Terms and conditions
Updated 01.12.23
The Terms and Conditions under which On The Verandah operates Tours (also referred to as workshops, trips or events) are detailed below. You (the Guest) and everyone on whose behalf you make a booking, accept and agree to be bound by the Terms and Conditions when making a booking with On The Verandah.
BOOKING CONDITIONS
A signed and completed Risk Warning and Liability Waiver, a completed Booking Form plus a deposit of 20% is required within 7 days of booking to confirm your reservation. Failure to make deposit and final payment within 7 days shall entitle On The Verandah to cancel a booking. Overdue payment allows On The Verandah to consider the booking void. If your booking is made less than 60 days from the departure date, then the full tour tariff is to be paid at the time of booking.
FINAL PAYMENT
We require the Final Payment no later than 60 days prior to your departure. Failure to pay final payment by due date will result in the cancellation of the booking and forfeit of deposit.
SINGLE OCCUPANCY OR SHARE ROOM
On the Verandah aims to provide a range of accommodation options from unshared rooms for solo travellers; to double rooms for couples; and twin share rooms for friends travelling together or solo travellers prepared to share a twin room with another same sex guest. A single supplement fee may apply where an unshared room has been selected by the Guest. The single supplement amount may vary depending on the venue and the tour. If you opted for a twin share room and we do not book another Guest into your room, you will have sole use of the room at no additional cost.
TRAVEL INSURANCE
You are required to take out travel insurance as part of your On The Verandah booking. Please note medical ailments or accidents during the trip should be reported to On The Verandah staff immediately. You must bear the cost of any emergency, medical or rescue service summoned at the discretion of On The Verandah staff in relation to illness or injury of the client. It is your responsibility to ensure all bookings and belongings are covered appropriately by Travel Insurance. You are required to hold Travel Insurance that includes, but is not limited to, coverage for the cancellation and interruption of your holiday, loss of deposits, loss of luggage and personal effects. Your luggage and personal effects are entirely at your own risk during the tour. Travel insurance should be arranged as soon as possible after booking with On The Verandah. You agree to supply your Travel Insurance policy details to On The Verandah if requested.
CANCELLATION CONDITIONS
DEPOSITS
Deposits are non-refundable once paid unless:
a) The guest cancels 91 days or more from the departure date.
b) On The Verandah cancels the services (other than when forced to cancel because government restrictions prevent travel) and you elect not to defer the booking to a future date; or
c) we are otherwise required to do so by Australian Consumer Law.
DEPOSITS AND OTHER PAYMENTS
Deposits and other payments are non-transferable once paid unless:
a) On The Verandah cancels the services (other than when forced to cancel because government restrictions prevent travel) and you elect not to defer your booking to a future date. If you elect to defer a booking following a cancellation by On The Verandah, payments received from you will be applied against that future booking; or
b) On The Verandah decides to cancel the services due to government restrictions, in which case you can elect to defer a booking or receive a credit note for the amount of the deposit or other payment. Credit notes can be used up to 24 months from the date of issue.
c) You need to cancel for any reason and you notify On The Verandah as soon as possible by phone or email. The following cancellation fees apply for your bookings cancelled within the following time periods.
91 days or more from departure date - No cancellation fee.
Between 61 days and 90 days from departure date – Loss of deposit.
Between 31 days and 60 days from departure date - 50% of booking cost forfeited.
Between 0 and 30 days from departure date - 100% of booking cost forfeited.
Failure to join tour, or leaving once the event has commenced - 100% of booking cost forfeited.
On The Verandah is not responsible for any incidental or additional expenses you may have incurred as a result of cancellation such as hotel reservations, visas, vaccinations or flights. For this reason, we require you to take out travel insurance with cancellation cover and to ensure that you are insured for all costs incurred by such a cancellation.
AMENDMENTS
Prices and products, including (but not limited to) accommodation, tutors and itineraries as shown on the Company’s website are subject to change. On The Verandah reserves the right to change this information without notice.
