WILD NATURE PHOTO TRAVEL

WILD NATURE PHOTO TRAVEL TERMS AND CONDITIONS

Thank you for visiting our website https://jholko.com (“Website”). This Website is owned and operated by Wild Nature Photo Travel Pty Ltd (ABN 43 106 345 279), trading as Joshua Holko Photography (“WNPT”). By accessing and/or using this Website and related services, you agree to these Terms and Conditions (“Terms”). In these Terms, 'us', 'we' and 'our' means WNPT and our related bodies corporate.

1. Photography Expeditions / Workshops and Scouting Trips

This Photography Expedition / Workshop / Scouting trip (“Workshop”) is organized and run by WNPT. You accept the Terms by clicking to accept (if applicable) or making a payment where this option is made available to you. WNPT has the right to modify the policies, conditions, payments, commissions and these Terms. On payment of the initial deposit to WNPT, the participant acknowledges that it has read and understands the Terms and agrees to be bound by them.

2. Accuracy, completeness and timeliness of information

The information on our Website is not intended to provide a comprehensive summary of the Workshop. Third parties may be permitted to post content on our Website. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information. You should monitor any changes to the information contained on this Website.

We may, from time to time and without notice, change or add to the Workshop, the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date. You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the services which originated through the Website.

3. Registration

You will be required to register an account (the “Account”) before you can participate in a Workshop. An account holder warrants that any information provided in the course of completing the registration process will always be accurate, correct and up to date. To create an Account, you must:

(a) agree to these Terms.

(b) be at least 18 years old;

(c) possess the legal right and ability to enter into a legally binding agreement;

(d) have the authority to represent a third party (if applicable) and bind the third party to the Terms; and

(e) pay the non-refundable initial deposit.

Once you have registered, you have entered into a binding agreement with us.

4. Payments

(a) Where the option is given to you, you may make payment for the full cost of the Workshop (the “Service Fee”) by way of a third-party credit card electronic payment system embedded in the Website, by Direct Deposit / Wire Transfer on invoice or Credit Card (Visa / Mastercard or American Express). Please note that credit card payments attract a 3% surcharge.

(b) In using the Website or when making any payment for the Workshop, you warrant that you have read, understood and agree to be bound by the third party’s terms and conditions which are available on their website (if applicable).

(c) You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including bank fees and charges, associated with the Service Fee.

(d) You must pay a non-refundable initial deposit upon registering for the Workshop to secure your place in the Workshop.

(e) You must pay the balance of the Service Fee within 120 days of the commencement date of the Workshop. Failure to pay the balance by this deadline may result in the forfeiture of the deposit and your place in the Workshop.

(f) The entire Service Fee must be paid within 120 days of the commencement date of the Workshop.

(g) Upon receipt of the deposit and balance payments, participants will receive a confirmation email from WNPT.

(h) If the full payment is not received by the due date, interest will be charged on the outstanding balance at a rate of 10% per annum, calculated daily from the due date until the payment is made in full.

(i) Participants will be notified in writing of any overdue payments and the applicable interest charges. It is the participant's responsibility to ensure that payments are made on time to avoid additional charges.

(j) In the event that the Service Fee is not received and debt recovery actions are necessary, the participant will be responsible for covering all reasonable costs associated with recovering the outstanding payment. This includes, but is not limited to legal fees, collection agency fees and any other related expenses.

5. Refunds

(a) If you are prevented from travelling and participating in the Workshop, you must immediately notify WNPT in writing.

(b) If you cancel your registration more than 6 months prior to the commencement date of the Workshop, you are eligible for a full refund of any payments made, minus the non-refundable initial deposit. The non-refundable initial deposit covers the costs associated with processing the registration and cancellation.

(c) If you cancel your registration less than 6 months prior to the commencement date of the Workshop, you will not be entitled to any refund. This policy is due to the commitment of resources and arrangements made in advance, which cannot be recovered.

