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The website (www.wayfarersatlas.com) and all other digital platforms, social media accounts and mobile applications (together the Website), content, materials, products and services (together the Services) are owned and operated by The Wayfaring Group ABN: 62 614 467 739 (Company, we, us, our). References to “External Service Providers” shall mean any third-party suppliers of goods or services. The term “you” shall mean any browsers, users or purchasers of our Services.
These Terms and Conditions, including any additional disclaimers, policies and legal notices displayed on our Website from time to time state how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By accessing any information, registering on the Website, or using the Services provided through the Website, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether you are a visitor simply browsing the Website or you become a member of the Website (both, Users).
You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardians’ prior consent to use the Website and Services. You acknowledge and agree using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, which may be terminated in accordance with the provisions below.
These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.
The Website and Services are designed to provide you with an online directory and booking service specifically for luxury surf trips.
The information, content and material contained in, or available through, the Website is provided for general information purposes only and does not cater to the specific circumstances or needs of individual users. All Information provided by us is provided in good faith, though we make no guarantees of any specific result from use of the Website or Services. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times.
The Company is not responsible for the content of, or any omissions or typographical errors in the content of External Service Providers. We offer standard information about External Service Providers, which is either provided to us or pre-approved. All ratings and recommendations displayed on the Website are intended only as general guidelines, and in consideration of self-assessment. We do not guarantee the accuracy of the ratings and make no guarantees about the availability or quality of specific products and services.
We prohibit the use of the Website and any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and the Services in a safe and responsible manner and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Services or the Website. You agree you may not use the Services or the Website for any purpose that is unlawful, or to solicit the performance of any illegal activity, or other conduct that infringes the Company’s rights or the rights of others.
In respect of such unlawful or prohibited activity, you acknowledge and agree you will not:
(a) bypass (or attempt to bypass) any security mechanisms imposed by the Website;
(b) harvest or collect email addresses, images or personal information of other users;
(c) transmit, post, make representations about false or misleading material;
(d) post or transmit any material which contains a computer virus or other harmful data, code or material;
(e) exploit the Website for your own commercial purposes or the commercial purposes of any other person (including the posting of advertisements, solicitations, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
(f) provide access or links to any material, (including peer to peer network “trackers”) which may infringe the intellectual property rights of another person or entity;
(g) use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the structure or presentation of the Website, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Website;
(h) manipulate identifiers in order to disguise the origin of any communication you send through the Website;
(i) impersonate or misrepresent you are any other individual or entity;
(j) defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Website or Services;
(k) seek or trace any information of another user, including an account not owned by you, or exploit the Website or Services in any way where the purpose is to reveal information;
(l) attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
(m) breach the security or authentication procedures of the Website, or any network connected to the Website, in an attempt to gain unauthorised access to any part of the Website or Services by hacking, password “mining” or any other illegitimate means.
You may not use the Services or the Website, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.
The Website may contain links to third party websites or resources. You acknowledge and agree that we are also not responsible for the information, services or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software.
Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible for. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.
The Website, (and any of our other digital platforms, mobile applications or social media accounts) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.
You agree you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or in any way connected with Services.
You agree you may not use the Website to submit, post or display any content that (i) you do not have permission, right or license to use; (ii) is objectionable, offensive, unlawful, deceptive or harmful; (iii) is personal, private or confidential information belonging to others; (iv) requests or displays personal information from a minor; (v) impersonates or misrepresent your affiliation with another person, or entity; (vi) to transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials, or informational announcements; (vii) plan or engage in any illegal, fraudulent, or manipulative activity.
By posting, submitting, updating, modifying, transmitting or otherwise making available any User-Generated Content on this Website:
(a) you warrant that you independently created or otherwise have all the necessary rights and permissions to submit the User-Generated Content to the Website;
(b) you grant us a royalty-free, non-exclusive, irrevocable, perpetual, transferable, world-wide licence of the intellectual property rights in the User-Generated Content to use, modify, copy, cache, store, archive, sub-licence, distribute, reproduce, adapt, transmit, create derivative works, publish and/or broadcast, exhibit, synchronise, edit, adapt, publicly perform, communicate and publicly display in any manner and by any means which we may determine;
(c) your User-Generated Content, and the licence that you grant to us under paragraph (b), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third-party claims arising from your use of the Website in breach of this clause; and
(d) to the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User-Generated Content which would otherwise constitute an infringement of your moral rights that you may have in the User-Generated Content. To the extent that a waiver (rather than consent) is required in any jurisdiction, then you waive any moral rights you may have.
You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content for any reason.
In particular, you acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.
You acknowledge that other users may use, view and download your User-Generated Content. We are not responsible for how other users will use your User-Generated Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.
Some User-Generated Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are responsible for determining whether to participate in these events and activities, and you do so at your own risk.
