“Booking Terms and Conditions” means these terms and conditions.
“Experience Provider Terms and Conditions” means the terms and conditions of the Experience Provider in relation to the provision of the Experience to the Traveller.
“Experience Provider” means the provider of the Experience.
“Experience Related Services” means the services provided by Neue Experience to the Traveller in relation to the Experience. These services include, but are not limited to, the acquiring of the Experience, the provision of the Experience if Neue Experience is the Experience Provider, and other advisory and consulting services in relation to the Experience.
“Experience Terms and Conditions” means the Booking Terms and Conditions and the Experience Provider Terms and Conditions, also referred to as 'Unique Terms'.
“Experience” means the service or product selected by the Traveller provided by the Experience Provider.
“Neue Experience” means Neue Experience Pty Ltd (ACN 627 229 501).
“Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth).
“Traveller” means any person who acquires an Experience (whether or not the Experience was acquired for them by another person).
2. Neue Experience provides the Traveller with the Experience Related Services in order for the Experience to be acquired for the Traveller. If Neue Experience is not the Experience Provider then it acts as an agent for the Experience Provider.
3. By the Traveller booking the Experience, or otherwise requesting the Experience Related Services, the Traveller warrants that the Traveller has read, understood and agreed to the Experience Terms and Conditions and acknowledges and agrees that:
a. the Experience Terms and Conditions may include rules and restrictions about the use and availability of products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury delay and loss or damage to baggage in relation to the Experience and these are binding on the Traveller; and
b. the Traveller may, depending on the Experience, be responsible for arranging and the costs of the Traveller’s travel, accommodation or meal arrangements and the satisfaction of any visa and other entry requirements of countries the Traveller seek access to in relation to the Experience.
4. The Experience Terms and Conditions will be made available on the website of Neue Experience and copies will also be provided to the Traveller as part of any initial booking enquiry and/or prior to any final booking confirmation.
5. The Traveller can book the Experience and obtain the Experience Related Services by accessing the website of Neue Experience or by contacting Neue Experience.
6. When booking the Experience and receiving the Experience Related Services, the Traveller warrants to Neue Experience that:
a. the Traveller is at least 18 years old and able to enter into the Experience Terms and Conditions in relation to the Experience;
b. any information and details the Traveller provides to Neue Experience are true, accurate, current and complete; and
c. any information and details the Traveller provides to Neue Experience are identical to passport details of the person the information and details are provided in relation to, where applicable. Neue Experience accepts no responsibility for any loss or damage arising from the incorrect provision of details and the Traveller acknowledges that the provision of the Experience may be frustrated or cancelled if the name of a person as recorded in their passport varies from the booking.
7. The Experiences offered are subject to availability and can be withdrawn or cancelled without notice. In the event that the Experience is withdrawn or cancelled by the Experience Provider, Neue Experience will refund any amounts paid by the Traveller that remain held by Neue Experience.
8. Neue Experience reserves the right to decline a booking request for any lawful reason.
9. The Traveller warrants that the Traveller currently does and will continue to satisfy any and all requirements relating to the Experience, including any age, health and behavioural requirements. The Traveller acknowledges and agrees that the Experience may be cancelled, and no refund provided, should the Traveller fail to satisfy the requirements of the Experience.
10. The Traveller warrants that the Traveller currently does and will continue to satisfy any and all requirements relating to the Experience, including any age, health and behavioural requirements. The Traveller acknowledges and agrees that the Experience may be cancelled, and no refund provided, should the Traveller fail to satisfy the requirements of the Experience.
11. Bookings are not transferable or refundable except as otherwise set out in the Experience Terms and Conditions or in accordance with the Traveller’s rights under consumer protection laws.
12. The payment of a non-refundable amount to Neue Experience of USD1,000 or such other amount advised by Neue Experience will be required to reserve the Experience. If the Experience is withdrawn by Neue Experience prior to a booking being proceeded with, this amount will be returned in full to the Traveller. If the Traveller elects not to proceed with booking the Experience, the USD1,000 deposit will be retained by Neue Experience, together with any other amounts according to the Cancellation and Amendment as stated in Clause 24.
13. Payment for the Experience and the Experience Related Services is required within seven (7) days of receipt by Neue Experience of the Traveller’s booking confirmation or at the times and in the manner otherwise reasonably required by Neue Experience and notified to the Traveller.
14. All pricing is reflected in United States Dollars (USD) and exclusive of United States taxes unless otherwise specified. Payments made by Australian residents may be made in Australian Dollars (AUD) and are exclusive of Good and Services Tax unless otherwise specified.
