TERMS & CONDITIONS FOR PARTICIPANTS OF SHE SUPS TRIPS
These do not apply to She SUPs Day Events/Paddles/Lessons. If you’re looking for our refund/cancellation policy for day paddles, lessons or socials please click here.
These Terms for Trips apply to all participants of Trips run by She SUPs Pty Ltd [ABN 58652784793]. These Terms for Trips together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any participant at a Trip of ours. When booking a Trip through She SUPs you agree to these Terms and any further terms set by our Third Party Partners (if applicable).
BOOKINGS
You must be 18 years old or older to attend a Trip. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
To book in for a Trip you must provide us with various personal information. This is used subject to our Privacy Policy. You must complete our Booking Form online, agree to these Terms. We reserve the right to refuse to accept bookings at our absolute discretion without stating the reason for doing so. Once you have received your Booking Invoice please check this carefully. If any of the information contained within the Booking Invoice is incorrect or incomplete, please notify us immediately in writing as it may not be possible to make later changes to it. To confirm your Booking you must pay the non-refundable deposit as set out in the Booking Invoice. Your booking is not confirmed until we receive payment and you have received confirmation from us. We strongly advise you not to book any travel arrangements until your trip has been confirmed by us and we confirm with you that we have sufficient numbers of participants to run the Trip.
INSURANCES
We strongly recommend you take out comprehensive travel insurance, at the time of booking as we are not liable for any Loss or Damage. Taking part in SUP is a high risk activity and can involve personal injury or death.
SPECIAL REQUESTS, AND HEALTH INFORMATION MUST BE PROVIDED AT BOOKING
Special requests must be made at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of these Terms or the Third Party Partner. Confirmation that a request has been made will be included on your Booking Invoice or upon the acknowledgement of booking. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking. If your special request is not made at time of booking, we may not be able to cater for you, and your booking may be cancelled at our sole discretion.
You must provide us with full details of any existing medical condition or disability that may affect your trip (including, in particular, any accommodation requirements) at the time of your booking.
If in our reasonable opinion we cannot cater for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking.
PAYMENT TERMS
We will inform you of payment terms for the cost of your Trip at the time of booking.
You must pay the full balance by the due date set at the time of booking. If full payment is not received by the balance due date, you will risk being removed from the Trip and losing your spot.
You are responsible for making all payments due to us under your booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.
INFORMATION ON OUR WEBSITE
All our prices for Trips are published on our website and are in Australian dollars and include GST. We may change prices for Trips without notice to you, unless you have made a deposit. We may discount or offer free tickets to Trips to our members or others from time to time. We may also discontinue any unbooked Trips at any time.
We may change our range of Trips at any time without notice to you. We are not liable for any price changes, other changes, or any discontinued Trips.
The descriptions of Trips may also change without notice to you. There may on occasion be errors or omissions in descriptions or prices, times, and availability and promotions. We may, but are not obliged to, correct any errors or omissions or change and update information or cancel Trips if information is inaccurate at any time.
TRAVELLING TO THE TRIP
We are not responsible for how you arrive at the starting point or trip location. We will provide information regarding how to get there, however it is your responsibility to research and make your own travel arrangements.
With your permission we will connect you with other guests joining your trip, to see if you can arrange your travel together. You take full responsibility for your own travel plans.
YOUR OBLIGATIONS AND CONDUCT RULES
By making a Deposit for a Trip, you agree to provide us with various information including but not limited to your account details (“information”). You represent and warrant that:
all information you provide is true, correct, current and up to date;
you will respond promptly to any of our requests for further information.
In the Trip that we find that any information is not true, correct or current, we may, at our sole discretion, immediately terminate your account and ban you or remove you from our Trips.
She SUPs prides itself on being a safe space for women. Therefore you must conduct yourself appropriately at our Trips. If you engage in any of the following we may, at our sole discretion, prohibit your entry or revoke your permission to be in attendance at our Trips.
any inappropriate or offensive conduct including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, any behaviour that is recognised as bullying or offensive towards other women;
any illegal conduct including, but not limited to, anything defamatory;
any immoral conduct including but not limited to, anything pornographic or obscene;
any conduct that impersonates any other person or misleads other attendees;
any dangerous conduct;
any overly inebriated conduct or intoxication where you are being disruptive; or
any photography or video of the Trip except with our express permission.
We cannot be held responsible for the actions or behaviour of other guests on the trip.
You further accept all liability for any Loss or Damage caused by you or any member of your party during the Trip, including, but not limited to any property damage to SUP equipment. Payment for any loss or damage must be made to us or our Third-Party Partner at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost is not known at the time, we will reasonably estimate it and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, and if it is less, the difference will be refunded to you.
If you consider that someone is breaching the conduct rules, please notify the host immediately so that we can address the issue immediately.
TRIP LEADERS
Our Trips are run by a Leader and/or Host. The decision of the leader is final on all matters relating to safety or wellbeing and conduct of any participant on the Trip. Where you fail to comply with a decision made by a leader, or interfere with the wellbeing or mobility of the leader, they may direct you to leave the Trip immediately, without refund. We may also, at our sole discretion, choose not to permit your future participation on a further Trip.
PAYMENT TERMS
You agree that you will pay us for the Trip in advance via direct bank transfer or credit card. We also charge you any transaction fees or fees incurred by financial providers.
Tax receipts are available on request. All sales are non-transferable and non-refundable except as outlined below. Payment must be received by us prior to the Trip or we will not permit your admission. Your ticket/place in the Trip cannot be reserved or confirmed until payment has been received.
CANCELLATIONS BY YOU
We hope you do not need to cancel your trip, however, if cancellation takes place the following will apply.
