Indemnity and T&C (Green) | The Snow Journey

Important

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The Snow Journey

Participant Waiver of Liability and Assumption of Risk

The Snow Journey has adopted reasonable steps to ensure that our guests have a rewarding experience. We wish to inform guests that there are dangers associated with golf. By agreeing to this document, you agree that you are aware of the risks involved with golf.

Acknowledgement of Risk

The Participant acknowledges that participation in golf on any golf course involves inherent risks, including but not limited to:

Struck by golf balls or clubs
Uneven or slippery terrain, bunkers, water hazards, and natural obstacles
Adverse weather conditions such as extreme heat, rain, or lightning
Physical exertion, including walking long distances and potential fatigue
Use of golf carts, which may result in collisions or tipping
Any other hazards typically associated with playing golf and being on a golf course
Use and operation of golf carts, including the risk of collisions, tipping, sudden stops, loss of control, or mechanical failure

Transportation: You will be traveling in a foreign country on foreign airlines, buses, trains and other modes of transportation. Accidents may occur during travel to and from the start and end point of the trip over trails, roads and highways. I agree that the terms of this release shall cover any injury I receive due to vehicular accident on the part of The Snow Journey whether by their negligence or the negligence of others.

Medical Care: You may be several hours from a medical facility. Transportation may be by car, ambulance, or other forms of local transportation. The medical facility you may be treated in will not have the same standards as hospitals or doctors in your country of residence. The medical personnel you will be treated by may not have the same training as medical personnel in your country of residence. It is also possible that you may suffer mental anguish or trauma from the experience or injury.

Participant Responsibilities: Participants may have free and unsupervised time. Throughout the trip, participants are responsible for their own safety and for the safety of other members of their group. The Snow Journey is not responsible for any decisions about your ability to participate in the activities. Based on this information and other information, you should research and learn on your own to decide whether you would like to assume the risks of the activity. This list is not an exclusive or exhaustive list of possible injuries, trauma or accidents that may occur while playing golf. Most of these injuries are rare and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or are not physically able to undertake the activity. I certify that I or my minor/child is fully capable of being a part of The Snow Journey. I state that I have read the above statement on some of the possible risks of this activity. Therefore, I assume full responsibility for myself, my family, including minor/children, for bodily injury, death, and loss of personal property and any expenses as a result of my negligence, negligence of my family, or the negligence of The Snow Journey. I also understand that The Snow Journey reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating on this trip. I confirm that I am in good physical condition and am able to undertake this trip.

Contract, Waiver, Release and Indemnification

I agree to indemnify and hold harmless The Snow Journey, its owners, managers, agents, employees, contractors from all claims, damages, losses, injuries and expenses arising out of or resulting from my participation in these activities. I further agree to release, acquit and covenant not to sue The Snow Journey, their owners, their agents, contractors and employees for all actions, causes of action claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of The Snow Journey, negligence of another participant, or my family, myself, or my heirs, against The Snow Journey arising out of participation in this program. In short, I cannot sue The Snow Journey and its owners, managers, agents, employees, contractors for any reason that I and/ or my child may receive an injury and if I do, I cannot claim any form of monetary damages against The Snow Journey.

Any controversy or claim out of or relating to this contract or any part of this contract shall be settled by binding arbitration in Victoria, Australia in accordance with the relevant Australian arbitration and mediation laws.

I agree to the site of any lawsuit and the law governing any such lawsuit shall be in Victoria, Australia and governed by Australian Law. The terms of this agreement shall continue and be in effect after the trip with The Snow Journey has ended. As liquidated damages, I hereby agree that if The Snow Journey is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue, by myself, my executors, or my heirs, on my family’s or my behalf, my heirs or executors and I agree to pay The Snow Journey’s costs and legal fees if they successfully defend such action, lawsuit or litigation. Should any sentence, clause, paragraph, or part of this agreement be declared enforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. A copy of this release can be used as if it was an original. This release is intended to be interpreted as broadly as possible to effect the intent and purpose of the release.