On The Verandah reserves the right to:
(a) cancel or modify any routes within the product itinerary or objectives set out in the itinerary;
(b) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
(c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the product if in the absolute discretion of the Company it is necessary to do so.
d) Substitute the tutor or guide with a person of similar experience and ability or vary the itinerary to provide a satisfactory alternative where the advertised tutor or guide is unable to participate due to illness, injury or unforeseen circumstances.
In the event of any change, modification, substitution, cancellation, postponement or delay you acknowledge that you will have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, substitution, cancellation, postponement or delay.
If you wish to change tours you must inform On The Verandah in writing by email as soon as possible. Changes are subject to availability on other tours. If there is no availability, and you do not wish to obtain a credit, the cancellation policy applies. Deposits are not transferable if requested less than 60 days from the start of the booked tour. On The Verandah may consent to the amendment of a portion of or all of the booking in its absolute discretion.
You are responsible to ensure any components booked separately are appropriately amended and for any costs incurred in connection with the amendment request, including (but not limited to) new season or other rate increases, third party provider fees, and any rebooking fees payable to the Company.
RISK WARNING AND LIABILITY WAIVER
On the Tour you may encounter risks of harm. We require you to sign our Risk Warning and Liability waiver prior to your arrival. When you request a reservation, this document will be supplied for you to read, sign and return to On The Verandah. A 20% deposit, a completed Booking Form and signed Waiver confirms your booking.
GENERAL MOBILITY AND SPECIAL ASSISTANCE
You are required to have a level of mobility to be able to walk and frequently board and alight the vehicles unaided and unassisted. Due to the terrain, vehicle and venue limitations, we are unable to accommodate Guests who require the use of mobility devices. Guests requiring assistance must be approved for travel in writing by On The Verandah prior to confirmation of the booking and may be asked to bring, at their expense, a companion who is willing and capable of providing such assistance. We reserve the right to deny your participation in any activity for which we deem you physically unfit, at risk of injury, or which may affect the well being or mobility of the group.
PRIVACY AND YOUR HEALTH STATUS
During the booking process we may receive information from you regarding your health status and may request a medical certificate. We respect your privacy, so would ask your physician to provide only the information that may be helpful in assisting medical staff in the event you require emergency care during the trip. We will store this information only for what we consider to be a reasonable length of time after your tour with us. If there is an accident, we may be required to share your information with third parties or insurance companies. You can obtain full details of how we collect, hold, use manage and disclose your personal information from our Privacy Policy, a copy of which may be obtained by ringing us on 0428254529 or by visiting our website at https://www.ontheverandah.com.au/terms-and-conditions.html
COVID-19
You agree to being fully vaccinated for COVID-19 at the commencement of the tour.
On commencement, or during the Tour, if you present with an elevated temperature or other symptoms of COVID-19, On The Verandah may in its absolute discretion:
(a) refuse your participation in the tour;
(b) request that you wear a face mask or other protective equipment;
(c) request that you undertake a Rapid Antigen Test; and or
(d) request that you conclude the tour / leave the premises at the earliest possible and safest opportunity.
Where (a) and (d) apply, the tour will be deemed to have been cancelled by the Customer and the Company’s usual cancellation provisions will apply. All costs incurred by the Customer and or the Company as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to the Company under these circumstances. For this reason we strongly recommend you take out travel insurance that covers you for costs associated with Covid-19 interruptions.
LIABILITY
Some On The Verandah itineraries are conducted in a remote wilderness area and that means that in some places and under some circumstances you may face dangers and discomfort. Should this happen you should be prepared for and accept the risks involved with a trip of this nature. While all due care is taken by On The Verandah to avoid unnecessary risks, ultimately all responsibility for damage or loss of personal property, illness, accident or death, lies with the Guest. You acknowledge that your decision to participate is made in light of consideration of this information and the nature of the itinerary.
On The Verandah itineraries may include third party providers of experiences and we take all reasonable care in selecting these operators. However, we cannot accept responsibility for the operators conduct or the conduct of their employees for any ramifications of that conduct.
On The Verandah does not accept any liability for losses, costs or expenses suffered as a delay in delivery of services due to an unexpected event or prevailing weather conditions. Refunds will only be provided in accordance with our cancellation conditions.
