The Working Holiday Club Pty Ltd ACN 158 198 059 (‘TWHC ’; ‘we’)
By using this website and/or purchasing services from TWHC , you as the customer (‘you’; ‘Customer’) hereby acknowledge that you are entering into a binding contract with TWHC and agree to be legally bound by the following terms and conditions:
1. Definitions
Agreement means this ‘agreement’ and any changes agreed to by the parties in writing;
Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth);
Business Day means any day other than a Saturday, Sunday or public holiday in the Gold Coast, Queensland;
Conditions mean these purchase agreement terms and conditions;
Consequential Loss means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise;
Customer means the party entering into this Agreement with TWHC ;
Insolvency Event means, for the Customer, as applicable, being in liquidation or provisional liquidation, bankruptcy or under administration, having a controller (as defined in the Corporations Act 2001 (Cth)) (‘Corporations Act’) or analogous person appointed to the Customer or any of the Customer’s property, being taken under section 459F(1) of the Corporations Act to have failed to comply with a statutory demand, being unable to pay the Customer’s debts as and when they fall due, dying, ceasing to be of full legal capacity or otherwise becoming incapable of managing the Customer’s own affairs for any reason, taking any step that could result in the Company becoming an insolvent under administration (as defined in section 9 of the Corporations Act), entering into a compromise or arrangement with, or assignment for the benefit of, any of the Customer’s members or creditors, or any analogous event;
Loss means any expense, cost or damage of any kind and includes Consequential Loss and a fine or penalty imposed by a statutory or other authority;
Services means any services provided by TWHC including, but not limited to, the travel organisation and cultural services;
You means the Customer;
We means TWHC ; and
TWHC means The Working Holiday Club Pty Ltd ACN 158 198 059 of 153 Werin Street, Tewantin in the State of Queensland.
2. Interpretation
(a) Singular words include the plural and vice versa. A mention of anything after include, includes or including, does not limit what else might be included.
(b) These Conditions regulate key trading terms including the granting, and extension of, credit in connection with the supply of Services by TWHC to the Customer.
3. International Customer Care Hotline Information
(a) TWHC has established an international special customer care hotline telephone 1300 295 579 or +61 421 679 978. If you have a question or problem concerning your purchase, this agreement or require any assistance or advice while overseas, you are urged to contact us.
4. Payment
(a) Unless otherwise agreed with TWHC in writing, payment in full for the Services shall be made on or prior to delivery in accordance with the terms of this Agreement.
(b) At the time of booking with TWHC , a non-refundable fee of up to AUD $399.00 (‘Deposit’) must be paid by the Customer.
(c) TWHC may reject any application made by a Customer at its sole direction where the Customer does not meet its eligible criteria or for any other reasons it deems suitable.
5. Customer obligations
(a) These Conditions apply where TWHC accepts any order for Services or both from the Customer.
(b) If the Customer fails to comply with any of the terms of these Conditions or in respect of any obligation to pay money to TWHC when due, suffers an Insolvency Event or makes any misrepresentation to TWHC , TWHC may terminate this Agreement by notice to writing to the Customer and retain any Deposit paid thereunder.
(c) The Customer agrees that it must pay, without any deduction or setoff, the price charged by TWHC for the Services supplied to the Customer on at least ninety (90) days prior the Customer’s scheduled date of departure, failing which TWHC may terminate this Agreement and retain any Deposit paid thereunder.
6. Availability
(a) Acceptance of bookings are subject to the availability of the Services.
7. Delivery
(a) Although TWHC will use all reasonable efforts to meet its forecasts for delivery of the Services, such forecasts are estimates only.
8. Exclusion of implied terms
(a) The Customer may have the benefit of consumer guarantees under the Australian Consumer Law. Otherwise, to the maximum extent permitted by law, all terms, conditions or warranties that would be implied into this Agreement or in connection with the supply of any Services by TWHC under law or statute or custom or international convention are expressly excluded.
9. Not an Employment Agency
(a) TWHC provide travel agent and cultural exchange services only in your destination country. It is not an employment agency nor is it a recruitment agency and whilst we may introduce you to prospective employers, we do so in order to give you options as to how to fund your overseas trip and we do not guarantee an offer of employment.
(b) Introductions to employers which may help you fund your trip are made free of charge and no component of your fee is allocated towards this part of your travel and cultural package.
