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Terms & Conditions – Swimming Women Swimming Holidays 2022

Payment Policy
After you have completed the Registration Form we will confirm availability on the swimming holiday you have chosen, via email within 24 hours. A non refundable reservation payment of AU$500 is required by paying by credit card.

Payment Timeframe
Full payment is accepted at any time and must be paid in full 50 days prior to the holiday commencing. Final payment details will be sent to you in an email within 2 days of your initial booking registration email. You can pay by Visa or Mastercard, or direct transfer.

Definitions
“Cancellation” is defined as not attending your scheduled Swimming Women Swim holiday, including postponing or rescheduling.
“You” and "Customer" refers to the guest booking a Swimming Women Swim holiday.
“We” and "Company" refers to Swimming Women Pty Ltd.

If you cancel
The initial deposit is non refundable. Swimming Women will not offer any refund for any reason. We will happily transfer a credit for your holiday to another swimmer or friend should you wish.

If you cancel more than 50 days prior  to the holiday you will forfeit your initial deposit. If you cancel less than 50 days prior  to the holiday you will forfeit all monies paid.

If Swimming Women cancels
If we must cancel a booked swim holiday date for any reason other than an Act of God, Natural Phenomenon, Terrorism or Political Act, you may transfer your full swim holiday payment to another swim holiday if scheduled, or you may request a refund of your payments to us, less any credit charges or reasonable administrative fees constituting a full settlement.

Swimming Women is not responsible for your expenses incurred in preparation for any canceled swim holiday, such as airline tickets, transport costs, loss of work, and/or other costs associated with preparing for your trip.

Swimming Women reserves the right to substitute holiday staff and instructors should unavoidable circumstances arise.

Force Majeure Event
1.1  "Force Majeure Event" means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), public health emergencies, industrial disputes, slow-downs or other strike, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including (but not limited to) restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Company’s services beyond its control. 
1.2  If any Force Majeure Event results in the Company being prevented from, or delayed in, performing any of its obligations to the Customer:
(a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon the Company under these terms and conditions;
(b) no loss or damage shall be claimed by the customer from the Company by reason thereof; and
(c) the Company shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.
1.3 In the event of a Force Majeure Event, the Company, in its absolute discretion may:
(a) cancel or modify any routes within the product itinerary or objectives set out in the itinerary;
(b) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;
(c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any aspect of the product if in the absolute discretion of the Company it is necessary to do so;
(d) offer a transfer of the product, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by the Company in the circumstances), which transfer option is subject to availability;
(e) offer a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by the Company in its absolute discretion), provided that:
(i) any additional costs payable on the new product will be payable by the Customer in full at the time of booking;
(ii) additional costs may apply for the product in future seasons; and
(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.

Government Requirements / COVID-19
1.1 If the Customer contracts COVID-19 (or any other pandemic virus or disease) within 14 days of the scheduled departure date, or is instructed to self-isolate by the applicable Government or other authorising body or other persons, the Customer must notify the Company in writing. In such circumstances, the Customer (and any other guest cancelling as part of the booking) will not be able to and will not be granted permission to undertake or participate in the product. The Company, in its sole discretion, may offer to the Customer a transfer of the product to an alternative date (subject to availability). The Company reserves the right to request supporting evidence of any contraction of COVID-19 or instruction to self-isolate.
1.2 Where the Customer presents with an elevated temperature or other symptoms of COVID-19 or any other communicable disease or virus (whether you are aware of the condition or not), the Company may in its absolute discretion:
(a) refuse the Customer’s participation in the holiday;
(b) request that the Customer wears a face mask or other protective equipment;
(c) request that the Customer undertakes a Rapid Antigen Test; and or
(d) request that the Customer concludes the product / leaves the premises at the earliest possible and safest opportunity.
1.3 Where clauses 1.2(a) and (d) apply, the product will be deemed to have been cancelled by the Customer and the Company’s usual cancellation provisions will apply. All costs incurred by the Customer and or the Company as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to the Company under these circumstances.
1.4 Where the Customer presents with an elevated temperature or other symptoms of COVID-19 or any other communicable disease or virus and obtains a negative result to a COVID-19 test, the Company may in its absolute discretion allow the Customer to participate in or re-join the product.
1.5 Where the Customer is not allowed to participate in or re-join the product in accordance with clause 1.4 above, the product will be deemed to have been cancelled by the Customer and the Company’s usual cancellation provisions will apply. All costs incurred by the Customer and or the Company as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to the Company under these circumstances.
1.6 The Customer shall comply with testing requirements and or directions by:
(a) the applicable Government (Federal or State);
(b) health authority or other authorising body;
(c) the Company; or
(d) any third party provider,
in relation to COVID-19 (or any other disease or virus), for entry to the location of the product or to use or participate in the product.

1.7 Where the Customer:
(a) is unable to meet any requirement (including where the applicable Government, health authority or other authorising body requirement is introduced subsequent to the booking);
(b) cancels the booking; or
(c) is unable to access the location of the product,
as a result of a requirement referred to in clause 1.6 and 1.7 above, the Customer shall forfeit all monies paid to the Company.
1.9 Where the Customer does not comply with any requirement referred to in clause 1.6 and 1.7 above, the Company reserves the right to decline the booking, cancel the booking or refuse the Customer’s participation in the product at the Company’s absolute discretion and at the Customer’s cost.
1.10 Where the Customer is unable to utilise or participate in the product, or any part thereof, due to COVID-19 (or any other pandemic) border closures and or travel restrictions imposed by the applicable Government or other authorising body, the Company, in its sole discretion, may offer to the Customer:
(a) a transfer of the product, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by the Company in the circumstances), which transfer option is subject to availability; or
(b) a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by the Company in its absolute discretion), provided that:
(i) any additional costs payable on the new product will be payable by the Customer in full at the time of booking;
(ii) additional costs may apply for the product in future seasons; and
(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.

Your Travel and Cancellation Insurance
To join the swim holiday you must have your own travel, medical and liability insurance. Please be sure that your insurance policy covers you for all adventure sport activities, medical emergencies & trip cancellation.

Depending on the policy and conditions, travel cancellation insurance may pay for some or all cancellation fees. With most agencies, insurance must be purchased within 14 days of making your reservation. We strongly advise you check with the Department of Foreign Affairs smarttraveller website to make your own assessment on the safety of the region we are travelling to.

Liability
The Customer releases and indemnifies the Company from any liability, loss or damage, of any nature, that may occur to the Customer, the Company or any other person (including but not limited to persons departing on the same product or utilising the same accommodation booked). Such liability, loss or damage may include (but is not limited to) all costs, losses and expenditures arising from the Customer’s use or participation in the product, any cancellation of the product, or any injury, illness or death of the Customer or any person.