Destination Sport Group Pty Ltd, trading as Destination Sport Experiences, Sportive Breaks, Marathon Tours & Travel, (Destination Sport, we, us or our) is a sports tourism business focussed on providing experiences involving sport and physical activities (Packages). The Packages we provide are made up of products and services that we provide ourselves (Direct Services) or those which we arrange to be provided to you by a third party (Agent Services).

The terms and conditions upon which Direct Services (where you are contracting directly with us) are provided differ from Agent Services (where we are acting as your agent to create a contract directly between you and our third-party service provider). Please ensure you read these terms and conditions carefully before purchasing a Package, as in doing so you will be deemed to have agreed to these terms and conditions.

1. BOOKING PROCESS
   • We offer Packages that are:
     • packaged and offered by us as a set offering (Standard Packages);
     • customised by you through the selection of pre-determined components (Customised Packages);
     • created specifically for you based on specifications that you provide to us (Bespoke Packages).
   • You are able to book Packages on our website, by phone or by email, indicating which Package or Packages you wish to book, your contact details and all other information required by us (Booking Request).
   • All bookings are subject to availability of products, services, transport and accommodation and are not confirmed until you receive written notice from us (Booking Confirmation).
   • Packages may require the payment of a deposit, the provision of certifications or medical clearances before they can be confirmed (Prerequisites). If you fail to meet a Prerequisite, we reserve the right to terminate your booking without notice, and recover from you any out of pocket costs we have incurred in relation to your Booking Request.
   • For some arrangements, we may allow you to register in advance or apply to make a provisional booking. If so, you may be required to enter your card details at the time of booking and provide authorisation for the payment to be taken in due course (Provisional Arrangement). Alternatively, some arrangements will be booked on a request basis in order to allow us to check that the request you have made is available and at the price advertised. If so, you may be required to sign and return our booking form and pay a deposit (Request Bookings).
   • Provisional Arrangements and Request Bookings will confirm that you have accepted these Booking Conditions, and commit you to purchase the package if approved by us. They will not, however, confirm a booking with us until we issue you with a Booking Confirmation.
   • Subject to clause 8, a binding contract will come into existence between you and us as soon as we have issued you with a Booking Confirmation that will confirm the details of your booking and will be sent to you.
   • We reserve the right to return your deposit or other payments and decline to issue a Booking Confirmation at our absolute discretion at any time.
   • When making a booking, you must provide details of each traveller correctly. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller’s details. This includes providing us with accurate medical, dietary or mobility conditions that you have.
   • The balance of the cost of your booking (including any applicable surcharge) is due within the time frames notified to you, at the time of booking. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case we shall retain your deposit and further cancellation charges may apply.
   • Updates and documentations are provided to you via email. We will not be held responsible if the information or documents that are sent to you do not arrive due to an incorrect email address or your junk email settings. You must notify us immediately if you change your email address, contact telephone number, or mailing address after making a booking. It is your responsibility to advise us if you have not received your documentation or do not receive communications from us.
2. PAYMENT TERMS
   • All pricing is reflected in Australian Dollars unless otherwise specified.
   • Where applicable, pricing is inclusive of goods and services tax (GST), or other such value added taxes.
   • A credit card or debit card fee may be charged by certain merchant gateways and online payment providers. You will be notified of such charges prior to your purchase.
   • Credit Card transaction fees may vary or in some instances may be waived by certain merchants. We may (in our absolute discretion) pass on any costs or savings from our merchant providers.
   • All costs are subject to currency fluctuations, where applicable, and/or price increases charged by us or third party suppliers until both a booking is confirmed and paid for in full.
3. FEES AND COMMISSIONS
   • We may charge a fee for providing the Services to you. The fee is non-refundable, even if any or all of your booking is not used.
   • We may receive a commission, fee, rebate, gift or financial incentives from third party service providers in respect of your booking. Any commission, gift, fee, rebate and/or financial incentive received by us from third parties in relation to your booking is non-refundable in the event of cancellation.
   • The following late payment fees apply:
     • a $110 late payment fee is applicable for any payment received after its due date. If any payment is not received within 5 days of becoming due, you will be deemed to have cancelled your booking and the provisions of these terms regarding Cancellation and Amendments will apply.
     • a $75 amendment fee per person per change made once reservations have been confirmed (plus any additional charges incurred by the Providers) will apply, except if the amendment is made within a month of departure in which case a $110 fee will apply per person per change (plus any additional charges incurred by third party providers).
     • a $110 late booking fee may apply for reservations made within 2 months from the date of departure.

