Terms and conditions
Please do not proceed with any booking or purchase until you have read, understood and accepted these Terms and Conditions. If you have any queries, please contact us and we will be pleased to assist.
Horse Happening Pty Ltd / Telephone: +61 418 613 930 / Email: firstname.lastname@example.org
In these Terms and Conditions:
“Booking” means any order for Merchandise and Holidays placed by you.
“Customer” means a User who intends to, or has made a Booking or purchase of a Holiday or Merchandise on the Horse Happening and/or Horses & Cattle Australia Platform or Website.
“Holiday” or “Holidays” means services by the Suppliers and/or Horse Happening which are advertised and/or available to book or buy via the Horse Happening and the Horses & Cattle Australia Platform and Websites, including but not limited to holidays, experiences, trainings, horse clinics, lessons, courses, seminars, horse adventures, cattle and/or sheep station stays, farm stays, treks or tours, food, accommodation,.
“Horse Happening” or “Horses & Cattle Australia” “us’” or “we” means Horse Happening Pty Ltd (ACN 621 982 107).
“Horse Happening Platform” or “Horses & Cattle Australia Platform” or “Website/s” or “Platform/s” means the Horse Happening or Horses & Cattle Australia Websites and Mobile Applications (www.horsehappening.com, www.horsehappening.com.au, www.horsesandcattle.com, www.horsesandcattle.com.au).
“Merchandise” means any products that are advertised and/or available to buy via the Horse Happening or Horses and Cattle Australia Platform and Websites.
“Services” means the services provided by Horse Happening and/or Horses & Cattle Australia and/or its Suppliers via the Horse Happening and Horses & Cattle Australia Platform.
“Supplier Content” means any and all information and content that a Supplier submits to, or uses with, the Horse Happening or Horses & Cattle Australia Platform. It includes, but is not limited to images, photographs, videos, ratings, reviews and/or testimonials.
“Supplier” means the provider, the individual or entity which advertises, offers, organises and provides Holidays, services or merchandise on the Horse Happening or Horses & Cattle Australia Platform.
“T&Cs” means these Terms and Conditions.
“User”, or “you” or “your” means a person who visits the site, books or enquires about a Holiday or Merchandise, provides content or services for the Website, advertises and contributes to the Horse Happening or Horses & Cattle Australia Platform including, but not limited to Customers and Suppliers.
“User Content” means any and all information and content that a User submits to, or uses with, the Horse Happening or Horses & Cattle Australia Platform. It includes, but is not limited to images, photographs, videos, ratings, reviews and/or testimonials.
1. Use of the Horse Happening and Horses & Cattle Australia Platform
The Platform is available to all Users subject to these T&Cs. When you make a Booking or purchase Merchandise on the Platform or otherwise use these Websites, you agree to accept these T&Cs. The Platforms and Websites are owned by Horse Happening Pty Ltd ACN 621 982 107.
The Horse Happening and Horses & Cattle Australia Platform are used by Horse Happening and its Suppliers to give you and all Users, access to various Service, Merchandise and Holidays. Users under the age of 18 years must obtain the consent of a parent or guardian prior to using the Platform. The parent or guardian will be responsible for appropriately supervising the person’s use of the Website/s. The User hereby declares to use the Horse Happening and Horses & Cattle Australia Platform and Website in accordance with these T&Cs.
The Platform is solely and exclusively for your personal use. It may not be modified, reproduced, duplicated, copied, distributed, sold, resold or exploited for commercial or non-commercial purposes, except that you may print out copies of itineraries, schedules, tickets and booking confirmations and forms for your personal use.
The User agrees not to use this Platform and Website for illegal or prohibited purposes. In particular, the User accepts that he or she will only use this Website for him/herself and that the products or services purchased through the Platform will be for his or her own use or consumption, or the use or consumption of persons on behalf of whom he or she is legally authorised to act. The User shall not resell to third parties, products or services purchased through the Horse Happening or the Horses & Cattle Australia Platform and Website.
Horse Happening reserves the right to deny access to the Website at any time without notice.
