Terms and Conditions

Please read carefully. Email Festival Manager, Pauline Lazarus, if you have any queries.

 

 

BOOKING TERMS AND CONDITIONS

  1. Contract with Jewish Arts Inc. The terms and conditions set forth below (the ‘Terms’) constitute the entire understanding and agreement between Jewish Arts Inc. (‘JA’) and the customer whose name appears in the booking application (the ‘Customer’) with respect to any and all bookings, trips or transactions made with JA or otherwise in relation to the Australian Jewish Choral Festival (‘AJCF’) . These Terms affect the Customer’s rights and designate the applicable law and choice of forum for the resolution of any and all disputes. All persons wishing to make a booking must carefully read and understand the Terms. By making a booking by telephone, on the JA website, or by email with JA or its agents, the Customer accepts and is bound by these Terms. There is no verbal or written representation, warranty, collateral agreement, prior agreement, a description of services, or conditions, other than as expressed herein. The service to be provided is the AJCF program referred to in the booking confirmation provided by JA to the Customer.
     
  2. Reservations / Acceptance of Booking. To reserve a space for the AJCF, each Customer must submit a completed online application and pay a non-refundable deposit of AUD$350 per person. If a booking is made 60 days or less before 14 June 2020, then the full amount is payable at the time the Customer’s booking is confirmed. Acceptance of the Customer’s booking must be confirmed in writing by JA in order to be a valid booking.
     
  3. Payments / Client Details. The Customer must pay the following instalments on or before the following dates:
    5 October 2019    $350    Non-refundable deposit (instalment 1)
    5 December 2019    $1,200    (instalment 2)
    5 March 2020    Balance Payable, depending on accommodation choices (instalment 3)

Payments can be made by credit card or bank transfer. All amounts stated in these Terms are in Australian dollars. If payments are not paid when due, JA reserves the right to treat the reservation as cancelled. No registrant can depart on the AJCF without having made all payments and lodged the necessary documents.  The Customer must provide all required details with the Customer’s final payment as per the dates specified in (2) above. For JA to confirm and guarantee the Customer’s travel arrangements, the Customer must provide all required details with their final payment as per the dates specified above.

  1. Single Supplement. All accommodation rates are based on double occupancy. JA will use reasonable endeavours to find roommates for single travellers if requested. If no roommates are available then the Customer will need to make the choice whether to pay the single supplement or cancel.
     
  2. Cancellation by the Customer. If the Customer cancels, a cancellation fee will apply. Cancellations must be in writing, and the date on which JA receives notification of cancellation will determine the cancellation charges applicable, as set out below:

    Cancellation on or after 5 December 2019, and up to and including 4 March 2020, 50% of instalment 2*

Cancellation on or after 5 March 2020    No refunds*

Note: The $350 deposit (instalment 1) is not refundable in any event.

  1. Unused Services. No partial refunds will be given for missed or unused services such as hotel rooms, meals, sightseeing trips or included activities, or for any reason whatsoever (this includes voluntary or involuntary termination – such as sickness, death of a family member, etc.) The AJCF cost is quoted as a package and credits are not given for services not used.
     
  2. Cancellation by Jewish Arts. JA reserves the right to cancel the AJCF due to insufficient sign-up, which, in JA’s opinion, makes the AJCF economically unviable to operate or for any other reason. If this happens, the Customer will receive a full refund of all the AJCF fees the Customer has paid, less a $50 administration cost. JA is not responsible for any additional or incidental expenses incurred by the Customer preparing for the AJCF (such as non-refundable ‘Advance Purchase’ air tickets, equipment, medical expenses, bank fees for receiving the refund etc.). 
     
  3. Surcharges. As JA publishes its prices in advance, it is possible that JA might be faced with cost increases due to factors beyond its control. As such JA reserves the right to impose surcharges after the final payment has been received.
     
  4. Delays. Any costs, whether direct or incidental, incurred by the Customer as a result of delays caused by bad weather, road conditions, transportation, sickness, government intervention or other contingencies for which JA or its agents cannot reasonably control, will not be reimbursed.
  1. Changes by Jewish Arts INC. Reasonable changes in the itinerary may be made where deemed desirable by the AJCF team. While JA plans to operate the AJCF as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable. If such a change is made, the Customer will be advised as soon as possible in the circumstances. If the change in the itinerary is due to unforeseen circumstances or circumstances beyond the reasonable control of JA, JA will be under no liability to indemnify the Customer for any loss or damage the Customer may suffer as a result. 
     