(d) If you cancel your registration less than 6 months prior to the commencement date of the Workshop for any reason, you must pay WNPT the full amount of the Service Fee, and no refund will be provided.

(e) Once a Workshop has commenced, no refunds will be issued. This policy applies to all participants, regardless of the reason for non-completion or withdrawal from the Workshop.

(f) The pricing for our Workshops is determined based on group participation. As such, no refunds will be provided for any portions of the Workshop that you do not to attend or participate in.

(g) Participants who do not complete the Workshop, or who withdraw prematurely, will not be eligible for a refund under any circumstances.

6. Trip Cancellation and Interruption Insurance

(a) You must obtain trip cancellation, interruption, and evacuation insurance to cover any emergencies that may require cancelling or leaving a Workshop before it starts or while it is in progress.

(b) You must provide proof of this insurance to WNPT prior to the commencement of the Workshop.

(c) WNPT highly recommends Global Rescue for comprehensive evacuation and medical insurance coverage.

(d) If a participant in a WNPT Workshop fails to provide proof of trip cancellation, interruption, and evacuation insurance before the Workshop begins, several potential consequences could arise:

(i) The participant may be denied the opportunity to join the Workshop. This is because the requirement to provide proof of insurance is likely a condition of participation, ensuring that all participants are adequately covered in case of emergencies.

(ii) Without the required insurance, the participant may be personally liable for any costs incurred due to trip cancellation, interruption, or evacuation. This could include medical expenses, additional travel costs, or other unforeseen expenses.

(iii) Failing to provide proof of insurance will constitute a breach of the Terms upon when booking the Workshop. This could result in forfeiture of any Service Fees paid and potential exclusion from future events.

7. Medical Information

(a) You must disclose any medical conditions, mental health conditions, disabilities, allergies, or dietary restrictions that may affect your ability to safely participate in the Workshop. This information must be provided to us at the time of booking.

(b) We can counsel you on whether the Workshop you have selected is appropriate for you.

(c) By paying any part of the Service Fee for the Workshop, you certify that you are physically and mentally fit to participate in the activities planned. It is your responsibility to ensure that your health condition is suitable for the Workshop.

(d) The tour leader reserves the right to disqualify any participant from the expedition if, in their opinion, the participant's health condition poses a risk to themself or others. This decision is made at the sole discretion of the tour leader and is final. No refunds will be provided in such cases.

(e) Participants are responsible for managing their own health and ensuring they have adequate medical insurance to cover any potential health issues that may arise during the expedition.

(f) We will keep all information exchanged during the Workshop in strict confidentiality. We will not disclose your medical information to anyone without reason to know such information, except as when required by law or upon written authorisation by you.

8. Itinerary Changes

(a) WNPT reserves the right to alter the date of the Workshop, itinerary, or accommodations of a Workshop as necessary due to unforeseen circumstances. These circumstances may include, but are not limited to, adverse weather conditions, political instability, natural disasters, or other factors beyond our control without consulting the participants.

(b) Participants will be informed in writing of any significant changes to the Workshop schedule or arrangements as soon as practicable. WNPT will endeavour to provide as much notice as possible, although some changes may need to be made at short notice.

(c) All decisions regarding changes to the Workshop will be made with the safety and best interests of the participants as the primary consideration. WNPT will strive to ensure that any modifications maintain the quality and integrity of the Workshop experience.

(d) Participants acknowledge that no refunds or compensation will be provided for changes to the Workshop itinerary, dates, or accommodations due to circumstances beyond WNPT's control. This includes, but is not limited to, changes necessitated by weather, political conditions, or other uncontrollable factors.

(e) If a Workshop is delayed or the itinerary is altered due to uncontrollable factors such as bad weather, road conditions, transportation delays, government intervention, illness, volcanic eruptions, or other contingencies, any additional costs incurred as a result of these changes are not included in the original Workshop price and will be the responsibility of the participant.

