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Terms of Service

Last Updated: June 1, 2023

Welcome to Adiapricon Travel. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Adiapricon Travel website, mobile applications, or any other services provided by Adiapricon Travel (collectively, the "Services"), you agree to comply with and be bound by these Terms.

If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Adiapricon Travel Pty Ltd ("Adiapricon Travel," "we," "us," or "our"), an Australian company with its registered office at 123 George Street, Sydney, NSW 2000, Australia.

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms and policies referenced herein and/or available by hyperlink.

We may modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after the posting of revised Terms constitutes your acceptance of such changes.

2. Eligibility

To use our Services, you must be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater. By using our Services, you represent and warrant that you have the legal capacity to enter into a binding contract with Adiapricon Travel and that you are not barred from using the Services under applicable law.

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

3. Account Registration

3.1 Account Creation

You may need to create an account to use certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Create a strong password and keep it secure
  • Not share your account credentials with others
  • Notify us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you fail to comply with these Terms.

4. Booking and Payment Terms

4.1 Booking Process

When you make a booking through our Services, you agree to:

  • Provide accurate information for all travelers included in the booking
  • Ensure that all travelers have valid travel documents (such as passports, visas, and travel insurance) as required
  • Comply with all applicable laws, regulations, and requirements of the destinations you will visit

4.2 Confirmation and Contract

Your booking is confirmed and a contract comes into existence when we issue a confirmation invoice to you. Prior to this, we may send you an acknowledgment of receipt of your booking request.

4.3 Payment

Prices displayed on our website are in Australian Dollars (AUD) unless otherwise specified. To secure your booking, you may be required to make a deposit payment or full payment, depending on the service and timing of your booking.

Payment methods accepted include major credit cards, direct bank transfers, and other methods as specified during the booking process. You authorize us to charge the applicable payment method for the total booking amount, including any taxes and fees.

4.4 Price Changes

Prices quoted for our services are based on exchange rates, transportation costs, taxes, and other factors at the time of publishing. We reserve the right to change prices at any time before your booking is confirmed. After confirmation, we will only increase prices in the following circumstances:

  • Increases in transportation costs (including fuel)
  • Increases in taxes, fees, or charges imposed by third parties
  • Exchange rate fluctuations relevant to your package

We will absorb, and you will not be charged for, any price increase equivalent to 2% or less of the price of your travel arrangements. We will only pass on amounts exceeding this 2%.

5. Cancellation and Refund Policy

5.1 Cancellation by You

If you need to cancel your booking, you must notify us in writing as soon as possible. Cancellation charges will apply based on when we receive your written notification:

  • More than 60 days before departure: Deposit only
  • 59-30 days before departure: 50% of total booking price
  • 29-15 days before departure: 75% of total booking price
  • 14 days or less before departure: 100% of total booking price

Certain travel services, such as airfares or special promotions, may have different cancellation policies as specified at the time of booking.

5.2 Cancellation by Us

We reserve the right to cancel your booking in the following circumstances:

  • If we do not receive your final payment by the due date
  • If we are forced to do so by circumstances beyond our control (such as natural disasters, political unrest, or other unforeseen events)
  • If the minimum number of participants required for a group tour is not met

If we cancel your booking for any reason other than your failure to pay, we will offer you:

  • A comparable alternative travel arrangement if available, or
  • A full refund of all monies paid

5.3 Refunds

Refunds will be processed to the original form of payment within 30 days of the cancellation date. We are not responsible for any additional bank charges, currency exchange fees, or other charges that may be incurred due to the refund process.

No refunds will be issued for:

  • Unused services, such as missed transfers, accommodations, or activities
  • Changes made by you during the trip
  • Circumstances beyond our control (such as flight delays, weather conditions, or political situations)

6. Travel Documentation and Requirements

6.1 Travel Documents

It is your responsibility to ensure that you and all members of your party have valid travel documentation, including:

  • Passports with at least six months validity beyond your return date
  • Necessary visas for all destinations on your itinerary
  • Any required vaccinations or health certificates
  • Travel insurance covering medical emergencies, cancellations, and other travel-related risks

We will provide general information about travel document requirements, but you should verify this information with the relevant embassies, consulates, or government authorities.

6.2 Travel Insurance

We strongly recommend that all travelers obtain comprehensive travel insurance before their trip. Your travel insurance should cover at minimum:

  • Medical expenses and emergency medical evacuation
  • Trip cancellation and interruption
  • Baggage loss or delay
  • Personal liability

We may request proof of travel insurance coverage as a condition of your booking. If you choose to travel without adequate insurance coverage, we will not be liable for any losses or expenses that would have been covered by insurance.

7. Website Usage and Intellectual Property

7.1 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.

7.2 Intellectual Property Rights

All content on our website and Services, including text, graphics, logos, images, audio, video, software, and other material, is owned by Adiapricon Travel or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from our Services
  • Use our trademarks, service marks, or other intellectual property without our prior written consent
  • Remove any copyright, trademark, or other proprietary notices from material found on our Services

7.3 Prohibited Activities

You agree not to use our Services to:

  • Violate any applicable law or regulation
  • Infringe upon the rights of others
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Transmit viruses, malware, or other harmful code
  • Interfere with the proper functioning of our Services
  • Collect or store personal data about other users without their consent
  • Engage in any activity that could damage, disable, or impair our Services

8. User Content

Our Services may allow you to post, submit, or transmit content, such as reviews, comments, or photos ("User Content"). By submitting User Content, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, modify, adapt, distribute, and publicly display such User Content in any media.

You represent and warrant that:

  • You own or have the necessary rights to the User Content you submit
  • Your User Content does not violate the privacy, publicity, intellectual property, or other rights of any person
  • Your User Content does not contain any defamatory, obscene, offensive, or otherwise unlawful material

We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

9. Limitation of Liability

To the maximum extent permitted by law, Adiapricon Travel and our officers, directors, employees, agents, and affiliates shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, goodwill, or other intangible losses
  • Any damages related to your access to or use of (or inability to access or use) our Services
  • Any damages related to any conduct or content of any third party on or related to our Services

Our total liability for any claim arising out of or relating to these Terms or our Services shall not exceed the greater of:

  • The amount you have paid to Adiapricon Travel for services in the 12 months prior to the claim, or
  • AUD $100

The limitations of liability in this section shall apply to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been informed of the possibility of such damage.

10. Indemnification

You agree to indemnify, defend, and hold harmless Adiapricon Travel and our officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your User Content

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be submitted to mediation in Sydney, Australia. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in Sydney, Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin infringement or misappropriation of our intellectual property rights.

12. Miscellaneous Provisions

12.1 Entire Agreement

These Terms, together with any additional terms and policies referenced herein, constitute the entire agreement between you and Adiapricon Travel regarding your use of our Services and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced with a valid provision that most closely matches the intent of the original provision.

12.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Adiapricon Travel.

12.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without our consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

12.5 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government actions, labor disputes, or power failures.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Adiapricon Travel
123 George Street
Sydney, NSW 2000
Australia

Email: [email protected]
Phone: +61 2 8729 5820

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