On The Verandah does not accept liability for any action on behalf of any other carriers that may result in guest failing to meet the conditions set down for any On The Verandah tour.
On The Verandah will take all reasonable steps to provide an enjoyable tour. We accept no liability for any loss of enjoyment experienced by guests. Liability for breach of contract arising from or caused by, directly or indirectly, force majeure, war, industrial dispute, civil unrest, natural disaster, act of God or unforeseen circumstances will not be accepted by On The Verandah. Refunds will only be provided in accordance with our cancellation policy.
The Guest declares a full understanding of the nature of the tour and the range of activities contemplated by the Guest, including activities undertaken on ‘free days’ with third party suppliers.
You declare and agree to On The Verandah;
(i) That you will obtain sufficient travel insurance.
(ii) That you have disclosed any physical or medical conditions requiring special attention.
FORCE MAJEURE
If any Force Majeure Event results in the Company being prevented from, or delayed in, performing any of its obligations to the Customer:
(a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon the Company under these terms and conditions;
(b) no loss or damage shall be claimed by the customer from the Company by reason thereof; and
(c) the Company shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.
In the event of a Force Majeure Event, the Company, in its absolute discretion may:
(a) cancel or modify any routes within the product itinerary or objectives set out in the itinerary;
(b) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
(c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any aspect of the product if in the absolute discretion of the Company it is necessary to do so;
(d) offer a transfer of the product, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by the Company in the circumstances), which transfer option is subject to availability;
(e) offer a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 24 months from the issue date (or such other longer period as determined by the Company in its absolute discretion), provided that:
(i) any additional costs payable on the new product will be payable by you in full at the time of booking;
(ii) additional costs may apply for the product in future seasons; and
(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.
ERRORS AND OMISSIONS
While On The Verandah uses reasonable endeavors to verify the accuracy of statements made in its trip documentation including emails, brochure, website and itineraries, it will not be held responsible or liable for any error, omission or unintentional misrepresentation that may occur.
AUTHORITY ON TOUR
Our itineraries are operated by guides. A guide’s decision is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a guide or interfere with the well-being or mobility of the group, the guide may elect to terminate your trip immediately with no right of refund. You must at all times comply with all laws, customs, foreign exchange and drug regulations of all countries visited.
YOUR RESPONSIBILITY
The Guest making the booking is responsible for their own and their party’s actions. If On The Verandah deems you or your party’s actions to cause danger to other guests or our staff, to intervene with other clients’ enjoyment of the trip, or to be offensive to the local communities and cultures, On The Verandah reserves the right to remove you from the tour effectively immediately. No refund will be provided for unused arrangements in these circumstances.
SPECIAL REQUESTS
You must let us know at the time of making your booking if you have special requests or needs (access, dietary requirements or other). We will try to meet your requests however we cannot guarantee that we will be able to accommodate every person’s needs and we take no responsibility for those which we are unable to fulfill. If we reasonably feel we are unable to satisfactorily accommodate your particular needs, we reserve the right to decline the booking.
DISPUTE RESOLUTION
Should any dispute arise between On The Verandah and a Guest, the parties agree that formal proceedings in a Court or Tribunal will not commence until after the following process has been followed:
• A party provides written notice specifying the nature of the dispute (“the notice”).
• The parties will in good faith attempt to resolve the dispute.
• If the dispute is not resolved within 7 days of receipt of the notice, the parties agree to refer the dispute to mediation administered by the West Australian Dispute Resolution Service and conducted in accordance with the ADC Guidelines for Commercial Mediation.
• If there is no resolution to the dispute at the expiration of 30 days from the receipt of the notice, formal proceedings may be commenced.
GOVERNING LAW
The laws applicable in Western Australia govern these Terms and Conditions and the parties submit to the jurisdiction of the Courts and/or Tribunals of Western Australia to determine any disputes.
DEFINITIONS
Force Majeure Event means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), public health emergencies, industrial disputes, slow-downs or other strike, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including (but not limited to) restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Company’s services beyond its control.