4. AGENT
   • Packages may, from time to time, include products or services provided third parties (including, but not limited to (and not in all cases), accommodation, transport and logistics, activities, equipment and/or venue hire, training services, food and beverage provision, transfers, and other services and products) (each an Agent Service). Destination Sport act as your agent when booking Agent Services, resulting in a contract directly between you and the third party service provider. You release and hold harmless Destination Sport, our officers, agents and employees from any liability arising from the actions of a third party service provider, provided such liability does not arise from any action of Destination Sport.
   • All bookings including Agent Services are made subject to the terms and conditions imposed by third party service providers. We recommend that you read and understand the terms and conditions of third party service providers as, on confirmation of your booking, you will be bound by those terms and conditions. We make no representation or warranty regarding the services or products to be supplied by third parties. The service provider is responsible for fulfilling the services and/or products in your Package. If they are unable to fulfil your booking for the relevant Agent Service, your remedy lies against them and not us.
5. DIRECT SERVICES
   • Where we provide you with Direct Services:
   • we shall:
     • use our best efforts to offer appropriate products, services and activities of a good standard, and in accordance with any quote or proposal we have provided to you;
     • ensure that we use appropriately qualified and credentialed staff to provide the Direct Services;
     • be entitled to replace components of Packages (in our absolute discretion) provided that the replacement is of an equal or greater standard to that which is replaced;
     • be entitled to remove components of Packages where they become unavailable or unsuitable due to matters outside of our reasonable control.
   • you shall:
     • provide us with all information we request at the time specified in our communications with you in order to make arrangements for your event, and in any case always in a timely manner;
     • provide evidence of any certifications, medical clearances or other prerequisites
     • cooperate with us in planning the Package and not take any action to prejudice the success of the Package;
     • ensure we are notified of any matter that might impact our provision of the Direct Services as soon as possible, and in any event no later than three weeks prior to the event (for example, whether any attendees have allergies, medical conditions or dietary requirements).
   • Provision of the Direct Services is based on the information you give us when we agree to accept a booking. If that information changes and we don’t believe we can provide the Package for the same cost or to the same quality we had previously believed, we may, at our sole option, either offer to provide the Package for a higher cost (which you may agree to or reject) or else terminate the Package immediately without penalty.
   • If a Package is terminated in accordance with clause 4, we are entitled to be paid for any work completed prior to the termination, and any out of pocket costs that cannot reasonably be avoided.
6. MINIMUM NUMBERS POLICY
   • Certain of our Packages are reliant upon minimum numbers in order to proceed. In the event that we are unable to secure minimum numbers for a particular Package we may, in our absolute discretion, decline to provide the Package to you. If we decline to provide a Package due to a lack of numbers we may offer you either credit towards another Package, or a refund (at our option).
   • Additionally, the cost of your Package may be reliant upon the number of participants you have booked for a given Package. If one or more participants in a Package have withdrawn from a Package, the per person cost of the Package may change.
7. CANCELLATIONS AND CHANGES
   • If you wish to change any part of your booking after we have provided you with a Booking Confirmation, you must inform us in writing as soon as possible. This should be done by the first named person on the booking.
   • Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of $75 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.
   • You acknowledge that alteration costs generally increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you.
   • If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices during business hours, and will be effective from the date on which we receive it.
   • Should one or more member of a party cancel, it may increase the per person itinerary price of those still travelling and you will be liable to pay this increase.
   • Deposits are non-refundable and non-transferable
   • Subject to clause 8, since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

• Notwithstanding anything else in these terms, please note that certain arrangements with third parties may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% for that part of the arrangements in addition to the charges above. Where possible we will deduct the cancellation charge(s) from any monies you have already paid to us.