2. Our Suppliers
Our Suppliers are the providers of the Holidays or Merchandise. They provide Holidays and Merchandise directly to you, the Customer. Our obligation to you is to (and you expressly authorise us to) assist in the making of Bookings on your behalf and to arrange relevant contracts between you, our Suppliers and/or Horse Happening, which you agree may be evidenced by a printed voucher, ticket or an e-mail advising of confirmation of Booking. We do not control the business operations of our Suppliers. Horse Happening has no responsibilities for any Holidays or Merchandise provided or not provided by the Supplier. Horse Happening makes no warranty or representations in regard to the standard of any services provided or to be provided.
Horse Happening may also act as an agent, when selling gift vouchers for Holidays provided by our Suppliers. Gift Vouchers issued are subject to the terms and conditions of each Supplier and the Horse Happening T&Cs.
3. Your Contract
When you make a Booking via this Website, the contract will be between the Supplier and you. Horse Happening is therefore not a party to the contractual relationship in relation to the Merchandise or Holidays you order on our Website, unless explicitly provided otherwise herein. Any queries or concerns relating to the Merchandise or Holidays should be addressed to the Supplier. By using the Horse Happening Platform, you authorise us to act as an agent and your representative during the process of Booking of Holidays and/or purchase of Merchandise from the selected Supplier and to make the payment for such Holidays and/or Merchandise in your name and on your behalf, as required.
By completing the booking form you confirm that you intend to enter into a binding contract with us pursuant to the Horse Happening T&Cs and you agree to be bound by these T&Cs. After you place your Booking, you will receive a confirmation email and invoice. This is the moment that your binding contract in relation to the Holiday ordered will come into existence. This confirmation email will provide details about the Holiday or Merchandise.
4. Making a booking
To make a booking we request that you fill out the Booking Form which can be found on our Horses & Cattle Australia website or you request a booking form to be sent to you via email. We also request that you fill out the Horse Rider Assessment Form which is also available on our Horses & Cattle Australia website. By completing the Booking Form you confirm to us that you
– authorise us to make travel bookings on your behalf and to arrange the relevant contracts between you and our Suppliers;
– have provided us with true, complete and accurate information;
– consent to providing Horse Happening and its Suppliers with your personal information;
– intend to obtain or already have comprehensive travel insurance which covers loss, damage and/or injury as a result of horse riding related activities;
– are responsible for all payments due in respect of the booking made for yourself or any other member of your party specified on the booking form;
– are at least 18 years of age;
– agree to indemnify us against any and all loss that we may suffer as a result of your failure to honour these T&Cs.
Following receipt of your booking/registration form and all appropriate payments, we will, subject to availability, confirm your Booking and send you a confirmation invoice. Your booking is accepted by us on the basis of information given by you on your booking form including details of your riding ability and your weight. Where these details are inaccurate, Horse Happening and its Suppliers reserve the right to change your riding itinerary or booking or ask you not to ride and in these circumstances you will have no claim against Horse Happening or the Supplier and will not be entitled to any refund or compensation.
Please contact us directly for group bookings.
We reserve the right to cancel your Booking if we have reasonable grounds to believe it is fraudulent. In such circumstances we will attempt to contact you, using the email address you provided at the time of booking, or your bank. In the event that we are not able to contact you or your bank, we may cancel your Booking with no liability whatsoever.
Full payment is required at time of Booking for Holidays with a duration of two days or less. A minimum deposit of A$ 500 or 30% of the total price of the travel arrangement is required for the Booking of any Holidays with a duration of three days or more. Subject to your rights under the Australian Consumer Law, your deposit will not be refunded if you change your mind or cancel your booking.
The balance of the price for your Holiday becomes due 12 weeks prior to the start of your Holiday. For Bookings made 12 weeks or less before the start or departure date, the full payment is due at the time you complete the booking form. Payment due dates will be shown on the invoice sent to you. Horse Happening will not send out any payment reminders. If we do not receive full payment on time, we reserve the right to consider your Booking as being cancelled and our cancellation policy will become effective.