Updated 01.12.23
The Terms and Conditions under which On The Verandah operates Tours (also referred to as workshops, trips or events) are detailed below. You (the Guest) and everyone on whose behalf you make a booking, accept and agree to be bound by the Terms and Conditions when making a booking with On The Verandah.
BOOKING CONDITIONS
A signed and completed Risk Warning and Liability Waiver, a completed Booking Form plus a deposit of 20% is required within 7 days of booking to confirm your reservation. Failure to make deposit and final payment within 7 days shall entitle On The Verandah to cancel a booking. Overdue payment allows On The Verandah to consider the booking void. If your booking is made less than 60 days from the departure date, then the full tour tariff is to be paid at the time of booking.
FINAL PAYMENT
We require the Final Payment no later than 60 days prior to your departure. Failure to pay final payment by due date will result in the cancellation of the booking and forfeit of deposit.
SINGLE OCCUPANCY OR SHARE ROOM
On the Verandah aims to provide a range of accommodation options from unshared rooms for solo travellers; to double rooms for couples; and twin share rooms for friends travelling together or solo travellers prepared to share a twin room with another same sex guest. A single supplement fee may apply where an unshared room has been selected by the Guest. The single supplement amount may vary depending on the venue and the tour. If you opted for a twin share room and we do not book another Guest into your room, you will have sole use of the room at no additional cost.
TRAVEL INSURANCE
You are required to take out travel insurance as part of your On The Verandah booking. Please note medical ailments or accidents during the trip should be reported to On The Verandah staff immediately. You must bear the cost of any emergency, medical or rescue service summoned at the discretion of On The Verandah staff in relation to illness or injury of the client. It is your responsibility to ensure all bookings and belongings are covered appropriately by Travel Insurance. You are required to hold Travel Insurance that includes, but is not limited to, coverage for the cancellation and interruption of your holiday, loss of deposits, loss of luggage and personal effects. Your luggage and personal effects are entirely at your own risk during the tour. Travel insurance should be arranged as soon as possible after booking with On The Verandah. You agree to supply your Travel Insurance policy details to On The Verandah if requested.
CANCELLATION CONDITIONS
DEPOSITS
Deposits are non-refundable once paid unless:
a) The guest cancels 91 days or more from the departure date.
b) On The Verandah cancels the services (other than when forced to cancel because government restrictions prevent travel) and you elect not to defer the booking to a future date; or
c) we are otherwise required to do so by Australian Consumer Law.
DEPOSITS AND OTHER PAYMENTS
Deposits and other payments are non-transferable once paid unless:
a) On The Verandah cancels the services (other than when forced to cancel because government restrictions prevent travel) and you elect not to defer your booking to a future date. If you elect to defer a booking following a cancellation by On The Verandah, payments received from you will be applied against that future booking; or
b) On The Verandah decides to cancel the services due to government restrictions, in which case you can elect to defer a booking or receive a credit note for the amount of the deposit or other payment. Credit notes can be used up to 24 months from the date of issue.
c) You need to cancel for any reason and you notify On The Verandah as soon as possible by phone or email. The following cancellation fees apply for your bookings cancelled within the following time periods.
91 days or more from departure date - No cancellation fee.
Between 61 days and 90 days from departure date – Loss of deposit.
Between 31 days and 60 days from departure date - 50% of booking cost forfeited.
Between 0 and 30 days from departure date - 100% of booking cost forfeited.
Failure to join tour, or leaving once the event has commenced - 100% of booking cost forfeited.
On The Verandah is not responsible for any incidental or additional expenses you may have incurred as a result of cancellation such as hotel reservations, visas, vaccinations or flights. For this reason, we require you to take out travel insurance with cancellation cover and to ensure that you are insured for all costs incurred by such a cancellation.
AMENDMENTS
Prices and products, including (but not limited to) accommodation, tutors and itineraries as shown on the Company’s website are subject to change. On The Verandah reserves the right to change this information without notice.
