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The following terms and conditions constitute the agreement between HP (Hens in Paradise) and the Client.
1.0 General
1.1 These Terms and Conditions of booking set out our obligations to your commitments to us when you book Arrangements with us. These obligations, combined with the information contained in the Booking Confirmation, are the basis of our contract with you. It is important that you read through the Terms and Conditions before you book. It is important to understand that these Terms and Conditions apply for all Bookings with us whether you have chosen to read them or not, and they are applicable to all the members of your group.
2.0 Definition and Interpretation
“Arrangements” means the accommodation, party tour, meals, services, facilities and Arrangements (or any single one of them), as applicable, that is booked through us in accordance with this agreement or any other agreement between you and us.
“Arrangements Commencement Date” means the date in which the tour, event or other Arrangement occurs as particularised in the Booking Confirmation.
“Adult Entertainment” means Arrangements that involve attendance by persons over the age of 18 including but not limited to events involving strippers, topless waitresses, jelly wrestling and other adult themed activities.
“Booking” means the Arrangement you made with us as detailed within your Booking Form and Booking Confirmation.
“Booking Form” means the form provided by us to you which provides the details of your Booking with us.
“Booking Confirmation” means confirmation In Writing from us to you regarding your Booking with us.
“Final Payment Date” means the final date in which all outstanding monies for the Booking is to be paid as particularised in the Booking Confirmation.
“In Writing” means by facsimile, email and/or letter.
“Organiser” or “Group Leader” means the person who makes the Booking on behalf of the entity named on the Booking Confirmation and who will be our point of contact (and any substitute for this person).
“Third Party Supplier” means independent contractors/suppliers engaged to complete the Arrangement activities as part of the Booking.
“We” “us” and “our” means Hens in Paradise (ABN 77599271392). It also includes reference to our employees, agents, affiliates and related third parties.
“You” “Your” or “Party” means the entity named on the booking form.
3.0 Booking Conditions
3.1 To book a tour or an event with us you must place a booking fee as specified by your event consultant. By placing this booking fee, you confirm the accuracy of all information you have provided on the Booking Form and you accept these Terms and Conditions on behalf of yourself and the members of your group.
3.2 The Agreement between yourself and us only comes into existence once your Booking Form has been received by us and the Booking has been formally acknowledged by us in writing via email, letter or fax.
3.3 The Terms and Conditions constitute the entire Agreement between you and us. It must be understood that if you make a Booking via telephone or email, you accept our booking Terms and Conditions.
3.4 You must be over the age of 18 to make a Booking with us. You warrant that you are over 18 years of age and have sufficient government issued identification which does not falsely represent your age. The only ID’s valid are current: Australian Drivers License, Australian over 18+ card, international passport or international drivers license in complete English. Unless you advise us of the contrary, we will assume that every member of your group is over 18 years of age. Proof of age must be provided upon request.
3.5 When making a Booking you must appoint an Organiser or a Group Leader. You accept that the Organiser or Group Leader has the authority to deal with us on your behalf.
3.6 If for any reason there is a change in the Organiser or Group Leader, you should notify us in writing immediately.
3.7 You must check all documents (including any tickets or vouchers) that we send to you and contact us at once if any information on the Booking Confirmation or any other document appears to be inaccurate, incorrect or incomplete.
3.8 Some Third Party Suppliers will require a credit card and a security bond to be held until after the event. This information will be provided within your program confirmation document. Hens in Paradise will pass the credit card information onto these Third Party Suppliers for you. Hens in Paradise takes no responsibility if you are charged any amount due to damage, excessive mess or anything deems chargeable by the Third Party Supplier.
4.0 No Agent
4.1 We are an independent company that makes Arrangements with Third Party Suppliers for events and tours. We are not agents or representatives of any Third Party Suppliers used for the Arrangements and we accept no liability for any warranties provided by any Third Party Suppliers or other third parties.
