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. 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 $350 by 8 May ($320 early bird by 12 April) 2022. This payment includes a $30 non refundable deposit should JA have to cancel for any reason as stated in point 7 below.
    If the Customer wishes to pay by instalments, the Customer should contact Sarona Perez, the registrar, to make an arrangement. Instalments can only be made by credit card.

  4. Payments can be made by credit card or bank transfer. All amounts stated in these Terms are in Australian dollars. No registrant can participate in the AJCF without having made all payments.  

 

  1. 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:

50% refund for cancellation up to 3 weeks prior to the festival

25% refund for cancellation up to 1 week prior to the festival

No refunds in the last week prior to the festival.

 

  1. Unused Services. No partial refunds will be given for missed or unused services such as meals 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 JA. 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 $30 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 which JA or its agents cannot reasonably control, will not be reimbursed.

 

  1. Changes by JA. While JA plans to operate the AJCF as advertised, reasonable changes in the program 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 program 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 of JA in relation to AJCF. The Customer must at all times strictly comply with all relevant laws and behave respectfully in relation to the customs of the 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 participants. 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. 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. Dietary Requirements. All meals will be Kosher. The AJCF will accommodate gluten free, dairy free, vegetarian and vegan diets. Other dietary requirements may require the Customer to supplement the provided menu. 

 

  1. 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.
     

  2. 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 shall not be held liable for any injury, damage, loss, delay or irregularity whatsoever that may occur, including, but not limited to, delays or expenses arising from quarantine, lockdown, 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 all 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 the program 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.
     

  3. 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, the Customer cannot rely on any oral, written or visual representations or statements made by JA or by its staff or representatives, or on any other inducement or coercion to participate in the AJCF and the Customer accepts any hazards involved. The Customer releases and discharges forever JA 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 JA of and from any and all liabilities to the maximum extent permitted by the law.
     

  4. 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.
     

  5. 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 therefrom shall be litigated only in the appropriate court having jurisdiction in that State.
     

  6. 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 refundable registration 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.
     

  7. 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.
     

  8. 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.

  9. 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.