8. Transfer of Booking:
   • If you or any member of your party is prevented from travelling, that person(s) may request that we transfer their place to someone else, subject to the following conditions:
     • that person is introduced by you and satisfies all the conditions applicable to the itinerary;
     • we are notified not less than seven (7) days before departure;
     • you pay any outstanding balance payment, an amendment fee of $75 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
     • the transferee agrees to these Booking Conditions and all other terms of the contract between us.
   • You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out above will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
   • Certain arrangements such as airline tickets may not be amended or transferred after they have been confirmed, and any alteration could incur a cancellation charge of 100% of that part of the booking or more (if there is an increase in the item cost as well as a transfer or amendment fee). We make no representation that you will be able to transfer or amend any booking, and you will hold us harmless in the event of us being unable to do so.
   • In all cases you acknowledge that we may be unable to amend or cancel a booking and you agree to hold harmless Destination Sport, its officers, agents and employees from any and all liability, cost, loss or damage arising from our inability to transfer, amend or cancel a booking.
9. IF WE CHANGE OR CANCEL YOUR PACKAGE ITINERARY
   • As we plan your arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time without prior notice to you.
   • If we make a minor change to your itinerary, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure, but we will have no liability to you in the event we do not.
   • Examples of minor changes include (but are not limited to) alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, and changes of carriers. Please note that carriers such as airlines used in any brochure, other marketing materials or stated on our website may be subject to change.
   • Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
     • a change of accommodation area for the whole or a significant part of your time away;
     • a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away;
     • a change of outward departure time or overall length of your arrangements by more than 12 hours; or
     • a significant change to your itinerary, missing out one or more event entirely.
   • We will may cancel your travel arrangements for reasons including (but not limited to) events beyond our control, insufficient numbers, third party service cancellations or unavailability, quarantine or travel bans, or failure by you to pay the final balance.
   • We may also cancel some or all of your itinerary if the minimum number of clients required for a particular travel arrangement is not reached. Where we cancel due to a failure to obtain minimum numbers we will do so no later than the following dates:
     • in the case of trips lasting more than 6 days, 20 days before the start of the Package;
     • in the case of trips lasting between 2 and 6 days, 7 days before the start of the Package;
     • in the case of trips lasting less than 2 days, 48 hours before the start of the Package.
   • Subject to clause 8, if we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the options of:
     • (for significant changes) accepting the changed arrangements;
     • having a refund of all monies paid; or
     • if available and where we offer one, accepting an offer of an alternative travel arrangements (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

• If the cost of changed arrangements or alternative travel is greater than the cost of your original cancelled itinerary we may, in our sole discretion, only offer you a refund of monies paid instead of alternative travel arrangements.