Cancellation of a booking by you must be made in writing. It is up to you to cancel your booking. We will not regard a booking as cancelled unless and until written notice is received by She SUPs.
For trips commencing BEFORE June 2024: On cancellation the following charges will apply:
More than 45 days notice before the trip, there is no charge. You will receive a refund minus your $350 non-refundable deposit.
44-20 days before the scheduled trip there is a 30% administration fee on top of your non-refundable deposit.
19 days or less before the scheduled trip the full fee will be charged (100%).
For Australian based trips commencing AFTER June 2024: On cancellation the following charges will apply:
More than 60 days notice before the trip. You will receive a refund minus your $400 non-refundable deposit.
59-41 days before the scheduled trip there is a 30% administration fee on top of your non-refundable deposit, any remaining balance will be refunded.
40 days or less before the scheduled trip the full fee will be charged (100%). You will receive no refund and forfeit your non-refundable deposit and balance payment.
For overseas trips (Philippines & New Zealand) commencing after June 2024, the following applies:
If you cancel 61 or more days notice before the trip. You will receive a refund minus your non-refundable deposit.
If you cancel within 60 days of your departure date, your non-refundable deposit and balance payment will be forfeited (zero refund).
Please be aware that if you cancel your trip once it commences or you do not attend, you forfeit your non-refundable deposit and balance payment.
Late arrival may also result in a forfeited fee. We may reduce, transfer or waive the loss of fee for any reason at our sole discretion.
REFUNDS, TRANSFERS
To the extent permitted by law, any refunds are at our absolute discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information. On occasion we may permit you to transfer to another Trip.
Any transfers to other Trips are at our sole discretion and are subject to numbers and availability. Any transfer requests received within 60 days notice before the trip will result in the cancellation policy above being applied, and then any potential refund as per that cancellation policy being able to be transferred.
MINIMUM GROUP SIZES
Some trips will be subject to a minimum group size in order to run, and therefore occasionally have to be cancelled if this is the case we will inform you at the time of booking.
We are not liable for any Loss or Damage if the minimum size is not met, and we need to cancel the Trip.
CANCELLATIONS FOR WEATHER PRIOR TO EVENT
In the event of adverse weather conditions, we reserve the right to change, alter or cancel the Trip in the interests of safety. We will inform you if we need to cancel a Trip due to the weather. If weather conditions cause us to cancel the Trip we will seek to reschedule or and credit you if you cannot make the rescheduled date.
If you decide not to attend or participate in the Trip due to weather (and we have not cancelled) no refund will be given.
If we cancel the trip for any other reason (including, park closures, illness of the instructor etc.) you will be given a credit transfer for a future date.
CHANGES TO ITINERARY, TIMES/ DATES OR VENUES
You acknowledge and agree that the itinerary we provide is representative only of the types of activities and routes and schedule, amenities and transport during the Trip, but are subject to alteration due to local circumstances without prior notice. This is because we rely on the cooperation of Third Party Providers, and suitable, safe conditions. The itinerary may be changed at our sole discretion.
Despite our reasonable endeavours, on occasion we may also need to change venues, or dates at short notice. We will notify you as soon as possible of any major changes to the Trip. In these circumstances we offer a transfer to another Trip if the new venue or dates are inconvenient to you. We do not provide refunds except as required under the Australian Consumer Law.
CONSUMER GUARANTEES AND REFUNDS
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, rights to refunds where there is a major change with the Trip, such as where there is a date change, the venue is much further away, or it is cancelled.
If a Trip fails to meet a consumer guarantee, please notify us. You will have the right to have the fee refunded if it doesn’t meet a consumer guarantee.
TERMINATION
We may refuse permission for you to attend the Trip, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate this Agreement. We can also stop offering our Trips at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Trips.
FORCE MAJEURE
If either party cannot perform an obligation under this Agreement because of a Force Majeure Event, that party, on giving prompt notice to the other party, is excused from such performance. The affected party must use its best efforts to avoid or remove the Force Majeure Event or to limit the impact of the event on its performance and must continue performance with the utmost dispatch when the Force Majeure is removed. Neither party is liable for any delay or failure to perform its obligations due to a Force Majeure Event.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at a Trip including, but not limited to, any errors or omissions in any website content, price changes or cancelled Trips, changes to the venue, dates and times, and any interruptions, or other changes to a Trip, or any travelling to or from a Trip, or any meetings with other members of the Trip.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
the supply of equivalent services eg a ticket at an alternative Trip; or
the payment of the cost of your Trip.
In any case, our liability to you will not exceed the amount actually paid by you to us.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including the conduct rules, where you provide incorrect personal information, where you leave during a Trip, any disclosure of your personal information, and any further meetings or communications with attendees of a Trip. You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with the act or omission of any Third Party.
IF THERE IS A DISPUTE
If at any time our Trips are not reasonably acceptable to you or we disagree on the quality of the Trip you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the Trip of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the Trip of an inconsistency between these Terms for Trips and other terms and conditions on our website, these Terms for Trips prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the Trip that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Agreement means these Terms for Trips, and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Force Majeure Event means any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the Supplier(s) concerned’s control.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Our Representatives means any of our employees, agents, contractors or subcontractors.
Trips mean the multi-day/overnight trips listed on our website as weekend retreats, overnight/multi-day SUP adventures and holidays.
Third Party Partners means any SUP School, venue or provider of products and services during the Trip.
We, us, or our means She SUPs Pty Ltd [ABN 58652784793] and includes any of our employees, agents, partners, contractors.
Website and services means www.shesups.com.au and everything available on this website including, but not limited to, all products, services and socials.