On The Verandah reserves the right to:
(a) cancel or modify any routes within the product itinerary or objectives set out in the itinerary;
(b) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
(c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the product if in the absolute discretion of the Company it is necessary to do so.
d) Substitute the tutor or guide with a person of similar experience and ability or vary the itinerary to provide a satisfactory alternative where the advertised tutor or guide is unable to participate due to illness, injury or unforeseen circumstances.
In the event of any change, modification, substitution, cancellation, postponement or delay you acknowledge that you will have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, substitution, cancellation, postponement or delay.
If you wish to change tours you must inform On The Verandah in writing by email as soon as possible. Changes are subject to availability on other tours. If there is no availability, and you do not wish to obtain a credit, the cancellation policy applies. Deposits are not transferable if requested less than 60 days from the start of the booked tour. On The Verandah may consent to the amendment of a portion of or all of the booking in its absolute discretion.
You are responsible to ensure any components booked separately are appropriately amended and for any costs incurred in connection with the amendment request, including (but not limited to) new season or other rate increases, third party provider fees, and any rebooking fees payable to the Company.
RISK WARNING AND LIABILITY WAIVER
On the Tour you may encounter risks of harm. We require you to sign our Risk Warning and Liability waiver prior to your arrival. When you request a reservation, this document will be supplied for you to read, sign and return to On The Verandah. A 20% deposit, a completed Booking Form and signed Waiver confirms your booking.
GENERAL MOBILITY AND SPECIAL ASSISTANCE
You are required to have a level of mobility to be able to walk and frequently board and alight the vehicles unaided and unassisted. Due to the terrain, vehicle and venue limitations, we are unable to accommodate Guests who require the use of mobility devices. Guests requiring assistance must be approved for travel in writing by On The Verandah prior to confirmation of the booking and may be asked to bring, at their expense, a companion who is willing and capable of providing such assistance. We reserve the right to deny your participation in any activity for which we deem you physically unfit, at risk of injury, or which may affect the well being or mobility of the group.
PRIVACY AND YOUR HEALTH STATUS
During the booking process we may receive information from you regarding your health status and may request a medical certificate. We respect your privacy, so would ask your physician to provide only the information that may be helpful in assisting medical staff in the event you require emergency care during the trip. We will store this information only for what we consider to be a reasonable length of time after your tour with us. If there is an accident, we may be required to share your information with third parties or insurance companies. You can obtain full details of how we collect, hold, use manage and disclose your personal information from our Privacy Policy, a copy of which may be obtained by ringing us on 0428254529 or by visiting our website at https://www.ontheverandah.com.au/terms-and-conditions.html
COVID-19
You agree to being fully vaccinated for COVID-19 at the commencement of the tour.
On commencement, or during the Tour, if you present with an elevated temperature or other symptoms of COVID-19, On The Verandah may in its absolute discretion:
(a) refuse your participation in the tour;
(b) request that you wear a face mask or other protective equipment;
(c) request that you undertake a Rapid Antigen Test; and or
(d) request that you conclude the tour / leave the premises at the earliest possible and safest opportunity.
Where (a) and (d) apply, the tour will be deemed to have been cancelled by the Customer and the Company’s usual cancellation provisions will apply. All costs incurred by the Customer and or the Company as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to the Company under these circumstances. For this reason we strongly recommend you take out travel insurance that covers you for costs associated with Covid-19 interruptions.
LIABILITY
Some On The Verandah itineraries are conducted in a remote wilderness area and that means that in some places and under some circumstances you may face dangers and discomfort. Should this happen you should be prepared for and accept the risks involved with a trip of this nature. While all due care is taken by On The Verandah to avoid unnecessary risks, ultimately all responsibility for damage or loss of personal property, illness, accident or death, lies with the Guest. You acknowledge that your decision to participate is made in light of consideration of this information and the nature of the itinerary.
On The Verandah itineraries may include third party providers of experiences and we take all reasonable care in selecting these operators. However, we cannot accept responsibility for the operators conduct or the conduct of their employees for any ramifications of that conduct.
On The Verandah does not accept any liability for losses, costs or expenses suffered as a delay in delivery of services due to an unexpected event or prevailing weather conditions. Refunds will only be provided in accordance with our cancellation conditions.