Upon accessing the Website, you will be given the option to become a member by signing up to the opt in “Join the Club.” By Submitting a Booking Enquiry Form you automatically subscribe to our membership database. If you do not want to remain on our membership database, you can simply follow the instructions on the form to update your subscription or data preferences, unsubscribe from our email communications or email us anytime at [email protected].
You agree that all information you provide to us through the Website will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and use of our Services.
If you are making a booking through the Website, you acknowledge you have read and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a minor. By making a booking you represent and warrant that you are at least 18 years old. If you are making a booking on behalf of a minor, you warrant you are their parent or legal guardian, and that you are aware of any age restrictions relevant to your booking or imposed by External Service Providers. If a third-party is making the bookings on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.
You agree and acknowledge that all information you provide to us through the booking service will be true, accurate, current and complete, including but not limited to your tittle, name, age, gender, address, telephone number and passport details.
The Booking Enquiry Form can be accessed via the Website on the homepage at www.wayfarersatlas.com/enquire/ or via the individual listings, and will be processed via email. Submitting an enquiry form does not secure your booking. All bookings are confirmed via the Booking Agreement.
You acknowledge that we are independent from any External Service Providers, and additional terms and conditions of External Service Providers may apply to bookings, made via our system. Please read carefully any additional terms and conditions, as outlined in the Booking Agreement, as you will be bound by those terms and conditions.
We will strive to satisfy any specific booking requests made by you at the time of booking, however until your specific requests have been confirmed, they cannot be guaranteed, nor can we guarantee that your specific request will be honoured or executed by the relevant External Service Providers.
All prices are subject to availability and can be withdrawn or varied without notice. We will endeavour to ensure that prices quoted prior to, or at the time of booking remain valid until payment. You acknowledge that at times some of the variable factors affecting the cost of the Services, including but not limited to exchange rates, government charges, transport costs, fuel charges, the prices charged by External Service Providers and other matters outside of our control, may increase the price of the Services between the time of booking and the time of payment, and that price provided on the Booking Agreement is only guaranteed once the booking has been paid for in full.
In the event of any such increases, and subject to any specific terms and conditions, we reserve the right to pass any such amounts on to you, provided that it does so at least 30 days before the date of departure, and you agree to pay the same. Once the Services have been paid for in full, we shall not be entitled to pass on to you any variable price increases, save where any such increases or surcharges are imposed by government regulation, in which case you agree to pay such surcharges.
The booking fees may also be subject to Air Passenger Duty or airline taxes for airline flights, online surcharges or service fees when you request extra or specific services, and surcharges for purchases made by credit card.
Purchases and bookings are subject to acceptance by us.
Not all Services will have the same terms of purchase, options for payment or fees. You agree that it will be your responsibility to review the applicable terms and costs for the Services relevant to you. By purchasing any of the Services, you agree to pay the price as quoted, as indicated in the Booking Agreement.
Transactions are processed in AUD figures, fees that are paid in a foreign currency will be reconciled as at the date of payment, and will be subject to the prevailing exchange rate and transfer fees as indicated in the Booking Agreement.
Bookings cannot be secured without payment of the deposit. At the time of booking, you will be required to pay the deposit as indicated on your Booking Agreement. The deposit amount will vary and depend on the External Service Providers and the products and services as requested by you. The amounts may range from a minimum of 20% of the booking fee, up to 100% of the booking fee. If your booking is made within 65 days of the departure date then the full amount is payable at the time of booking.
Our acceptance of deposit does not by itself, constitute acceptance of a booking. Your booking will be deemed accepted upon your receipt of the Booking Agreement.
8.3 Balance Payment
The balance payment being the total estimated price less the deposit paid, must be made on time and pursuant to the instructions as outlined in the Booking Agreement. Deadlines are set by individual External Service Providers and will vary depending on the products or services you are purchasing. A payment reminder will be sent to you one week prior to the payment deadline, however, it will be your responsibility to ensure you meet the fee requirements, and acknowledge that failure to do so may result in automatic cancelation of the booking.
You will be responsible for the full booking fee, regardless of whether you complete the Services or not. Exemptions to this clause will be subject to the terms of the External Service Provider or at the Company’s discretion.
8.4 Gateways and Merchants
We may use a payment-processing merchant for purchases and payments, or payment platforms, where you may be directed offsite. By purchasing the Services, you agree to comply with our terms of purchase as well as those provided by the payment-processing merchant or payment platform.
We reserve the right to change the preferred payment gateway, from time to time, and without notice.
8.5 Credit Cards, Chargebacks and Payment Security
We accept credit card payments for the Services. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless caused by fraud or negligence we are responsible for.
To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein.
If you use a multiple-payment plan to make payments to us, we shall be authorised to make all charges at the time they are due and not require separate authorisation in order to do so.