Your contract with Horse Happening will become effective on the date we issue your confirmation invoice. Please check the invoice and all confirmation details carefully and advise us immediately should you have any questions or queries. Horse Happening cannot accept any responsibility for any inaccuracies in any document, voucher, booking or ticket if we are not informed within the ten days period after it has been issued.
If more than one person is named on the booking form the first named person confirms that he/she and all persons named on the booking form are fully aware of and accept all of our T&Cs. The first named person will be responsible for all payments due in respect of arrangements purchased.
6. Cancellation of Holidays by you
If you need to cancel your Holiday once it has been confirmed, you must immediately advise us in writing by email. Notices of cancellations become effective once they are received by us. We will confirm receipt of your cancellation in writing by email. Your notice of cancellation will only be effective when we receive it in writing. We do incur costs from the time we confirm your Booking and we may not be able to sell your place on one of our Holidays. In the event of cancellation by you, the following cancellation charges will apply.
Cancellation 12 weeks prior to the start of the Holiday Non-refundable
Cancellation more than 12 weeks prior to the start of the Holiday A$ 500 Cancellation Fee
For some of the Holidays, you might be able to nominate a replacement for your place. Replacements must be nominated in writing via email and the email must be received by us a minimum of 15 working days before the start of the Holiday. Replacements nominated must fulfil all requirements of the Holiday. Requirements in place might relate to the replacement rider’s level of ability, experience and fitness. Each replacement person must complete a booking form and a rider assessment form. If you have booked a Holidays with us, in some circumstances Horse Happening might be able to re-sell your place to someone on our waiting list. Should we be able to find a replacement participant, we will provide you with a refund, less a A$ 500 cancellation fee if we receive your cancellation in writing not less than 12 weeks prior to the first day of your Holidays. Holidays can only be cancelled up to 12 weeks prior to the start of the Holiday. If cancellation of the Booking is received less than 12 weeks prior to the start of the Holiday, all amounts paid until the date of your cancellation received in writing will be forfeited and no refunds can be made.
If, you have started your holiday arrangements with us you decide not to or are unable to use any of the services to be provided to you by Horse Happening or any of our Suppliers, you will not be entitled to any refund or compensation for the unused service.
Depending on the reason for cancellation of a Holiday, you may be able to reclaim cancellation charges under the terms and conditions of your travel insurance. Please contact your travel insurance provider directly.
7. Changes or cancellation by us
The nature of our business calls for planning the Holidays and events far in advance. Sometimes we have to make alterations to Holidays and events due to unforeseen circumstances and changes made by our Suppliers and other third parties. Most changes will be minor, but we do have to reserve the right to make any changes or cancel any Holiday. If such changes are required, we will offer you full reimbursement of all amounts paid. We will also try to offer you participation in another similar Holiday. However, since all of our offerings are quite unique, this might not always be possible. We select our Suppliers very carefully and we will make every effort not to disappoint our Customers.
If for some very unusual reason (other than any fault of yours, including non-payment by you of any money due) or as a result of ‘Force Majeure’ as defined or low bookings (paragraph ‘Low Bookings’ will then apply), we are obliged to cancel your holiday, we will offer you a substitute holiday if one is available. If you book a substitute which is less expensive than the original, we will refund you the difference in price. If the substitute is more expensive, you must pay the difference. If you do not wish to book a substitute or we cannot offer you one, we will give you a full refund (other than of insurance premiums/amendment charges paid). You will not be entitled to any cancellation or compensation.