Medical Information, Release, and Assignment of Proxy

I have adequate travel, health, disability, and life insurance for my family and myself. I hereby give permission for transportation to any medical facility, hospital and I authorise any qualified guide or medical personnel to render necessary emergency medical care for my family or me. I hereby authorize the release of any medical information, including information concerning my HIV or AIDS status, in the possession of The Snow Journey to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on my behalf. I hereby waive any action or claim against The Snow Journey or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information.

Medical and Surgical authorisation: In consideration of my participation in any trip organised by the Snow Journey, I have read the accompanying Release of Liability and understand that I assume all risks or personal injury (including death) that may result from any activity. I affirm that none of the conditions, treatments, allergies, incapacities or disabilities listed above would prevent me from participating in the trip organised by The Snow Journey. In addition, I hereby authorize and give my consent to The Snow Journey’s travel staff, first responders, paramedics or any licensed health professional to perform upon or administer any reasonable, necessary medical treatment in an emergency.

Limited Purpose Medical Power of Attorney: I hereby appoint The Snow Journey (or in their absence another competent representative of the Snow Journey) as my true and lawful attorney-in-fact, for me and in my name to give medical authorisation should I be incapacitated and not able to give same myself, and to bind me thereby in as full and ample a matter as I myself could do, where I personally authorised and signed the same. This Power of Attorney shall not, however, be effective for consent to non-emergency elective surgery. This Power of Attorney shall be void and unenforceable at the conclusion of my trip with The Snow Journey. This Power of Attorney may also be canceled by written or email request to the Snow Journey.

Terms and Conditions

By making payment, customers are deemed to have read, understood and assumed the following terms and conditions. Shu Group Pty Ltd shall be known as The Snow Journey in the terms and conditions listed below.

1. Reservation and Payment

For all bookings, full payment is required to secure your reservation.
To the extent a payment fails to be processed, The Snow Journey reserves the right to cancel the reservation.

2. Mode of Payment

All payments can be made through our website via credit card.

3. Cancellation Charges / Refunds

Any cancellation of bookings by customers must be in writing and the following charges / refund terms apply:
- 90 days or more prior to commencement of trip date: Full Refund
- 89 days or less prior to commencement of trip date: No Refund (unless a substitute can be found)
For all cancellations, a AUD 150 processing fee per person will be charged.

4. Bookings

Even after full payment has been made, all arrangements are still subject to final confirmation if for some unforeseeable circumstance the arrangement cannot be finalised and the reservation has to be cancelled, The Snow Journey will endeavour to notify the customers at least one week before the customer’s arrival date.
The following are cases upon which The Snow Journey reserve the right to decline the commencement of the trip:
- In cases where the age, skills and/or other conditions of the customer in question do not meet such conditions as specified by us in advance, as required of Travelers participating in the trip.
- In cases where the number of customers subscribing for the trip has already reached the maximum number of participants as scheduled for the trip.
- In cases where the customer in question subscribing for the trip is likely to create a nuisance for other customers or hinder smooth implementation of the trip as a group.
- In cases where there is any inconvenience experienced on our side related to our business, as stemming from the actions of the customer in question during the subscription process.

5. Contents of The Snow Journey Experience Contract

We undertake the organisation of arrangements and administration of itineraries under this contract, such that the customer may be provided with two way private airport transfers from Melbourne Tullamarine Airport, accommodation as offered by accommodation facilities, daily private transport to golf courses and other services concerning the trip (hereinafter referred to as the “Trip Service”).

6. Business

We reserve the right to engage other travel agents, professional organizers and arrangers, or other helpers in or outside Melbourne, Australia, in having them make arrangements in whole, or in part on our behalf for the execution of this contract.

7. Refund of Unused Services

No refunds, either in part or full, will be made for unused add-on services booked through The Snow Journey. These include, but not limited to, golf gear rental, golf lessons, cart hire, Green Fees & travel insurance.