4.2 You acknowledge that we are event planners and independent to that of the Third Party Suppliers used for the Arrangements.
4.3 We have no control over location of rooms booked within the same hotel. We do request close proximity at the time of booking. Our Third Party Hotels do their best to accommodate this request, however it can not be guaranteed.
5.0 Amendments to Terms
5.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on our website and to you In Writing. Your continuation with the Booking will represent an Agreement by you to be bound by the Terms and Conditions as amended.
6.0 Payments to Us
6.1 The Organiser or Group Leader is responsible for the Booking and for ensuring that all monies payable for a Booking are collected and paid for in time by all members of the group by the Final Payment Date.
6.2 The Organiser or Group Leader is responsible for ensuring that everyone within the group is aware of the Terms and Conditions and that they are provided with a copy of the Terms and Conditions.
6.3 The Group Leader assumes all responsibility to settle the balance of the invoice for a confirmed Booking before the Final Payment Date.
6.4 An initial booking fee of 30% or another agreed amount is payable upon making your Booking Confirmation and activities will not be confirmed until the booking fee has been received. The booking fee is for services rendered in taking the Booking and no refunds will be offered if you change your mind. The booking fee is non-transferable, however we will try to accommodate transfer requests at our sole discretion.
6.5 The final balance for the Arrangements must be settled four (4) weeks (1 full calendar month) prior to the Arrangements Commencement Date unless otherwise specified In Writing by us. The Organiser or Group Leader can elect to pay the amount of the whole group at any stage prior to the Final Payment Date.
6.6 Any Booking made within four (4) weeks (1 full calendar month) of the Arrangements Commencement Date will require full payment unless otherwise agreed to In Writing by us.
6.7 No documents or tickets relevant to the Booking will be dispatched until the Booking has been fully paid.
6.8 Your Booking may be cancelled if full payment is not received by the due date and any booking fees paid will be forfeited and deemed as payment for the services rendered in taking the Booking and making the Arrangements.
6.9 Some events have a minimum group size and this will be reflected in the cost of your package should your group fall below these numbers. When paying online, individuals in the group agree to our Terms and Conditions and our charges as displayed and confirmed at the time of Booking (subject to any alterations to the booking as set out in these Terms and Conditions).
6.10 Some suppliers require a credit card to be held and or a security deposit held until after the event. This will be outlined at the time of book booking or shortly thereafter.
7.0 Changes By You
7.1 All changes must be requested In Writing by the Organiser or Group Leader. We will make every effort to accommodate your changes but we may not always be able to do so. If you make any changes directly with the supplier and this incurs charges to us, then you agree to pay our reasonable costs, within seven (7) days of being notified by us In Writing.
7.2 We will assume that after the final payment has been made, the group size is confirmed. The Organiser or Group Leader is responsible for ensuring that the group members settle their final balance by the Final Payment Date. We will endeavour to assist the Organiser or Group Leader by providing them with any relevant information that we may possess and deem to be helpful.
7.3 Adding additional group members after the Final Payment Date may incur charges. The addition of group members is subject to availability. Please be aware that we will make every effort to accommodate your request.
7.4 In order to change a departure date, activity or destination with us, you understand that you will incur a $25.00 AUD charge. The change that you require cannot be guaranteed and is subject to availability.
8.0 Changes By Us
8.1 If we have to make a significant change to your Arrangements at any time we will inform you as soon as possible.
8.2 We reserve the right at any time to cancel or change any Arrangements made, and to substitute alternative Arrangements, without accepting liability. Should suitable and equivalent alternative Arrangements be made at a reduced cost, the difference will be refunded to the Organiser or Group Leader. Should the alternative Arrangements attract an increased cost, the increase must be met by the group.
8.3 If you are unsatisfied with the alternative Arrangements referred to in clause 8.2 (above) you must advise us In Writing within seven (7) days of being notified of the alternate Arrangements. If the parties are unable agree upon the alternate Arrangements, then a full refund will be provided.