Your booking is accepted by us on the understanding that you realise that the services provided on a horse riding, horse trek, horse training, cattle and/or sheep station holiday or event are different to many other holiday services. Horse riding, horses, livestock and nature are not always predictable. Elements outside our control such as weather, climate, livestock, suitable horses and other local conditions, may influence the riding and horse experience. You accept that descriptions of the riding provided to you are an indication of what is planned and are not contractually binding. Flexibility is always required. Final decisions as to the conduct of a trip may be affected by various factors, including those mentioned above and will be made in the interest of the group/riders as a whole. You also realise that the infrastructure and standards relating to travel, accommodation and safety in the place to which you are traveling may be lower than in your country due to the remote location of where some of our experiences take place. Horse Happening and its Suppliers and partners will do our best to make sure arrangements, including travel services, transport and logistics run smoothly but this may not always be possible due to nature, weather, mechanical breakdown, the horses, livestock and animals involved or other unforeseen circumstances and there will be no refund or compensation for any unused services.
8. Low Bookings
Some of our holidays, experiences and treks assume a minimum number of participants. If this is the case, we will notify you before your booking is confirmed. If the minimum number is not reached by the 12 weeks before the commencement of the holiday, we reserve the right to; a) cancel the departure or; b) postpone the due date for payment of the balance until four weeks before the start date or; c) with your agreement, continue with the arrangements for fewer participants at the necessary supplement payable by you. If we cancel as in option a) we will notify you in writing and will refund in full any deposit or other payment made to us by you for the arrangements (other than insurance premiums or amendment charges paid). If we postpone the payment date as in option b) we will notify you and then, before the new payment date, we will in writing either confirm the departure or notify you that the trip is cancelled. In the latter case we will also give you a full and prompt refund of any deposit or other payments made by you to us for the arrangements.
We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights. Unless you agree, cancellations for low bookings will not be made less than four weeks before the start date.
9. Force Majeure
On rare occasions, circumstances or events which amount to ‘Force Majeure’ may affect the area to which you plan to travel. As a result Horse Happening and its suppliers may be unable to perform or complete the arrangements booked and may be obliged to change, cancel or curtail such arrangements at short notice. Horse Happening is not liable if there are deficiencies with reservations, confirmations and/or execution of any Holidays purchased through Horse Happening due to reasons of ‘Force Majeure’.
In these T&Cs, ‘Force Majeure’ means any event that Horse Happening or the Supplier of the Holiday or Merchandise in question could not, even with all due care, foresee or avoid. It includes but is not limited to illness or death of the Holiday Supplier and to political, economic, security or climatic disorder and events that affects safety. Such events may include any act of God, war or threat of war, riots, civil strife, terrorist activity or threat of terrorist activity, industrial dispute, natural or nuclear disaster, adverse or unsuitable weather or health conditions, fire, flood, drought, storms, injury or death of horses and livestock, epizootic or livestock disease, pests and all similar events outside our control.
In these very unusual circumstances we will do our utmost to make suitable alternative arrangements for you. However, due to the very unique nature of our experiences offered, we will not be liable for a failure to make suitable alternative arrangements, nor for any failure to provide the arrangements as originally booked. We regret we are unable to compensate you for any losses or expenses that you may incur as a result of changes or cancellations due to ‘Force Majeure’. We will only refund you payments for arrangements that are cancelled or curtailed as a result of ‘Force Majeure’ if and to the extent that we obtain refunds from our suppliers in respect of the same arrangements which we will endeavour to do. Where we are able to make acceptable alternative arrangements for you, the cost of these shall be deducted from any such refunds we obtain and you will pay any additional costs.
10. Pricing and Payments
All prices quoted are subject to availability, subject to change, and can be withdrawn or varied without notice. The price is guaranteed at the time your Booking is confirmed, provided deposit or full payment is made at time of the Booking. Unless otherwise stated, prices are inclusive of taxes and GST. We reserve the right to increase or decrease the prices of unsold Holidays at any time. The price of your Holiday will be confirmed to you at the time of your Booking.
Please note that our published pricing does usually not include any travel or transfers to the location of the Holiday, unless specified.
For some of our experiences or Holidays, the participant can bring their own horse and prices will differ in these types of situations. For each Holiday, experience or event, please check carefully what is included and what not.
If you are booking a Holiday from overseas or require assistance with making travel arrangements or arranging transfers to the location of the Holiday, we are happy to put you in touch with one of our travel partners.