8. Travel Documents

It is the customer’s responsibility to ensure that they have a valid passport with a minimum 6 months validity from the date of the last departure point as well as the necessary visas, current health certificates and necessary travel documents as required by the various government authorities of the country(ies) to be visited.
The Snow Journey cannot be held responsible or be liable for any expense, reimbursement or refund of travel arrangement charges if any customer is refused entry by any country before departure or during the period of travel for whatsoever reason, including but not limited to non-possession of necessary visas.

9. Travel Insurance

Travel insurance coverage for the full duration of the trip is compulsory for all customers to join The Snow Journey’s trips.
All customers are required to maintain full insurance coverage for playing golf during the period of the travel.
Under no circumstances is The Snow Journey liable for injuries, sickness, accident, damage, death, loss, delay, detention, theft, quarantine, custom regulation, strike, acts of god, changes in itinerary, deportation, refusal of entry by Immigration or any unforeseen circumstances.

10. Accommodation

Accommodation sleeping arrangements will be assigned on a first come first served basis. Assigned room arrangement will be deemed agreeable upon the customer’s booking submission.
In the event the accommodation booked or requested is not available, every effort will be made for an alternative arrangement. Any non-compliance may result in an automatic cancellation of reservation and forfeiture of your payment

11. External Factors

The operation of the golf course and availability of some facilities used in the golf course / resort cannot be guaranteed as these are dependent on factors outside the control of The Snow Journey. These may include but are not limited to unpredictable weather, public holidays, festivals or mechanical failure or routine maintenance. In such cases, no refunds can be given.

12. Co-ordinating Staff

Assignment of trip co-ordinator(s) for all groups regardless of group size, tickets, availability of accommodation is at the sole discretion of The Snow Journey.

13. Confidentiality and Personal Data Security

The Snow Journey will not divulge our customer’s personal information to any unauthorized third party without any written consent.

14. Responsibility and Liability

All arrangements for the provision of transport, accommodation, golf equipment are made by The Snow Journey through our appointed agents. The Snow Journey accepts no responsibilities for injuries, damage, accident, death, loss, delay, theft, quarantine, custom regulation, strike, acts of god, and changes in itinerary, deportation or refusal of entry by Immigration.

Authorities resulting from improper travel documents, possession of unlawful items or irregularities that may arise due to person or property is not the responsibility of The Snow Journey. Any losses & expenses are the responsibility of the customer. All proper travel documents are the sole responsibility of the customer.

The Snow Journey reserves the right to modify program details regarding dates, prices and /or schedules in any way, without notice. The Snow Journey also reserves the right to decline to accept, cancel or withdraw any customer if it is deemed that his or her behaviour or conduct is detrimental to or incompatible with the health, safety, interests, harmony and welfare of the other participants and the group as a whole. Under such circumstances, The Snow Journey shall be under no liability thereafter to any such person.

No employees or agents of The Snow Journey are authorised to commit The Snow Journey to any liability whatsoever and The Snow Journey will not be bound by any statements or representation unless it is in writing and signed by a management executive of The Snow Journey.

The Snow Journey also reserves the right to take photographs and films of customers during the trip, to be used for advertising.

The Snow Journey shall not be liable to the customers for any goods purchased by the customers during the trip duration whether or not the goods are of defective quality, not suitable for the customer's purpose, not in conformity with samples provided to the customers or rejected by the customer for any other reason whatsoever notwithstanding that the goods are purchased in shops the visitation of which comprise part of the package (including itinerary) or which are specifically recommended by the travel services, their guides, servants, employees or independent contractors, nor The Snow Journey or the travel services be liable to the customers for the purchase monies of the aforesaid goods.

Itineraries, prices, services and conditions are correct as the time of reservation. The Snow Journey reserves the right to revise the booking fees and to determine the date of commencement of such revised booking fees.

The Snow Journey reserves the right to change, amend, insert or delete any of the Terms and Conditions, or policies contained in this document, as the case may be, without prior notice.

ABN: 74676042309