  2. Authority on AJCF. The Customer must at all times strictly comply with all relevant laws and behave respectfully in relation to the customs of the Indigenous communities with whom the AJCF is interacting. Illicit drugs are strictly prohibited. At all times the decision of JA’s representative is final on all matters that may threaten the safety or interfere with the well-being of the group or individual travellers. Should the Customer fail to cooperate with the reasonable requests of JA’s representative, or if, in the opinion of JA’s representative, the Customer’s behaviour is threatening, or is likely to threaten, the harmonious continuation of the AJCF for the benefit of other participants,  JA’s representative may require the Customer to leave the AJCF without recourse to any refund.
     
  3. Medical fitness and health. If the Customer is affected by any condition, medical or otherwise, that may require the Customer to seek assistance from other AJCF participants during the AJCF, or otherwise may affect other participants’ enjoyment of the AJCF, the Customer must advise JA at the time of booking. It is the responsibility of the Customer to advise JA of any pre-existing medical condition that may require medical attention during the AJCF or that may increase the risk that medical attention may need to be sought. As a minimum, the Customer must be able to walk without the aid of another person, walk safely on rough terrain for at least five hundred metres, carry the  Customer’s own luggage to the bus and manage hand luggage, and be able to ascend and descend from the bus multiple times per day. If, in the reasonable opinion of JA, the Customer is unable to function independently during the AJCF, JA may require the Customer to leave the AJCF. In such an event, the Customer is not entitled to any refund. If the Customer suffers any illness or accident during the AJCF, JA will use its best endeavours to help the Customer receive medical attention. JA is not liable for any failure of the Customer to receive medical attention or for any medical attention the Customer may receive.
     
  4. Age and restrictions. There is no age restriction for the AJCF. An unaccompanied minor under 18 years of age may be accepted for the AJCF at JA’s discretion, and subject to JA receiving a letter from the minor’s parent or guardian consenting to the minor joining the AJCF and signing JA’s release of liability form. 
  1. Baggage. JA assumes no liability for loss or damage to baggage or personal effects of the Customer. The Customer is responsible for delivering the Customer’s baggage to and from the bus each day.
     
  2. Medical Insurance. The Customer must have in place sufficient insurance that covers the Customer’s medical and other associated expenses such as air ambulance fees and evacuation expenses in the event of the Customer sustaining an accident or suffering an illness during the AJCF. The Customer agrees to obtain and verify that the Customer has sufficient personal medical insurance coverage for the AJCF. 
     
  3. Travel Insurance. It is recommended that the Customer obtains personal travel insurance, including baggage, cancellation, curtailment, loss of belongings, and all other expenses that might arise as a result of loss, theft, damage, injury, delay or inconvenience occurring to the Customer. The price of the AJCF does not include any such insurance. When obtaining travel insurance, the Customer must ensure the insurer is aware of the type of travel to be undertaken. 
     
  4. Accommodation. JA will select accommodation for AJCF participants that JA in its absolute discretion considers to be suitable. JA will assist AJCF participants in facilitating room share options wherever possible.
     
  5. Bus Seating. Seating on the AJCF bus will not be pre-allocated (except for the reserved seating for the AJCF team at the front of the bus). All participants must be willing to share a double seat. If the Customer requires a specific seat, the Customer must inform JA at time of booking and JA will try to meet the Customer’s request.
     
  6. Dietary Requirements. The AJCF will accommodate gluten free, dairy free, vegetarian and vegan diets. Kosher meals can be sourced, but at an additional cost to the Customer (prices available upon request). JA will use reasonable endeavours to accommodate other requests, however it may not be possible to do so given potential limited availability in rural and regional Australia. AJCF participants may choose to bring some supplemental snacks with them.
     
  7. Flights and AJCF commencement. The Customer is responsible for booking the Customer’s own travel to Adelaide, and from Uluru, at the Customer’s own cost. The Customer needs to be in Adelaide for the start of the AJCF program at Beit Shalom Synagogue [39 Hackney Rd, Hackney, SA 5069] by 2pm on Sunday 14 June 2020. The AJCF formally concludes at the end of the evening program on Thursday 18 June 2020. It is the Customer’s responsibility to check out by the required time on Friday 19 June 2020 and make any further arrangements as required. A free airport shuttle bus is available at Yulara Resort.
     
  8. Publicity. The Customer agrees that JA may use images of the Customer taken during the AJCF without recourse or compensation to the Customer, for publicity and promotion purposes through whatever medium JA chooses.
     