Some of our prices for our Holidays are quoted in foreign currency and we will apply the exchange rate valid at time of the Booking. If our costs increase as a result of any adverse exchange rate fluctuations, we will absorb the increased costs up to a total amount equivalent to 2% of the cost of your Holidays or Holiday. If any surcharge adds up to an increase of 10% of the cost of your Holidays or Holiday, you will be entitled to cancel your Booking and receive a full refund. Should you decide to cancel due to this increase, you must exercise your right to do so within 10 working days from the invoice date printed on the exchange rate surcharge invoice. We will not invoice you for any surcharges less than 30 days before departure. No refunds can be made in the event of favourable exchange rate fluctuations or any decreases in costs.
Horse Happening charges a transaction fee to recover the costs we incur for card payments. No fees will be charged when redeeming a gift voucher. Transaction fees vary dependent on the payment method chosen.
If transaction fees apply, the transaction fees charged will be clearly displayed to you at the time of purchase.
We also offer payment via bank transfer directly into our bank account. Please contact us directly if you would like to use that option.
11. Health Problems and Special Requirements
You agree to advise us, in writing at the time of making your booking, of any physical, medical or other special needs that you or any person specified on the booking form may have. We reserve the right to cancel your booking if you fail to do this and cancellation charges will apply. If you are affected by any condition, medical or otherwise, we will then check with our Suppliers if they can accommodate your request and if the Holiday you have chosen is suitable for you. We reserve the right to decline your Booking if for any reason we, or our Suppliers feel that the Holiday is not suitable for you.
If you have any special diet or other requests or requirements, please indicate these on the booking form. We will try to make suitable arrangements but cannot guarantee to be able to do so.
12. Safety and Behaviour around Horses
Whilst riding or in the vicinity of horses in the care of the operator, trainer, instructor or guide of your trip you must comply with the instructions of that person. It is a condition of your booking that you accept that the aforementioned guide, trainer, instructor or operator is entitled to require you to dismount or to refuse to allow you to ride if for any reason, including your inability, behaviour or health, they consider that you may endanger the safety or welfare of yourself, other people or the horses. If so required, you have no claim and will not be entitled to any compensation or refund.
The guide, operator, trainer, instructor or person in authority on your trip may also alter or terminate your participation in that trip immediately if he or she considers it reasonably necessary for the health or safety of any other person. If your participation is so altered or terminated, you will have no claim and not will not be entitled to any compensation or refund.
All horse riders must wear appropriate clothing, gear and footwear in line with safety standards at all times. You are strongly advised for your own safety to wear a riding helmet whilst in the vicinity of horses. Our Suppliers will have riding helmets available, but you should not rely on these and are advised to take your own. Protective headgear must conform with one of the current approved safety standards. In case your riding helmet does not correspond to Australian safety standards, you will be asked to wear one of their helmets.
You acknowledge that there are risks involved in horse riding and dealing with horses and understand that horses, as independent creatures, can be unpredictable or act unexpectedly. You acknowledge that horse riding and participating in horse related activities is a dangerous activity and that horses can act in a sudden and unpredictable (changeable) way, especially if frightened or hurt. Any horse can bite, buck, bolt, kick, startle, trip or slip, etc. and put the rider or handler and the horse at risk of injury or death. You understand and acknowledge that serious INJURY or DEATH may result from horse riding, whilst on the ground around horses, handling horses and during your participation in any types of activities.
You also acknowledge that many of the trips we arrange include riding and other activities in areas that are remote and/or areas where there is livestock and potentially dangerous wildlife, difficult terrain or other conditions that can be hazardous. Safety services and back up infrastructure may also be more limited than usual. By booking to take part in one of these trips, you confirm you understand and fully accept these risks.
Each customer without exception must sign a Horse Happening and/or a Supplier Liability Waiver and Release Form, regardless if they are riding horses or not. Parents must sign for participants 17 years of age or under. You will not be allowed to ride or take part if you refuse to sign these forms or refuse to wear a riding helmet if required and you will have no claim against Horse Happening or the Supplier and will not be entitled to any refund or compensation.