10. CANCELLATION DUE TO FORCE MAJEURE
    • For the purposes of this clause 10, “force majeure” means any acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility (Force Majeure Event).
    • If your booking is cancelled due to a Force Majeure Event before the commencement of a Package, you will be entitled to a refund of monies paid for the portion of the Package impacted by the Force Majeure Event, less unrecoverable out of pocket costs we have incurred.
    • If a Force Majeure Event occurs after a booking has commenced you agree to hold us harmless for any loss, damage or increase in cost you experience and any inconvenience you suffer. You acknowledge that we have encouraged you to obtain travel insurance, and to make sure that the coverage offered by your insurer covers any Force Majeure Event.
11. ADVERSE EVENTS
    • If the Package is affected by adverse events or extreme weather conditions before the commencement date we may agree to change the commencement date in accordance with clause 7.
    • If the commencement date cannot be changed or a suitable alternative agreed upon by the parties within a period of 12 months from the date we receive notice of your request to change the commencement date due to the adverse event, the change will be considered a cancelation subject to clause 7.
    • Subject to the terms and conditions of the relevant service provider, Packages affected by a delayed commencement date or that are required to end early due to an agreed safety concern between the parties will only be charged for services rendered.
    • IMPORTANT: You acknowledge that you understand the foreseeable risks associated with extreme weather conditions that may occur and that changes to the Package caused by this and/or cancellations due to extreme weather may incur fees set out in clause 7.
12. FITNESS TO TRAVEL AND PARTICIPATE, DISABILITIES AND MEDICAL PROBLEMS
    • We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements.
    • We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
13. ROOM SHARE REQUEST
    • When requested, we will make reasonable efforts match you with someone of the same gender to avoid the single supplement, however this cannot be guaranteed.
    • Should we be able to match you, a $55 fee will apply.
    • Should the person you are sharing with subsequently cancel during or after the booking process, you may then be liable to pay for the difference between the twin share and the single rate less the $55 fee.
    • You must make us aware of any personal or medical issues that may be relevant and important for the person you are sharing with to know (for example snoring or any medical routines you need to undertake).
    • If any issues arise once you have begun room sharing and you wish to move to a room by yourself, or we are required to ask you to move, this will be at your cost.
    • We may only require you to move to a room by yourself under reasonable and fair circumstances.
14. CONFIDENTIALITY & INTELLECTUAL PROPERTY
    • You acknowledge that you have been provided with access to Confidential Information and the Intellectual Property of Destination Sport from the Booking Date until the Departure Date.
    • Without our prior written consent, you must not use or disclose Confidential Information and Intellectual Property of Destination Sport for any purpose other than it was provided for.
    • For the purpose of this clause 14:
      • Confidential Information means any information we disclosed to you in connection with or arising from the provision of the Services; and
      • Intellectual Property means any information sent to you from us (in whatever form) including the design, Event program, set up and design, data, logos, copyrights, designs, concepts, sound recordings.
    • This clause 14 survives the termination of these Terms and Conditions.
15. RESPECTFUL BEHAVIOURS

You are solely responsible for:

• the participants, members of the group, visitors and guests behaviour, welfare, safety and compliance with rules at the site;
• maintaining the tidiness of accommodation and travel vehicles. Areas are expected to be left in the condition found upon arrival. Where areas are not left clean and tidy to the satisfaction of the service providers, you are liable for cleaning charges.
• compliance with all local laws during your participation in a Package;
• treating all staff and contractors with respect and decency.
• all damage, loss and breakage at accommodation venues. You will incur a replacement or repair charge (including but not limited to labour costs) for any damage, loss and breakages of equipment and facilities;
• the return of our equipment at the conclusion of the Event or on the Departure Date. You are liable for any repair or replacement costs to such equipment.
• the provision of First Aid and addressing any medical issues that arise amongst participants.

16. DISCLAIMER
    • You acknowledge that Destination Sport, its officers, employees and representatives are not responsible for any loss or damage to any property brought by a participant or the booking party when participating in a Package.
    • Should any claim be made for such damage to the property owned by any person associated with the booking party, or any other person or corporate body associated with such person, then the booking party indemnifies and hold Destination Sport harmless against all such claims.
    • The booking party is solely responsible for ensuring that all participants in the Package and their guests and/or visitors are aware of this disclaimer of liability.
17. LIMITATION OF LIABILITY
    • Our Services come with warranties that cannot be excluded under the Australian Consumer Law. Our liability for breach of such a warranty will be limited to either supplying the Services again or paying for the cost of having the services supplied again (at our option).
    • To the extent permitted by law we exclude all liability to you or any other person (whether in contract, tort or otherwise) for any loss (whether direct, indirect or consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter relating to these Terms and Conditions except to the extent that such loss or damage is incurred as a direct consequence of our negligence or wilful misconduct.
    • You indemnify Destination Sport, its officers, employees, representatives and contractors against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
      • your access or use of the Services (including those of the participants, members of the group, their visitors and guests);
      • any breach by you (or the participants, members of the group, their visitors and guests) of these Terms and Conditions and any additional terms applicable to providing the services; and
      • any failure by you to fulfil an obligation to a service provider (including failures to make payments or damages to the property of a service provider),

except to the extent that such loss or damage is a direct consequence of our negligence or willful misconduct.