8.4 We reserve the right to cancel any Arrangement, itinerary or tour (before the commencement date of the Arrangement), due to force of nature, health concerns or any other reason outside of our control that we, in our absolute discretion, may determine. Force of nature events include (but are not limited to) war or threat of war, riot, civil strife or unrest, act of god, strikes, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or transport by airline or road traffic conditions, pandemic, or any other event that is beyond the reasonable control of us.
9.0 Cancellation
9.1 The cancellation of a Booking can only be accepted if made In Writing by the Organiser or Group Leader and will only be considered to be cancelled when a written notice is received by us.
9.2 The following cancellation charges apply:
(a) 1 full calendar month or 30 days or less prior to Arrangement Commencement Date = loss of all monies paid.
(b) 1 full calendar month or 30 days or more to Arrangement Commencement Date = 50% of total monies outstanding.
9.3 If any of your group members change their mind, decide not to attend/are unable to attend or are required to depart early from the Arrangements, no refund will be provided.
10.0 The Weather
10.1 Should you be unable to take part in weather dependant activities due to poor outdoor conditions, you will be entitled to change the Arrangement date without paying normal charges. Some suppliers may allow you to cancel where others will only allow date postponement. This is depended on each supplier and Hens in Paradise take no responsibility for this.
10.2 We reserve the right to find alternative activities or Arrangements resulting from cancellation due to poor weather conditions but additional charges may be incurred.
10.3 Some Suppliers have their own wet weather terms and conditions. This will be sent through to you at the time of booking and will stand even if different to the above.
11.0 Liability
11.1 You agree to observe and obey all rules and warnings provided, and further agree to follow any oral instructions or directions given by us our employees and/or agents.
11.2 You acknowledge that there may be some inherent risk associated with the Arrangements. You assume full responsibility for personal injury to yourself, injuries to others and further release and discharge us from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which you may have or for this document would, could or might at any future time have or have had against us in respect of or arising out of either directly or indirectly the services we provide.
11.3 You agree to pay for all damages caused to any Third Party Supplier facilities visited as part of the Arrangements caused by your neglect, reckless or wilful actions.
11.4 You agree to and hereby assume all risk, dangers and hazards associated with use or participation in the Arrangements, including the possible risk of severe or fatal injury to others. In addition to the foregoing, these risks include but are not limited to the following:
a) the risk associated with travel to and from the venues and locations included in the Arrangements;
b) intoxication and/or alcohol poisoning from the alcohol you consume;
c) the possibility of bodily injury; and
d) being in altercations with others (which is not condoned or tolerated by us).
11.5 You agree to indemnify us from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as result of your behaviour and actions.
12.0 Prices
12.1 The prices of the Arrangement(s) are detailed in your Booking Confirmation. Prices shown are correct at the time of going to press and we make every effort to ensure that they are accurate. Please note that the price may change as a result of the suppliers of services or other relevant matters pertinent to your Arrangements which may be out of our control. We will advise you In Writing of any increase in charges payable which must be paid in full prior to the Arrangement Commencement Date.
12.2 We reserve the right to change any of the events, facilities or prices described on the website before the Arrangement between you and us is concluded.
12.3 Booking more than one activity may result in a discounted price being issued on the Arrangements. These discounts may only apply when paying for the whole package. If you decide to partake in only certain aspects of the Arrangements, you may not be able to take advantage of these discounts. All prices are inclusive of GST.
12.4 Prior to Booking, prices given on quotes, website packages, event coordinator emails and those made verbally are subject to availability and subject to change at any time. We make every attempt to ensure that all prices given are accurate at the time of enquiry. You will be given the current price of your Arrangements at the time you wish to book before your contract is confirmed. Where a price is incorrect due to a systematic error, we shall not be bound by such price.
12.5 When a group is staying at a hotel and they have an odd number of attendances on any given night, we will, where possible, try and place your group in a triple room. If this is not possible, a single supplement must be paid to cover the sole occupancy charge levied by the hotel. The single supplement charge will be specified to your hotel.