  9. Responsibility during the AJCF. The Customer agrees that all arrangements JA makes on behalf of the Customer are made on the basis that JA shall not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may be occasioned to the Customer through acts of any party engaged in carrying out the arrangements, including through the negligence of any such party. JA acts as an agent for transport companies, hotels and other contractors and shall not be held liable for any injury, damage, loss, delay or irregularity whatsoever that may occur, including, but not limited to, any defect in a vehicle or any other form of conveying a traveller, detention, delays or expenses arising from quarantine, strike, riots, theft, force majeure, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, motor vehicle or any other form of transport or in any hotel or guesthouse, pension, or other form of accommodation. The Customer acknowledges that the quality of the products and services organised by JA as part of the AJCF, including accommodations and all other services related to the AJCF, are outside the control of JA and that in any event the quality of such products and services may be compromised by local conditions. Accordingly, the Customer hereby releases JA from all claims and causes of action whatsoever arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products and services. The information contained on the JA website is correct to the best of JA’s knowledge and JA accepts no liability for any inaccuracies contained therein. JA reserves the right to alter any itinerary or service at any time without penalty to JA. Any additional expense or cancellation shall be borne by the Customer. JA reserves the right to withdraw or refuse any service to any Customer at its discretion. 
     
  10. Cultural Sensitivities. The customer acknowledges that, as the AJCF involves connections and activities with Indigenous peoples, the program activities are likely to require sensitivity to cultural norms. Examples include dress code, alcohol consumption and use of language. The Customer agrees to accept the instruction of JA on such cultural matters.
  1. RELEASE OF LIABILITY AND ASSUMPTION OF ALL RISKS. The Customer acknowledges that the Customer has  voluntarily applied to participate in the AJCF and has read the program description as it appears on the JA website. In entering this Agreement, reliance cannot be made on any oral, written or visual representations or statements by JA or its staff or representatives, or any other inducement or coercion to participate in the AJCF and accepts any hazards involved. The Customer voluntarily participates in the AJCF with knowledge that travel to remote areas the Customer will visit during the AJCF involves potential risks and dangers including but not limited to: the forces of nature, civil unrest, terrorism, roads, trails, hotels, vehicles, boats or other means of conveyance which may not be operated or maintained to standards common in the Customer’s home state; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which the Customer is not prepared; consumption of alcoholic beverages; or negligence (but not the willful or fraudulent conduct) on the part of JA and its agents, or other agencies known or unknown. The Customer acknowledges that the enjoyment and excitement of adventure travel is derived in part from the inherent risks of travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for the Customer’s voluntary participation. The Customer RELEASES AND DISCHARGES FOREVER JEWISH ARTS INC AND ITS AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM THE CUSTOMER’S PARTICIPATION IN the AJCF. The Customer agrees this release shall be legally binding upon the Customer, all minors under the age of 18 travelling with the Customer, all members of the Customer’s family, and their heirs, successors, assigns, and legal representatives: it being the Customer’s intention to fully assume all the risks of travel associated with this trip and to release Jewish Arts Inc. of and from any and all liabilities to the maximum extent permitted by the law.
     
  2. Local Conditions. The Customer is responsible for acquainting herself or himself as the case may be with the customs, weather conditions, physical challenges and laws in effect at each stop along the AJCF itinerary. 
     
  3. Claims and Complaints. If a Customer has a complaint against JA, the Customer must first inform a JA representative at the earliest opportunity during the AJCF, in order that the representative can attempt to rectify the matter. If satisfaction is still not reached through these means, then any further complaint must be put in writing to JA within 30 days of the end of the AJCF. JA will not accept any claims received after this period.
     
  4. Applicable Law and Choice of Forum. This contract is governed by the laws of the state of New South Wales, Australia, and any legal action arising there from, shall be litigated only in the appropriate court having jurisdiction in that State.
     
  5. Limitation of Remedies. The Customer agrees that the sole remedy for any default by JA arising under this agreement shall be the return of the costs for attending the AJCF that have been paid by the Customer. To the maximum extent permitted under applicable law, JA will not be liable for any indirect, special, incidental or consequential damages of any kind (including personal injury) regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if JA has been advised of the possibility of such damages, and the Customer expressly waives any right it may have to recover such damages.
     
  6. Severability. The Customer understands and agrees that in the event that one or more of the provisions of this agreement, for any reason, is or are held to be invalid or unenforceable, all remaining Terms and Conditions survive and continue as binding.
     
  7. Errors and Omissions. Although JA has made a concerted attempt to verify the accuracy of statements made herein, JA cannot be held responsible for any error, omission or unintentional misrepresentation that may appear on the website or any advertising material originated by JA. 
     
  8. Use of Information. The Customer agrees not to use any of JA’s published or printed materials, (such as maps, town information, or information on the Company’s website) for any commercial purposes. 
     
  9. Privacy Policy. JA will provide the Customer’s personal information, as well as any personal information the Customer provides in relation to any other persons whose travel arrangements the Customer requests, to JA’s trusted suppliers and carriers to enable the operation of the services requested by the Customer. JA takes all reasonable measures to protect the Customer’s personal information.