15. Neue Experience accepts payment by electronic funds transfer (EFT), cheque, Visa, MasterCard and American Express. A surcharge may apply for payments made by credit and debit cards. For information on surcharge fees, the Traveller should contact Neue Experience.
16. Payments processed in foreign currency may incur a currency conversion fee. The Traveller should contact the Traveller’s financial institution for applicable fee details.
17. If any amount is not received by the payment due date, Neue Experience reserves the right to treat the Traveller’s booking as cancelled and apply any cancellation fees in accordance with the Experience Terms and Conditions
18. The pricing of the Experience is subject to change until a booking confirmation has been received and deposit paid and is otherwise subject to the Experience Terms and Conditions.
19. The Traveller agrees that any amount paid by the Traveller to Neue Experience for the Experience will not be held on trust for the Traveller but will be applied towards the Experience acquired for the Traveller. The Experience Terms and Conditions will apply to amounts paid towards the Experience.
20. Refunds for Experiences are subject to the Experience Terms and Conditions.
Cancellations and Amendments
21. Neue Experience will use its best endeavours to facilitate any Traveller amendment requests.
22. Neue Experience reserves the right to charge a minimum amendment fee of USD150 per person for each amendment requested.
23. Whether amendments can be made, and the relevant costs payable by the Traveller, will be determined by the Experience Terms and Conditions and subject to availability.
24. The Experience may be cancelled in accordance with the Experience Terms and Conditions and, unless stated otherwise, the following cancellation fees will apply:
a. If cancellation occurs 90-75 days prior to the commencement of the Experience: USD1,000 non-refundable deposit plus, 40% of the total price payable in relation to the Experience;
b. If cancellation occurs 74-30 days prior to the commencement of the Experience: USD1,000 non-refundable deposit plus, 80% of the total price payable in relation to the Experience;
c. If cancellation occurs 29-0 days prior to the commencement of the Experience: 100% of the total price payable in relation to the Experience;
25. The Traveller acknowledges that name changes and route and itinerary alterations may be treated as a cancellation.
26. The Traveller acknowledges that Neue Experience has recommended that the Traveller obtain comprehensive travel insurance prior to the Experience. The Traveller warrants to Neue Experience that the Traveller has considered acquiring comprehensive travel insurance including, but not limited to, loss or damage to personal baggage, loss of money and emergency medical expenses. Neue Experience is not responsible for any failure by the Traveller to acquire adequate insurance cover.
Limitation of Liability
27. If acting as agent for the Experience Provider, Neue Experience is not liable to the Traveller for any breach of obligations in relation to the provision of the Experience.
28. Subject to the application of consumer guarantees which may be implied into the supply of the Experience Related Services or the Experience to the Traveller, Neue Experience is not liable to the Traveller or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, loss profits or savings or damages for disappointment) which is suffered directly or in connection with the delivery or non-delivery of the Experience or the Experience Related Services or any act or omission of Neue Experience, the Experience Provider or other third parties.
29. Neue Experience does not intend to exclude or restrict the application of consumer guarantees under consumer protection laws but, subject to this, does not give any guarantee or warranty and makes no representation of any kind, express or implied, with respect to the Experience Related Services or any Experience supplied by Neue Experience outside these laws.
30. All information provided by Neue Experience related to the Experience or Experience Provider is provided by the Experience Provider or other third parties. Neue Experience is not responsible for and makes no warranties or representations about such information including the standard or description of the Experience.
32. The Personal Information of the Traveller is collected in order to book the Experience for the Traveller and to communicate with the Traveller about the Experience. If Neue Luxury cannot collect from the Traveller the minimum amount of Personal Information required to complete the booking of the Experience, it will not be able to process the Experience booking and no contract is formed.
Complaints & Disputes
33. If the Traveller has any complaints in connection with the Experience, the Experience Related Services or Neue Experience, the Traveller is to provide written details of the complaint (including any supporting evidence and/or images) to Neue Experience using the contact details provided for Neue Experience below within 28 business days of the conclusion of the Experience. The complaint will be handled in accordance with the complaints procedure of Neue Experience. The Traveller is able to request a copy of the complaints procedure from Neue Experience
34. Neue Experience reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by it. Nothing in the Experience Terms and Conditions gives the Traveller a right to use any of the marketing material, business names, trademarks, logos, domain names or other distinctive brand features of Neue Experience.
35. These terms and conditions will be interpreted under and governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts that may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions.
36. If any provision of these terms and conditions is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction, unless it materially alters the nature or material terms of these terms and conditions.
37. The Traveller should use the following details to contact Neue Experience:
Neue Experience Pty Ltd +61 3 9687 4899 firstname.lastname@example.org 35a/91 Moreland Street Footscray VIC 3011 Australia