(c) Applicants who are unsuccessful in securing a job offer are not eligible for any partial refund on the basis that this service is provided free of charge and no part of your agreed fee with TWHC is allotted to this service.
10. Limitation of liability & Indemnity
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- To the maximum extent permitted by law, TWHC ’s total liability arising out of or in connection with its performance of its obligations pursuant to this Agreement, or arising out of or in connection with the supply of specific Goods or Services including pursuant to or for breach of this Agreement or repudiation thereof, under statute, in equity or for tort, including negligent acts or omissions) is limited as follows:
(i) TWHC shall have no liability to the Customer for any Consequential Loss; and
(ii) TWHC ’s total aggregate liability for Loss, however arising, shall not exceed the GST exclusive aggregate price paid by the Customer to TWHC for the specific Services that gave rise to the Loss in question. The limitations and exclusions in this sub-clause do not apply to the extent that any Loss is directly attributable to:
(A) the personal injury or death caused by TWHC ’s default, breach of this Agreement or negligence; or
(B) fraud by TWHC - Each party must take reasonable steps to mitigate any Loss it suffers or incurs.
- To the extent that Services supplied by TWHC are services of a kind ordinarily acquired for personal, domestic or household use or consumption, TWHC ’s liability for failure to comply with a consumer guarantee that the Customer may have the benefit of is limited to, at the option of TWHC :
(i) the supply of the Services again; or
(ii) the payment of the cost of having the Services supplied again. - You acknowledge and agree that, upon booking through TWHC , you may release TWHC from any liability with respect to any injuries, loss or damages which may be sustained by the you in the course of undertaking any overseas travel, whether dangerous, hazardous or otherwise.
- To the maximum extent permitted by law, TWHC ’s total liability arising out of or in connection with its performance of its obligations pursuant to this Agreement, or arising out of or in connection with the supply of specific Goods or Services including pursuant to or for breach of this Agreement or repudiation thereof, under statute, in equity or for tort, including negligent acts or omissions) is limited as follows:
e. The Customer unconditionally agrees to fully indemnify TWHC and all its servants, agents, clients and employees against any injury, damage or accident that may be sustained by the Customer, whilst participating in travel and/or associated activities booked through TWHC or the entities and groups who offer various services to TWHC.
f. The Customer warrants that he/she does not suffer from any medical condition and/or incapacity which may impair the Customer’s ability to participate in TWHC ’s travel and associated activities and further, that the Customer does not suffer from any heart condition, epilepsy or other medical condition which may result in the Customer potentially placing himself/herself in a position of risk, by undertaking travel or other actives booked through TWHC .
g. The Customer acknowledges and agrees that he/she is responsible for ensuring passport validity throughout the period of travel and agrees that TWHC is not responsible for monitoring the Customer’s visa validity period.
h. The Customer must conduct themselves in a respectable manner whilst participating in any programme provided by TWHC . TWHC reserves the right to terminate the Services where in its opinion, or in the opinion of its servant, agent, client or employee, the Customer is exhibiting behavior that is likely to cause or is causing disruption, danger or any other injurious interference, including damage to property. If such termination arises, the Customer must vacate the programme and leave any accommodation or other Service immediately. TWHC ’s liability to the Customer will cease upon termination and TWHC will have no further obligation to the Customer.
12. Insurance
(a) The Customer must take out a comprehensive insurance policy to protect him/herself from risks associated with travelling.
(b) The Customer must be satisfied that the insurance is sufficient to cover risks, including health care, personal property, travel protection etc. It is essential that the Customer understands the insurance policy and is aware of the inclusions and exclusions.
(c) TWHC will not be liable for any loss or damage that the Customer incurs in the event that the insurance does not provide any or satisfactory cover.
(d) The Customer acknowledges and accepts that TWHC will not provide a refund for any insurance product purchased by the Customer.
13. Risk
(a) If you choose to use TWHC ’s Services, you do so at your own risk. You acknowledge and accept that there is a degree of inherent danger and risk associated with travelling and/or participating in TWHC ’s activities, including illness, injury or death, loss, theft or damage of property, transportation incidents or delays, difficulties receiving quality medical treatment or access to medical facilities in certain locations. You should understand the potential hazards of your chosen destination and ensure that your insurance cover(s) is appropriate to mitigate potential risks. TWHC is not liable for your loss, damage, suffering, injury, death, or expense associated with any Services provided.