13.0 Behaviour
13.1 You must adhere to the current laws of the Queensland Liquor Act 1992.
13.2 We support the responsible service and consumption of alcohol. Licensing laws prohibit the service of alcohol to underage and unduly intoxicated persons. The management of all Third Party Suppliers have the right to refuse service to you and your group if you are displaying disorderly, aggressive, abusive, anti-social or intoxicated behaviour. Refusal is at the sole discretion of the management of the Third Party Suppliers.
13.3 We do not condone the use of illicit substances prior to or during any Arrangement hosted by us. We reserve the right to request a Third Party Supplier owner or its management to exclude you or any member of your group if it is believed that:
(a) You or a member of your group are displaying socially offensive behaviour;
(b) You or a member of your group are socially offensive and defaming the good reputation of us or any Third Party member; and/or
(c) You or a member of your group are a threat to another person’s safety due to being under the influence of any illicit substances.
13.4 Despite our suppliers being aware of the nature and likely intent of same sex groups, you are expected to respect your environment and other people around you. All Third Party Suppliers have every right to terminate your stay without notice under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases, all insurances will be invalidated and you will not have any entitlement for a refund under the Australian Consumer Law.
13.5 We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances.
14.0 Clothing
14.1 Third Party Suppliers may have a minimum dress standard. You acknowledge that appropriate clothing must be worn at all times if certain standards are required by Third Party Suppliers. Appropriate clothing includes no singlets; no vests; no shorts; no large visible tattoos and enclosed shoes.
14.2 You acknowledge that Third Party Suppliers may refuse you entry into their venue should you not meet their minimum dress standard. We will not be held responsible for any additional costs incurred by you as a result of your failure to meet the minimum dress standard.
15.0 Video Footage
15.1 You grant us the right to use any image of you in any live or recorded video, display or any transmission or reproduction of any Booking. All rights to broadcast, record, photograph, repeat, reproduce, or recreate the Booking is reserved by us. You agree not to take any action, or cause others to take any action, which would infringe on our rights under this clause.
15.2 You assign to us any intellectual property associated with any image of you in any live or recorded video display or any transmission or reproduction of the Booking.
15.2 Any images or sound recordings you take during the Booking with your camera, video or audio equipment must only be used for private and domestic purposes only and you agree that you will not sell, license, broadcast, publish or otherwise commercially exploit them and in particular make available any footage, sound recording or series of still pictures taken at the Arrangement on the internet or to any third parties.
16.0 Adult Entertainment
16.1 Some Arrangements made with us may involve acts which are not appropriate for minors. Should you make a Booking which involves Adult Entertainment you warrant and acknowledge that all members of the group are over the age of 18.
16.2 We do not allow persons under the age of 18 to attend Adult Entertainment or other events which are not deemed socially acceptable for minors.
16.3 If a Booking involves Adult Entertainment cameras, video cameras, and mobile phones are not permitted to be used during a performance, unless specifically agreed by the entertainer prior to their performance. If the entertainer declines the request to record the performance in any way, no footage can be taken.
16.4 All entertainers at an Adult Entertainment Event must be respected. Disrespecting Third Party Supplier’s entertainers will not be tolerated. You are prohibited from yelling insults, throwing objects, uninvited touching, uninvited smacking, flicking of garments, pouring drinks over, and any other unsafe or socially offensive behaviour. The entertainer’s reserve their right to cancel the performance at any time if they are disrespected in any manner.
17.0 Third Party Suppliers
17.1 We use and always endeavour to source premium entertainment providers. However, we cannot be held responsible for the actions of the third parties who are independently contracted by us.
17.2 Some Third Party Suppliers may require a “behaviour bond” to be paid. All bond requests will be particularised in the Booking Confirmation Form.