You shall not make any charge backs to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance.
The Company reserves the right to reject, and or report, credit card payments that are suspected of fraud or illegal activity.
Payments for all services purchased in Australia, including international transactions, are inclusive of GST. Upon receipt of payment, you will be issued a tax invoice in accordance with applicable legislative requirements relating to GST in Australia.
You will be responsible for any and all international taxes payable by you outside of those included in the fees for the Services.
9.1 Variation or Cancellation by You
Booking variation requests must be made in writing via email to us. We will use reasonable endeavours to try and accommodate changes, however we cannot guarantee we will be able to satisfy any or all requests. If the request for variation can be satisfied, we will advise you of any variation in price, or added fees, which are payable upon confirmation of the variation. Bookings cannot be varied within 14 days of departure.
Booking cancellations must in writing and sent via email to us and will be subject to the cancelation terms as outlined on the Booking Agreement, and which may vary according to the External Service Providers.
If you voluntarily withdraw from a service during the course of your trip for any reason after it has commenced, the Company has no obligation to make any refunds for unused services.
9.2 Variation or Cancellation by Us
A booking may be cancelled at any time prior to departure if, due to a force majeure, terrorism, natural disasters, political instability or other external events and it is not viable for us or an External Service Provider to proceed with the planned itinerary. Where a part of your booking has been varied or cancelled, we will use our best endeavours to provide an alternative itinerary that is substantially the same or as similar as practical to the original booking, or voluntarily offer you a right to cancel or change a booking via our booking system. Notwithstanding, in the case of changes or cancellations by External Service Providers, we may not always be able to provide you with comprehensive information concerning all possible discrepancies or facts of cancellations.
You acknowledge that such a necessity may arise from time to time, and any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those outlined in the terms and conditions of the Booking Agreement and pursuant to the relevant External Service Providers. Under these circumstances we will not responsible for any incidental expenses that you may have incurred as a result of your booking, including but not limited to visas, vaccinations, travel insurance and other fees.
You acknowledge that there may be flight delays (due to circumstances beyond our control) that may lead to interference with your onward travel arrangements. In such circumstances, whilst every effort will be made by us to assist you, we will not be responsible for any flight delays or loss of flight connections, whether caused by us or you or an External Service Provider. We will also not be liable to compensate you for any lost part of their itinerary and we will not be liable to pay for any additional costs incurred by you as a result of that loss.
You agree it is also your responsibility to contact the relevant airline companies at an appropriate time before flight departures to confirm that details relating to your flights are correct. You acknowledge that it is your responsibility to check-in on time for your flight at any airport, and that we will not be responsible for flights that are not taken due to late arrival (or for any other reason) at any airport.
Request for refunds must be in writing, and will be subject to our discretion, or that of the relevant External Service Provider. We reserve the right to grant or refuse refunds
We do not offer refunds for change of mind. If you voluntarily decide to withdraw or cancel the Services at any time or for any reason, you still will remain fully responsible for the full cost of the Services, as per the terms of the Booking Agreement.
We note that our Services (including, but not limited to, the information provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. We may offer refunds or compensation, where options to replace, resupply or re-schedule the Services have been exhausted or (where applicable) in circumstances where there has been a for a major failure, where the Services fail to be of acceptable quality, and in exceptional cases, such as injury, illness, death or force majeure.
You acknowledge that it is your responsibility to obtain and maintain a valid passport, any valid visas, permits or certificates, including vaccination certificates, pursuant to the regulations of the country or region you are travelling to. You further acknowledge that it is your responsibility to ascertain any requirements for such matters and to ensure that those requirements are satisfied.
You agree you will provide us with a valid copy of your passport and any other travel documents as requested by us, or applicable to your booking.
Whilst we will endeavour to notify you of any changes to matters regarding travel documents, however you acknowledge that we have no legal responsibility to do so.
We strongly recommend you have cover against personal accident, death, medical expenses, emergency repatriation, cancellations, curtailment, personal liability and loss of luggage and personal effects. However, you are responsible to ensure you have, and maintain the appropriate travel insurance, in accordance with your travel arrangements.
You acknowledge some External Service Providers require travel insurance as a mandatory condition to booking and that failure to provide such documents, may result in refusal of access or participation in some activities. You agree the Company or External Service Provider shall be at liberty to request a copy of a policy or certificate of insurance at any time, if required and that if you obtain travel Insurance through us you, you are satisfied with the level of insurance we have arranged.
You warrant that you have disclosed or will disclose to us prior to or at the time of the booking any adverse medical conditions which you have or have had, that may impact your ability to travel, or safely participate in high impact adventure sports such as surfing. You acknowledge that such disclosure is relevant to our willingness to accept your booking and may affect any recommendations we may give to you in relation to your proposed travel itinerary.