(b) TWHC is not liable for any unavoidable or exceptional circumstances, events or actions, including failures of third-party providers.
14. Early departure
(a) If the Customer is required to depart the programme prematurely, TWHC will not provide a refund for any unused Services and will not be liable for any compensation or other expense that the Customer may incur by consequence of ending the trip early.
15. Change of Services
(a) Following confirmation of a booking, if the Customer wishes to change the booking the Customer must notify TWHC as soon as possible in writing. TWHC does not guarantee that any variation to the booking will be approved after confirmation has been issued.
(b) If TWHC agrees to meet the Customer’s request, all changes will be conditional upon the Customer providing payment for any applicable price adjustment or supplementary costs incurred by TWHC or any other supplier. If TWHC cannot agree to the variation and the Customer is unwilling to proceed with the original booking, this will constitute a termination by the Customer.
16. Refunds
(a) TWHC does not provide refunds of any amount paid under this Agreement due to a change of mind or incorrect choice by the Customer.
17. Intellectual Property
(a) TWHC owns all rights to images provided under this Agreement, including copyright, which may be used for promotional purposes.
18. Dealings with Related Parties
(a) The Customer acknowledges that TWHC may collect personal information that is necessary to the provision of the Services.
The Customer consents to TWHC disclosing his or her personal information to its servants and agents in the course of providing the Services.
19. GST
(a) If TWHC has any liability to pay Goods and Services Tax (GST) on the supply of any Goods or Services to the Customer, the Customer must pay to TWHC an amount equivalent to the GST liability of TWHC at the same time as the consideration is paid for the Goods or Services (unless the consideration for that supply is expressed specifically to be GST inclusive).
20. Miscellaneous
(a) The person signing this Agreement on behalf of the Customer does so for and on behalf of the Customer and hereby covenants with TWHC that he or she has the authority of the Customer to make this Agreement on the Customer’s behalf and is empowered by the Customer to bind the Customer to this Agreement and hereby indemnifies TWHC against all losses, costs and claims incurred by TWHC arising out of the person so signing this Agreement not in fact having such power and/or authority.
(b) If any of the terms and conditions of this Agreement are found to be void, voidable or unenforceable, then that part of this Agreement shall be severed from, and will not affect or derogate from, the validity and enforceability of the remaining provisions of, this Agreement.
(c) No amendment or variation of this Agreement is valid or binding on a party unless made in writing and executed by the parties.
(d) This Agreement and all aspects of our engagement and our performance of the Services are governed by and constructed in accordance with, the laws applicable in the state of Queensland. Both you and we agree to irrevocably submit any disputes arising under this agreement to the exclusive jurisdiction of the Courts of that State.
(e) This Agreement contains the entire agreement between the parties and supersedes any and all prior agreement or negotiations between the parties. No other terms and conditions shall be binding upon TWHC unless agreed to in writing by TWHC after the date of this Agreement.
21. Termination by Customer
(a) The Customer may terminate this Agreement by notice in writing to TWHC at any time prior to delivery of the provision of the Services, whichever is the earlier.
22. Termination by TWHC
(a) TWHC may terminate this Agreement by notice in writing to the Customer if:
(i) the Customer breaches a term of this Agreement;
(ii) TWHC ceases trading; or
(iii) the Services are no longer available.
23. Force Majeure
THE WORKING HOLIDAY CLUB™ and its affiliates shall not be responsible for or deemed to be in default by reason of delays in or failure to provide programs due to causes beyond its reasonable control and not being limited to civil war, war between nations, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents, any act of government, governmental priorities, allocations, regulations, or orders affecting materials or facilities, acts of God or the public enemy, failure of transportation, epidemics, or quarantine restrictions.
For the avoidance of doubt, TWHC emphasise that it is not an employment or recruitment agency. THWC is committed to providing its customers with an authentic, life changing and stress-free travel experience to select countries. Throughout the travel exchange, there may be the opportunity to gain employment with some of our partnered companies. Nevertheless, our service fees are for the arrangement and organisation of your travel and for the provision of local services in select countries, and is not in exchange for an employment position.