18.0 Age Restrictions and Limits
18.1 Unless you advise us to the contrary, we will assume that every member of your group is over 18 years of age. If this is not the case, and some members of your party do not fall into this age category, please check with us that the events you book can accommodate the younger members of your party. If this is not checked prior to Booking and you encounter problems during your Arrangement, we cannot be made responsible.
18.2 Some of our activities may not be suitable for all participants due to height/weight/pregnancy/disability/medical/health restrictions. It is your responsibility to ask us if there are any of the aforementioned restrictions regarding any events you may have booked with us. Failure to do so may result in group members not being able to participate in certain events and we will not be held responsible and may not provide a refund in these circumstances.
18.3 You should be aware of your own physical and mental limitations before making a Booking. If you have a medical condition or if you are pregnant we strongly recommend that you do not make Arrangements with us which are adverse to your health. Should you be pregnant or have another medical condition that may be affected by attending an Arrangement, you must advise us prior to making a Booking.
19.0 Itineraries
19.1 Our itineraries are designed for you to achieve maximum enjoyment from your Arrangements. The times provided must be adhered to at all times and failure to do so may result in your group being unable to participate in your nominated Arrangement. We will not be held responsible should you fail to follow our advice or adhere to our planned timings.
19.2 On occasion, certain activities such as some dance classes and boat cruises will not confirm the venue until around one (1) week prior to the Arrangement taking place. As a result, your itinerary may be sent without the location and will be amended nearer to the date of the Arrangement that is due to take place.
20.0 Complaints
20.1 If you have a complaint regarding any aspect of the Arrangements provided by us, you must communicate your complaint to the Third Party Supplier of the service concerned at the earliest opportunity. You should also contact us to let us know of your complaint. If you do not inform us and the Third Party Supplier of the service as soon as possible, at least within 48 hours of the complaint occurring, we will not be responsible for the complaint. If the complaint has not been dealt with to your satisfaction before your return home, then you must make a complaint to us in writing no less than seven (7) days after your return from the tour/event. You will receive a reply within 28 days of us receiving your complaint in writing. If you do not comply with the complaints procedure, we will not be held responsible for your complaint.
20.2 All accommodation is booked through a third party and all complaints are to be directed to this hotel reception at the time of the complaint. Hens in Paradise are not liable for any issues that arise with your booked accommodation. The client needs to address these issues with their accommodation at the time of arrival. If the accommodation refunds any funds due to issues, these funds will be passed directly from Hens in Paradise onto the client in a timely fashion.
21.0 Entire Agreement
21.1 These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of this document and supersedes all prior negotiations, contracts, Arrangements, understandings and agreements with respect to that subject matter.
22.0 Law
22.1 This document is governed by and construed under the law in the State of Queensland.
22.2 Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in the State of Queensland.
22.3 Each party by execution of this document irrevocably, generally and unconditionally submits to the non exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
23.0 Remedies
23.1 The rights of a party under this document are cumulative and not exclusive of any rights provided by law.
24.0 Severability
24.1 Any provision of this document which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this document or the validity of that provision in any other jurisdiction.
COVID-19 specific conditions of entry
1. cancel or postpone the event;
2. reduce the number of persons who may attend the event;
3. change your seating allocation; and/or
4. change any standing or seating configurations for attendance at the event;
in which case You may receive a refund or postponement in accordance with these Hens in Paradise’s Terms and Conditions of Sale, or the COVID-19 Refunds and Exchanges Terms and Conditions, as the case may be with each individual third party supplier. It is the event organisers responsibity to confirm the third parties Covid-19 terms and condition once Hens in Paradise sends through the updated invoice with third party contact information.
You agree to comply with all Government directions, orders and regulations relevant to attending live events, which may be in place at the time of the event.
If you are attending the event as part of a group, as the event organiser, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must: (a) make the contact details of your group available to the Government (if you have the consent of each group member to do so); or (b) contact each member of your group, and request that they provide their contact details to the Government directly.