With your Booking you accept responsibility for any damage or loss caused by you.
If you bring your own horse to the Holiday or event you will be responsible for any damage or loss caused by you and your horse. Full payment for any such damage or loss must be made at the time, directly to Horse Happening, the horse clinician, the trainer, the property owner, landowner or accommodation owner or manager or other appropriate party. If you fail to do so, you must indemnify us against any claims subsequently made against us (together with our own and the other party’s legal costs) as a result of your actions.
If in our opinion or in the opinion of any other person in authority, any person behaves in such a way as to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property, we reserve the right to terminate the Holiday arrangements of that person without notice. In this situation, the person(s) concerned will be required to leave the Holiday, the property or accommodation. We will have no further responsibilities towards such person(s) (including any return travel arrangements). No refunds will be made and we will not pay any costs or expenses incurred as a result of termination and full cancellation charges will apply.
If you have booked a Holiday in Australia or abroad, your Booking is accepted on the strict understanding that you undertake to comply with the laws, customs, foreign exchange, drug and all other regulations of any countries visited during the Holiday, as well as all safety and security rules.
14. Complaints or Problems During Your Holiday or Holidays
If you have a problem or a complaint during your Holidays or Holiday, you must bring this to the Supplier’s or to your tour guide’s attention or contact Horse Happening immediately so that issues may be addressed and problems resolved on the spot, where possible.
Customers’ claims towards Horse Happening or its Suppliers due to non-fulfillment or fulfillment not in accordance with the contract must be asserted within 14 days after the contractually agreed end date of the holiday in writing with a detailed explanation of the claims. A complaint raised with the holiday guide, trainer or instructor is not sufficient. Claims received by Horse Happening or its Suppliers received after expiry of this deadline cannot be accepted anymore, except if Customers prove that they were faultlessly prevented from meeting such deadline. If you fail to do any of these things we cannot accept responsibility, having been unable to put it right immediately or investigate it at the appropriate time.
15. Travel Insurance
We do not accept any responsibility or liability for your failure to take out appropriate insurance for your holiday which must cover horse riding and related activities, cancellation, personal injury, death, medical expenses, repatriation expenses and evacuation expense irrespective of whether you are travelling in your home country or abroad. We strongly recommend that your travel insurance policy also covers personal liability, loss of luggage and personal effects. You must make sure that there are no exclusions clauses limiting protection for the type of activities included in your holiday. Insurance is your sole responsibility but Horse Happening reserves the right to ask you to provide us with the details of your travel insurance policy including the name of the insurer, policy number and emergency contact number before your departure date.
16. Liability, Guarantees and Warranties
In respect of our Services it is the Supplier who provides the Holidays and services. For some Holidays booked, Horse Happening is not the supplier of the Holidays or Merchandise. It is therefore important for you to obtain and read the Supplier’s terms and conditions applicable to the Holidays and Merchandise you purchase. Also, make sure you are aware of any exclusions or limitations of liability imposed by the Suppliers, some of which may limit or exclude liability in respect to death, personal injury, delay and loss or damage to personal property. Horse Happening has no responsibility for the Holidays or Merchandise provided by these Suppliers, nor does it make or give any warranty or representation regarding the standard of those Holidays or Merchandise. All Bookings are made subject to the terms and conditions, including limitations of liability imposed by those Suppliers. We can provide you with copies of the relevant Supplier’s terms and conditions on request. Your legal rights and claims, if any, in connection with the provision of Holidays and Merchandise are against the specific Supplier and, except to the extent a problem is caused by fault by Horse Happening, are not against Horse Happening.
Horse Happening has no liability for any act, omission or default, whether negligent or otherwise of any Supplier or third party delivering or being involved in the delivery of any Holiday. Where the Horse Happening liability cannot be excluded, such liability is limited to the amount paid for the Booking or the Merchandise purchased.
