns Street, Nowra NSW 2541
- Ph: 0420 275 575 E: enquiries@photographyworkshopsaustralia.com.au
- “Unexpected Event” means any act, circumstance or event beyond the control of Photography Workshops Australia caused or arising from but not limited to personal illness, Acts of God, public enemies, government restraint, riots, strikes, lockouts, labour troubles, epidemics, civil disturbances, perils or rivers or navigable waters, fuel shortages or abrupt and unexpected increases in fuel costs, collisions, stranding, fire, lightning, storms, cyclones, theft, battery or crime by any person, faults or errors of navigation, management of boats, planes, fault or neglect of pilots, crew or independent operators and contractors.
6. WEBSITE: Where the website or online booking forms contains particulars of our conditions or policy about booking and reservation procedures, cancelations or refund of fares and itineraries events run by Photography Workshops Australia then it forms part of these Terms and Conditions and if there is any inconsistency, these terms and Conditions will prevail.
7. TRANSFERABLE: Unless otherwise authorised in writing by Photography Workshops Australia, attendees have the right to transfer their rights and obligations under these Terms and Conditions. The booking payment paid shall not be refundable except as permitted by these Terms and Conditions and Photography Workshops Australia will not be liable to make any refund to the attendee if the attendee fails to arrive for the event.
8. CHANGES, DELAYS OR CANCELLATION: Photography Workshops Australia will endeavour to follow the event itinerary as described in our website and Social Media pages and the attendee accepts that Photography Workshops Australia has the right to change or postpone the itinerary, the destinations or cancel the event as a result of some unexpected event , prescribed numbers to the event have not been met, or prevailing inclement weather conditions. The Attendee accepts that they will not be entitled to any compensation or a refund of the booking cost should this occur and no alternative workshop date has been arranged. If Photography Workshops Australia cancels the event for any other reason they will refund the booking cost paid and if the event date is delayed or shortened for any other reason Photography Workshops Australia will provide a credit for any future event run by Photography Workshops Australia. So far as these terms and constitute a contract for the supply of services then and in no event shall the liability of Photography Workshops Australia to the attendee for a breach of an express or implied condition of warranty in that respect exceed, at the election of Photography Workshops Australia:
- On obligation on the part of Photography Workshops Australia to supply the services again, or;
- The refund or payment to the attendee for an amount equal to the booking fee paid by the attendee for the event.
9. ATTENDEE HEALTH AND RESPONSIBILITY: The attendee admits a full understanding of the nature and character of the event run by Photography Workshops Australia and the scope of the activities contemplated by the attendee during the event and assures and undertakes to Photography Workshops Australia:
- That they are in good health and well able to undertake the activities outlined in the event
- That they will effect any type of travel insurance sufficient to cover any limitation or liability against them imposed by these Terms and Conditions should they wish to do so
- That they have disclosed any physical or mental disability requiring special attention (including the use of a wheelchair) or treatment at the time when the booking of the event was made;
- No attendee will be permitted to undertake the event while their mental or physical condition is , in the opinion of any representative of Photography Workshops Australia, such as to render them incapable of caring for themselves, or whereby they become objectionable to other attendees or the event coordinator or trainer, or that they become hazardous to themselves or others. Photography Workshops Australia will not be responsible for any expenses resulting in such persons being precluded from completing the event.
- That the attendee accepts that a medical certificate certifying that fitness to attend the event may be required at Photography Workshops Australia’s discretion and if any attendee has had surgery less than twelve (12) months prior to the event that attendee must submit a letter from a qualified physician that the attendee is fit for attending the event. Photography Workshops Australia reserves the right to deny participation to the event if the attendee requires care and attention that Photography Workshops Australia cannot adequately provide and this decision can be made by Photography Workshops Australia at its sole discretion;
- Any charges incurred by attendees for medical reasons including, but not limited to physicians, surgeons, hospitals, accommodation, medication, diagnostic facilities, air ambulance evacuation or ground ambulance shall be the sole responsibility of the attendee;
- And the attendee agrees to indemnify Photography Workshops Australia from and against all claims, costs, charges, fines or penalties arising as a result from any claim made against Photography Workshops Australia
10. LIMITATION OF LIABILITY: The liability of Photography Workshops Australia to the attendee is limited with respect to both personal injury and damage to loss of property to the full extent permitted by law and in these event Terms and Conditions. Photography Workshops Australia accepts no responsibility or liability to the attendee for loss, death or delay of, or injury to any participants or loss, damage or delay to a participant’s baggage, personal effects, camera equipment or any other property arising from or caused by an unexpected event. These Terms and Conditions remain in effect for all periods and Photography Workshops Australia is under no responsibility to the attendee or the attendee’s property. No variation or waiver of any terms and conditions of these Terms and Conditions will have any affect unless they are in writing and signed by Photography Workshops Australia. In addition to any other limitation of liability contained in these Terms and Conditions, Photography Workshops Australia shall have the benefit of any statutory limitation of liability available in all states of Australia. At times, Photography Workshops Australia may use other terms and services of operators other than Photography Workshops Australia e.g tour operators and hoteliers, which are not under the direct control of Photography Workshops Australia, and whilst Photography Workshops Australia takes all reasonable care in selecting these operators, it cannot accept responsibility for those operators’ conduct or their representative employees or agents or for any ramifications of that conduct
11. ATTENDEES BAGGAGE: All baggage brought on any event run by Photography Workshops Australia by an attendee must remain in the possession and control of the attendee during the event. Any baggage should be appropriately marked with the name and address of the attendee. The attendee must not bring on the event in baggage or otherwise any dangerous or inflammable substance, including any prohibited or non-prescribed drug. Photography Workshops Australia is not responsible for any jewelry, money, documents and any other valuables that attendees keep on their person, in their rooms or in their baggage and Photography Workshops Australia strongly recommends that participants obtain adequate insurance to cover any loss or damage in this respect.In no event will Photography Workshops Australia’s responsibility or liability to the attendee for loss of baggage or personal effects exceed $100 and the attendee agrees to indemnify and keep indemnified the carrier from and against any claims made against Photography Workshops Australia in excess of the amount in that respect
12. RECREATIONAL ACTIVITIES: Photography Workshops Australia will not be liable to attendees for any injuries or damage which may occur whilst the attendee is participating in recreational activities during the event. By utilising these facilities attendees agree to assume all risks associated with those activities and fully release and discharge Photography Workshops Australia from any and all claims, demands, damages, causes of action, present or future, resulting from or arising out of the attendees use of or participation in those activities. By agreeing to this, Photography Workshops Australia will be entitled to refuse to allow the attendee to participate in those activities if the attendee decides not to agree.
13. The attendee agrees to let Photography Workshops Australia use images taken of them whilst on the event to be used in any form of advertising and promotion without any remuneration to the attendee, unless previous arrangements have been agreed to in writing
14 APPLICABLE LAW: Should any provision for these event Terms and Conditions be contrary to or invalid by the laws of the State of New South Wales, or the Commonwealth of Australia or for any other reason the relevant provision will be deemed to be severed from these event Terms and Conditions and shall be of no effect but all remaining provisions shall remain in full force and effect. These event Terms and Conditions shall be governed in all respects by the laws of all Australian States and Territories and the attendee agrees that any claims or disputes between the attendee and Photography Workshops Australia in connection with these event Terms and Conditions shall be commenced, filed and litigated before a Court of proper jurisdiction in New South Wales and in the city of Nowray