• We act as an agent for a variety of service providers (such as accommodation providers, program event organisers, transport providers and others). These service providers may also engage services of other service providers and contractors. We are not responsible for the service provider’s acts or omission. Any disputes between you and the service provider must be resolved with the service provider.
• You agree and acknowledge that we are not to be held vicariously liable for:
  • intentional or negligent acts of any persons who are not employed by us; and
  • intentional or negligent acts of Destination Sport employees committed while off duty or outside the scope or course of their employment.

MISCELLANEOUS

• Privacy
  Any personal information (as that term is defined in the Privacy Act 1988) we collect from you will be handled in strict confidence and will only be used for any purpose associated with the operation of the Event. In making this booking, you consent to us providing personal information you have supplied to the relevant service provider/s booked for the Event.
• Severability
  If any term contained in these Terms and Conditions is unenforceable or void by operation or law or as being against public policy or for any other reason, then such term is deemed to be severed from these Terms and Conditions or amended accordingly only to such extent necessary to allow the remaining terms to survive and continue as binding.
• Assignment
  We can assign our rights and obligations under these Terms and Conditions without notice to you.
• Governing law
  The laws of the State of South Australia govern these Terms and Conditions. The parties submit to the non-exclusion jurisdiction of the courts of the State of South Australia.

19. OFFICIAL ACKNOWLEDGEMENTS

By making a Booking Request on behalf of a booking party, you warrant that:

• you have authority to sign on behalf of the booking party.
• you understand and agree to the terms & conditions outlined above and accept full responsibility for the booking party.
• you understand and agree the booking party will be charged an amount on the final invoice based on the Expected Numbers or the actual number participants attending, whichever is greater.

20. Passports & Visas:

All travellers are responsible for ensuring that you:

Hold a passport that will be valid for at least 6 months after the date of your return to Australia;

Have all necessary visa and permits to enable you to enter each country that form part of your booking and complies with all relevant immigration and other government requirements.

We can provide you with general information only on visa and passport requirements that apply to international travel bookings you make with us, and you must conduct your own due diligence to determine whether you will be permitted entry to every relevant country.

We do not accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation.

If you are travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.

If you are travelling to Canada please see http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals (“ETA”). Australian passport holders will not be able to enter Canada without a valid ETA (or visa or permit) from 15 March 2016. Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit.

We urge you to apply for an ESTA or ETA prior to booking an airfare if you have any concerns about whether or not you might be eligible for an ESTA or ETA.

21. Travel Documents including event/race entry:

Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers, event/race entry or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a travel service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, name change not permitted and/or subject to cancellation and/or other change fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. Your name on your passport, visa and other travel documents must all be identical. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional change and/or cancellation fees. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings.|Please ensure you read your travel documents carefully for details on baggage allowances as these can vary from airline to airline and country to country. Excess baggage (if your airline allows it) can be expensive and is your responsibility. We will not be liable for any expenses, fees, penalties, costs, liabilities, damages or losses associated with baggage allowances and excess baggage.

22. Travel Insurance:
    1. Personal travel insurance is not included in the package price.
    2. We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Your insurance protection should at least include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Your travel consultant can provide general information to you about travel insurance.
23. Travel Advice including COVID-19 (Coronavirus) Guidance:

We recommend that you contact the Department of Foreign Affairs and Trade (“DFAT”) or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.

We strongly recommend that you familiarise yourself with the current status and updates to Australia’s immigration and border arrangements during the COVID-19 outbreak, available at https://covid19.homeaffairs.gov.au/.

In addition you should familiarise yourself with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your transit and final destination at each of (i) the time of booking, (ii) as you approach your travel date, and (iii) immediately before travel.

You acknowledge that you are choosing to travel at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

Last Updated: 18 February 2023