This contract and all matters arising out of it are governed by Australian Consumer Law in respect of guarantees and warranties for our Services. It is our responsibility to ensure that Services provided by Horse Happening are of acceptable quality, free from defects and fit for the purpose and if they do not fulfil any of these criteria then we will consider a refund based on each if the complaint is made to us within a reasonable period of time.
You acknowledge that horse riding and participating in horse related activities is a dangerous activity and that horses can act in a sudden and unpredictable (changeable) way, especially if frightened or hurt. Any horse can bite, buck, kick, startle, trip or slip, etc. and put the rider or handler and the horse at risk of injury or death. You understand and acknowledge that serious INJURY or DEATH may result from horse riding, whilst on the ground around horses, handling horses and during your participation in Holidays booked through the Horse Happening Platform.
Most of the Holidays and events that we promote through the Horse Happening Platform are considered risky or dangerous. Prior to Booking and getting involved in any of our Holidays or events you should be aware of the risks involved. Our Suppliers may maintain appropriate public liability insurance for all risks associated with their business. We make no warranty or representation about their business or services whatsoever. The responsibility rests with you to make independent enquiries with the Suppliers or other third parties as to the need to acquire your own insurance cover.
For insurance reasons, Horse Happening plus most of our Suppliers and landowners on which property you might be staying and riding require you to sign a waiver of liability before you attend a Holiday or event as a participant and/or spectator, passive participant or ‘fence sitter’. Please note that you will not be allowed to participate in any Holiday, event, activity or ride on any privately owned property where signing of a waiver is required and you have not returned the signed waiver form to us prior to the Holiday. We will not issue any refunds for any Holidays paid for where the participant refuses to sign the Horse Happening plus our Supplier’s liability waiver form.
To the extent permitted by law, neither Horse Happening nor any of its related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of Suppliers or other third party providers.
17. Our liability to you
We promise to use our best endeavours to ensure that all parts of the Holidays arranged as part of our contract are provided by the Suppliers to a reasonable standard and in accordance with that contract. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such claims, if we are found liable to you on any basis, is an amount equivalent to the total price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) and received by us in total. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is A$ 50 per person affected as you are assumed to have taken out adequate insurance at the time of booking.
18. Supplier Insolvency or Bankruptcy
You hereby agree and acknowledge that in the event of a third-party Supplier being unable to pay its debts, or the bankruptcy or insolvency of a Supplier in Australia or abroad then Horse Happening shall terminate this agreement with immediate effect. This means the liability is against the Supplier and the Customer does not have legal recourse against Horse Happening in these circumstances. If Horse Happening has already paid the Supplier your booking costs or part thereof prior to a Supplier being unable to pay its debts, or prior to the bankruptcy or insolvency of a third-party Supplier, Horse Happening’s only obligation to the customer, is to refund the customer the booking costs of the holiday that you have paid to us, less any booking costs Hose Happening has paid to the third-party Supplier. Booking costs which Horse Happening paid to a third-party supplier will not be refunded to the Customer and shall be forfeited by the Customer.
19. Gift Vouchers/Gift Cards
Horse Happening offers Gift Vouchers/Gift Cards which can be redeemed for any Holiday if the User fulfils the requirements to participate in the Holiday. Some of our Suppliers also offer Gift Vouchers for a specific Holiday. Gift Vouchers can be purchased and printed online. We also send out Gift Vouchers by post. Gift Vouchers/Gift Cards must be booked and used within 12 months of purchase. Once a voucher has expired, Horse Happening or our Suppliers are under no obligation to offer an extension. Extension requests will not be considered if your request is received less than 30 days before the Gift Vouchers/Gift Cards expire. Any extension request for any Gift Voucher/Gift Card that is over 3 months past the expiry date will not be considered. Expired Gift Vouchers/Gift Cards are non-refundable in whole or in part. After a voucher has expired, it is no longer valid and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of Horse Happening. We clearly display the expiry date on our Gift Vouchers/Gift Cards.
20. Ratings and Reviews
By submitting any images, photographs, content to Horse Happening you represent and warrant that:
- You have personally participated in the Holidays which you are reviewing.