You acknowledge it is your responsibility to seek medical and other professional advice in relation to your travel plans, activities you wish to participate in, or the destination you are travelling to. You agree we will not be liable for any decisions you make, professional advice relied on, or consequences thereof.
13.2 Assumption of Risk
You acknowledge you are aware of the inherent dangers associated with adventure travel and/or surfing including but not limited to transit or transport, small boat or vessel related activities, boarding tenders in-water and other water related activities, accidents on land, water or in the air, illness or injury in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance; random acts of God, or forces of nature, contamination of air, food and/or water, climactic conditions including, large swells, lightening, storms, tempests, typhoons, hurricanes, tornadoes, tsunamis, twisters and/or sub-surface volcanic activity, exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia, heat exhaustion, sunburn, dehydration; accidental drowning, swimming alone or unsupervised, exposure to nature, insect bites, and hazardous plant or marine life, local laws, social or political unrest, acts of terrorism or war, mechanical, construction or failures of infrastructure, whether foreseen or unforeseen. You expressly assume, without any limitation, full responsibility for any and all risks and agree to release and hold us harmless our employees, owners, affiliates, agents, officers, directors, from any and all liability for injury, death, property loss and damage which results from any or all of the above risks.
13.3 Travel Advisory
You acknowledge it is your responsibility to remain informed about any travel advisory or warnings issued by any government departments in relation to a destination you are travelling to. If a travel warning has been issued, then you may at your discretion, chose to cancel or proceed with the booking. If you decide to proceed with the booking, you acknowledge and agree that you are doing so at your own risk, and we will not be liable for any decisions you make, or consequences thereof. If you cancel the booking, you acknowledge and agree any entitlements to refunds or compensation will be subject to the terms and conditions of the Booking Agreement.
All rights, title and interest, including, without limitation, Intellectual Property Rights, in the Services and the Website are the property of the Company. These Terms and Conditions do not transfer any Intellectual Property Rights from us to you or any third parties.
Subject to these Terms and Conditions, we grant you a personal, limited, non-exclusive, revocable, non-transferable, non-sub-licensable license to use view, print, download and install a copy of the products, materials and content for the purpose of the Services, solely for your own personal, non-commercial use.
For details on copyright protections, please see our Copyright Policy, which forms part of these Terms and Conditions.
The Company is responsible for the support and maintenance of its Services and Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may also make changes to the Website or Services provided through the Website. Access to the Website depends on telecommunications, service providers and other external factors, we therefore cannot guarantee the availability of the Website all times or at any specific times.
We, at our sole and absolute discretion, may suspend or terminate your access or future access to the Website or Services effective immediately, with no liability to you or any third party for the following reasons:
(a) Where you are in breach of any of these Terms and Conditions or any related policies;
(b) Where at any time you have committed any act of wilful or serious misconduct;
(c) Where you have created a risk or possible exposure for us;
(d) Where there are unexpected technical issues or problems;
(e) At the request of a law enforcement or government authority; or
(f) Upon a request by you.
The Company will not be held liable for acts or omission of third parties or External Service Providers, or claims in relation to any loss, injury or damage suffered in connection with any third parties or External Service Providers.
To the maximum extent permitted by law, our total liability in respect of all claims in connection with this Agreement (whether based in negligence, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued. The limitation of liability set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
By using the Website and Services, you agree, to the maximum extent permitted by law, to indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims for death, injury, losses, expenses, costs or damage suffered by you, arising out of your breach of this agreement, your misuse of the services, or any action taken by us as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.
To the maximum extent permitted by law, you agree that you shall not sue or recover any damages from us, our directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of our reasonable conclusion that a violation of the Terms and Conditions has occurred. This waiver and indemnity provision applies to all violations described in, or contemplated by the Terms and Conditions.
21.1 Entire Agreement
The Terms and Conditions (and all related documents, policies and legal notices) constitute the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with that subject matter.
No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign such a document.
If part, or all, of any provision of the Terms and Conditions is found to be illegal or unenforceable, such provision (or part of it) may be severed from this agreement and the remaining provisions of this agreement continue in force.
The failure of a party at any time to require performance of any obligation under the Terms and Conditions is not a waiver of that party’s right:
(a) to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.
A waiver will not be effective or enforceable against the party purporting to give it, unless such waiver is in writing signed by that party.
21.5 Relationship of the Parties
All External Service Providers operate independently from us. Nothing in the Terms and Conditions implies a partnership, joint venture or relationship of agency.
Neither You, nor any External Service Providers have the authority to enter into any legal obligation on our behalf.
You acknowledge any agreement you enter into with an External Service provider is between you and that provider. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any External Service Providers, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
21.6 Governing law
The laws of New South Wales govern this Agreement. The parties submit, irrevocably and unconditionally, to the non-exclusive jurisdiction of the courts of New South Wales.