(f) By participating in the Workshop, the participant understands that such changes are a possibility when travelling to remote or unpredictable locations.

(g) WNPT reserves the right to completely cancel a Workshop prior to departure for any reason, including but not limited to insufficient participant numbers, logistical challenges, strikes, wars, acts of God, or volcanic eruptions. In the event of such a cancellation, all payments made for the Workshop will be fully refunded to participants. However, WNPT will not be liable for any additional expenses incurred by participants in preparation for the trip including but is not limited to non-refundable airline tickets, special clothing, visa or passport fees, or any other related expenses.

9. Limitation of Liability and Disclaimers

(a) Limitation of Liability: WNPT, its owners, agents, contractors and employees assume no responsibility for any injury, loss, or damage to person or property in connection with any service resulting directly or indirectly from acts of God, detention, annoyance, delays, expenses arising from quarantine, strikes, thefts, pilferage, force majeure, failure to arrive or depart as scheduled, civil disturbances, terrorism, government restrictions or regulations, and discrepancies or changes in transit or hotel services over which it has no control.

(b) Itinerary Changes: We reserve the right to make reasonable changes to the itinerary where deemed advisable for the comfort and well-being of the participants. Such changes may include alterations to the schedule, accommodations, or activities, and will be communicated to participants as soon as practicable.

(c) Medical Costs: In the event of a medical problem arising during the trip, which results in costs for evacuation, use of aircraft, or repatriation, the responsibility for payment of these costs belongs solely to the participant. Participants are advised to ensure they have adequate travel insurance to cover such eventualities.

(d) No Warranties: To the maximum extent permitted by law, including the Australian Consumer Law (ACL), we make no warranties or representations about the Workshop, including but not limited to warranties or representations that they will be complete, accurate, or up-to-date or that the Workshop will be safe.

(e) Third-Party Services: You acknowledge that some of the services are provided by third parties. We can make no guarantee in relation to the third parties and hold no liability to you as a result of any conduct of the contractors or agents or the misuse by any party. Participants should direct any issues arising from third-party services to the respective service provider.

(f) Health Responsibility: You acknowledge that you take full responsibility for your health and well-being before, during, and after the trip. It is your responsibility to ensure that you are medically fit to travel and participate in the activities planned.

(g) Assumption of Risk: In registering for a trip, you agree that WNPT shall not be held responsible for any damage, loss, or delay. You agree to assume all risks associated with the trip and agree that no liability will be attached to WNPT for any personal injury, illness, delay, loss, or damages to property or health.

(h) Limitation of Remedies: Subject to those rights that cannot be excluded under the ACL, our liability (and any third-party supplier's liability) for a breach of a non-excludable condition or warranty is limited, at our option, to the supply of equivalent services; the payment of the cost of replacing the services or of acquiring equivalent services.

(i) Exclusion of Indirect Loss: In no circumstances are we liable for any special, indirect, or consequential loss, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

(j) Force Majeure: We shall not be liable for any loss caused by any failure to observe the Terms, where such failure is occasioned by causes beyond our reasonable control, including but not limited to natural disasters, war, strikes, or government actions.

11. Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with the Workshop or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms. You agree to release, indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with: (i) your use of the services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party.

12. Collection Notice

We collect personal information about you in order to respond to your enquiry or provide you with further information. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of ourservices to you. We may also disclose your personal information to recipients that are located outside of Australia. If you would like any further information about our privacy policies or practices, please contact us at admin@wildnaturephototravel.com.

13. Changes to the Terms

Please be aware that we may modify these Terms at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our Website. WNPT reserves the right to adjust the price of the Workshop in the event of cost increases arising from changes in transport costs, taxes, customs duties, or other applicable fees, as well as fluctuations in exchange rates. Participants will be notified in writing of any such price modifications prior to the commencement of the Workshop.

14. Jurisdiction and governing law

These Terms are governed by the law of Victoria, Australia, and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.