- You are the author and owner of the intellectual property rights of the content of your review, and that the content of your review does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- For any content that you submit, you grant Horse Happening and the Supplier of the Holiday the perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you;
- All moral rights you may have in such content have been voluntarily waived by you (including rights of attribution or integrity) that may subsist in your content and agree you have no objection to the publication, use, modification, deletion or exploitation of your content by Horse Happening;
- You have not been compensated or granted any consideration by any third party for your review, and that you are providing your review in good faith and in the spirit in which the process is intended;
- Use of the content you supply does not violate these T&Cs and will not cause injury to any person or entity;
- The content you provide to Horse Happening is not false, inaccurate or misleading; does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) does not contain any content which is defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
- The content you provide does not contain any obscenities, discriminatory language, or other language not suitable for a public forum; advertisements, “spam” content, or references to other products, offers, or Websites; email addresses, URLs, twitter handles, phone numbers, physical addresses or other forms of contact information; critical or spiteful comments about other reviews posted on the page or their authors or violates other guidelines:.
You agree to indemnify and hold Horse Happening (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (direct or indirect) including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
All content that you submit will be used at our sole discretion. We reserve the right to change, shorten or delete any content on the Horse Happening Platform that Horse Happening deems, in its sole discretion, to violate the content guidelines or any other provision of these T&Cs. We do not guarantee that you will have any recourse through us to edit or delete any content you have submitted. You acknowledge that you, not Horse Happening, are responsible for the contents of your submission. None of the content that you submit will be subject to any obligation of confidence on the part of Horse Happening, its Suppliers, agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Horse Happening and its Suppliers may use your email address to contact you about the status of your review and other administrative purposes.
Customer reviews are important to us. At certain points in time we might offer customers incentives to leave reviews. It is of utmost importance to us that reviews are impartial and honest, and we will make these incentives available to participants and customers regardless of whether the review is positive or negative.
21. Photos, Images and Content
Photographic images are reproduced with the permission of Horse Happening and the Suppliers represented on the Horse Happening Platform, or as shown where necessary to satisfy the copyright obligations associated with their electronic reproduction.Users and Suppliers submitting any form of content automatically confirm to us, that they own the rights to the User and Supplier Content provided to us.
Users confirm that they are the author and owner of the intellectual property rights of the User Content they provide and that it does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. For any content that you submit, you grant Horse Happening and the Supplier of your Holiday or Holidays a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. Where joint copyright is held over proprietary text or images, we reserve the right to pursue all copyright infringements on behalf of the primary copyright holder. Where the copyright for a photographic image is held exclusively by a third party under licence, we reserve the right to vigorously protect the copyright of those images on behalf of the third party.
If you provide us with any customer feedback or photos, you take full responsibility that you own the rights to these images and content and you will give us the right to publish these images on the Horse Happening Platform. This includes any images or photos which you might supply to participate in one of our monthly prize draws.
You give Horse Happenings and its Suppliers the right to take photographs of you during your participation in any Holiday or during your Holidays and to use these images and any customer reviews you provide us with and comments for publishing. If you don’t want to be photographed, you must inform us in writing prior to making a Booking.
23. Entire Agreement and Severability Clause
These T&Cs contain the entire agreement between the parties in relation to its subject matter. If at any time any part of these T&Cs is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same will be deemed omitted from these T&Cs and the validity and/or enforceability of the remaining provisions of these T&Cs will not in any way be affected or impaired as a result of that omission.
Horse Happening reserves the right to change or update these T&Cs from time to time without prior notice to you. The current version of the T&Cs will be displayed within the Horse Happening Platform from the date on which any changes come into effect. Continued use of the Website following any changes to the T&Cs will constitute your acceptance of such changes.
These T&Cs, as well as any relation between Horse Happening and the User, are governed by Australian law. In the event of any dispute between Horse Happening and the User, the User agrees that any dispute, claim, or other matter which arises out of or in connection with this contract or the Experience and Holiday will be dealt with under the provisions of the Commercial Arbitration Act 2011 of the State of Victoria.
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