On The Verandah does not accept liability for any action on behalf of any other carriers that may result in guest failing to meet the conditions set down for any On The Verandah tour.
On The Verandah will take all reasonable steps to provide an enjoyable tour. We accept no liability for any loss of enjoyment experienced by guests. Liability for breach of contract arising from or caused by, directly or indirectly, force majeure, war, industrial dispute, civil unrest, natural disaster, act of God or unforeseen circumstances will not be accepted by On The Verandah. Refunds will only be provided in accordance with our cancellation policy.
The Guest declares a full understanding of the nature of the tour and the range of activities contemplated by the Guest, including activities undertaken on ‘free days’ with third party suppliers.
You declare and agree to On The Verandah;
(i) That you will obtain sufficient travel insurance.
(ii) That you have disclosed any physical or medical conditions requiring special attention.
FORCE MAJEURE
If any Force Majeure Event results in the Company being prevented from, or delayed in, performing any of its obligations to the Customer:
(a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon the Company under these terms and conditions;
(b) no loss or damage shall be claimed by the customer from the Company by reason thereof; and
(c) the Company shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.
In the event of a Force Majeure Event, the Company, in its absolute discretion may:
(a) cancel or modify any routes within the product itinerary or objectives set out in the itinerary;
(b) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
(c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any aspect of the product if in the absolute discretion of the Company it is necessary to do so;
(d) offer a transfer of the product, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by the Company in the circumstances), which transfer option is subject to availability;
(e) offer a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 24 months from the issue date (or such other longer period as determined by the Company in its absolute discretion), provided that:
(i) any additional costs payable on the new product will be payable by you in full at the time of booking;
(ii) additional costs may apply for the product in future seasons; and
(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.
ERRORS AND OMISSIONS
While On The Verandah uses reasonable endeavors to verify the accuracy of statements made in its trip documentation including emails, brochure, website and itineraries, it will not be held responsible or liable for any error, omission or unintentional misrepresentation that may occur.
AUTHORITY ON TOUR
Our itineraries are operated by guides. A guide’s decision is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a guide or interfere with the well-being or mobility of the group, the guide may elect to terminate your trip immediately with no right of refund. You must at all times comply with all laws, customs, foreign exchange and drug regulations of all countries visited.
YOUR RESPONSIBILITY
The Guest making the booking is responsible for their own and their party’s actions. If On The Verandah deems you or your party’s actions to cause danger to other guests or our staff, to intervene with other clients’ enjoyment of the trip, or to be offensive to the local communities and cultures, On The Verandah reserves the right to remove you from the tour effectively immediately. No refund will be provided for unused arrangements in these circumstances.
SPECIAL REQUESTS
You must let us know at the time of making your booking if you have special requests or needs (access, dietary requirements or other). We will try to meet your requests however we cannot guarantee that we will be able to accommodate every person’s needs and we take no responsibility for those which we are unable to fulfill. If we reasonably feel we are unable to satisfactorily accommodate your particular needs, we reserve the right to decline the booking.
DISPUTE RESOLUTION
Should any dispute arise between On The Verandah and a Guest, the parties agree that formal proceedings in a Court or Tribunal will not commence until after the following process has been followed:
• A party provides written notice specifying the nature of the dispute (“the notice”).
• The parties will in good faith attempt to resolve the dispute.
• If the dispute is not resolved within 7 days of receipt of the notice, the parties agree to refer the dispute to mediation administered by the West Australian Dispute Resolution Service and conducted in accordance with the ADC Guidelines for Commercial Mediation.
• If there is no resolution to the dispute at the expiration of 30 days from the receipt of the notice, formal proceedings may be commenced.
GOVERNING LAW
The laws applicable in Western Australia govern these Terms and Conditions and the parties submit to the jurisdiction of the Courts and/or Tribunals of Western Australia to determine any disputes.
DEFINITIONS
Force Majeure Event means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), public health emergencies, industrial disputes, slow-downs or other strike, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including (but not limited to) restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Company’s services beyond its control.
