Terms and Conditions

The Holistic Hen (we, us) provides a travel booking and advisory service which will allow you, and your co-travellers (e.g. friends), (you, your) to purchase travel products (e.g. transport, accommodation, tours, dining and events) from third party travel service suppliers (travel provider) individually or as part of a package of travel products. We act as agent for the travel providers of travel products, whose terms and conditions of supply (including cancellation, variation and refund terms) will apply to your travel booking in addition to these terms and conditions.

Your legal rights in connection with the provision of travel services are against the specific travel provider and, except to the extent that loss or damage is caused by our negligence, are not against us. Specifically, if for any reason (excluding negligence on our part) any travel provider is unable to provide the services for which you have contracted, your rights are against that travel provider and not against us.

We do not warrant the accuracy, completeness, suitability or reliability of any information, service or product advertised or otherwise listed on our website or as may be provided by a travel service. It is your responsibility to ensure that the travel products purchased are suitable for your specific needs.

Our website may contain links to other websites maintained by travel providers. We are not responsible for and do not operate or control any information or services provided on such websites. The links are provided solely for convenience and do not constitute an endorsement by us. We shall not be liable for, either directly or indirectly, any loss or damage occasioned to you relating to such websites, including (but not limited to) the purchase by you of any travel products from any such sites.

COVID POLICY

We require 7 days’ notice if you or any persons you are travelling with contracts COVID and cannot partake of the travel product purchased. 

If 7 or more days’ notice is given (28 or more for bookings relating to the Yallingup Retreat), you will be offered a credit note (to be used at a later time). The travel provider reserves the right to withhold some monies to cover administrative expenses and other losses, dependent on when notice of cancellation is given by you.

Travel insurance is recommended to cover any losses you may incur for cancellations due to COVID.

NON COVID CANCELLATION POLICY

In the event that you cancel a confirmed booking with us, the following conditions will apply:

  • Deposits are non-refundable.
  • Where the booking is cancelled less than 30 days but more than 14 days before the scheduled commencement of your travel product, no refund will be provided but you may defer your booking which must then be used within 12 months. Except in the case of bookings for Yallingup Retreat where no less than 30 days’ notice is required.
  • Where the booking is cancelled less than 14 days before the scheduled commencement of your travel product, no refund will be provided.
  • No refund will be provided for any unused portion of a travel booking.

Note that the travel provider may also have terms and conditions relating to cancellations and we recommend that you read and understand those terms and conditions that may also be applicable to your confirmed booking. Any and all fees charged by the travel provider to us or otherwise are your sole responsibility and must be paid by you.

Where possible, we will endeavour to advise you as soon as possible if the travel provider is no longer able to provide the travel product, as enquired or as booked by you. We recommend that you read and understand the travel providers terms and conditions as these relate to any variation, force majeure event or cancellation of your booked travel product. Any and all fees charged by the travel provider in this regard are your sole responsibility and must be paid by you. We are otherwise not responsible for any direct or incidental expenses incurred by you as a result of the cancellation or amendment of a travel provider’s travel product, or any part thereof.

We have the right to cancel a booking if the minimum numbers required for an event to go ahead are not met. If this does occur, we will refund any payments made towards the cancelled booking in full. We are otherwise not responsible for any direct or incidental expenses incurred by you as a result of the cancellation of a booking, or any part thereof.

VACCINATION REQUIREMENTS

You shall comply with all Government (Federal and State) COVID-19 vaccination or testing requirements for entry into Western Australia or to access a travel provider’s premises, event or service. Where you do not meet a vaccination or testing requirement:

  1. (a)  prior to departure from your home location, you will forfeit any and all monies paid; or
  2. (b)  for entry to the event or venue or access to the service, you will not be granted entry and will forfeit any and all monies paid.

Where you cancel a booking due to travel restrictions other than vaccination or testing requirements, you will be contacted and offered a refund or credit note (to be used at a later time), where such an offer is at the absolute discretion of us and or the travel provider. The travel provider reserves the right to withhold some monies to cover administrative expenses and other losses, dependent on when notice of cancellation is given by you.

BOOKING VARIATIONS

If you request a variation to a booking request, after we have issued a Booking Confirmation, then we will use all reasonable endeavours to alter your booking as requested but do not warrant or promise that we can do so. A variation fee of $50 per booking will apply to each variation requested. If we advise you that the variation is not able to be included then you may cancel your booking, subject to the cancellation terms set out above.

We reserve the right to:

  • cancel or modify any routes within the itinerary or objectives set out in the itinerary;
  • substitute different or equivalent routes within the itinerary in place of cancelled or modified routes; and or
  • postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the booking if in our absolute discretion it is necessary to do so.

In the event of any change, modification, cancellation, postponement or delay you acknowledge that you will have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, cancellation, postponement or delay.  Travel insurance is recommended to cover any losses you may incur in relation to any such change, modification, cancellation, postponement or delay.

 BOOKING REQUESTS

By making a booking enquiry or request with us, either online or by email or phone, you agree and it is deemed that you have read, understood and accepted these terms and conditions.

Once you have made a booking with us, we will send to your nominated email address a “Booking Confirmation” with details of your booking. You must immediately read and check our “Booking Confirmation” and inform us of any errors or variations required. We assume all booking details provided by you are correct at time of booking and will not accept any responsibility for any errors made on your behalf.

We are entitled to and will rely on the position that the person making a booking for themselves and any other person, has authority from those other persons to act on their behalf and to bind those persons to these terms and conditions. At the time of making a booking enquiry or request, you must give us the names and email addresses of your co-travellers (e.g. friends), each of who is then deemed to be subject to these terms and conditions, as if they had lodged a booking enquiry or request with us directly themselves.

We will check the availability of travel products before taking your booking request but we do not warrant or promise that your booking request is available for booking. Your booking request is subject to availability and confirmation of your booking with the travel provider.

DEPOSITS AND BOOKINGS

All prices are only guaranteed once your booking has been paid for in full by you. Prices quoted are not within our control and are subject to change.

Our Booking Confirmation will specify the amount of the deposit that we require in order to confirm your booking with the travel provider of the travel product booked. We will endeavour to provide to you any relevant cancellation and travel variation conditions that are imposed by the travel provider.

Once the deposit is paid to us, we will confirm your booking with the relevant travel provider.

In the event that a member of the confirmed booking is unable to participate in the travel product:

  • the cancellation terms mentioned above will apply in relation to that person; and
  • the total cost of the booking will need to be reassessed on a per person basis and additional fees may apply to the booking.

PAYMENTS

Our Booking Confirmation will detail the amounts and required timing for your payment or payments for your booking. Your failure to pay strictly in accordance with those requirements may result in a cancellation of your booking.

You and any person travelling with you may pay us directly by credit card (Mastercard and Visa) or by Direct Deposit by internet bank transfer.

Payments by Credit Card and Debit Card will accrue a surcharge of 2% on all payments.

Bank fees, credit card charges, Paypal fees, exchange rates and any other fees and charges incurred by transferring money from you to us and us to the travel provider are your sole responsibility and are payable by you. You authorise us to charge all fees incurred by you in relation to the travel product booked to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.

Any expenses, costs or disbursements incurred by us in recovering any monies payable by you, including dishonoured cheques, debt collection agency fees and solicitor’s costs shall be paid by you.

If you choose to save your credit card details with us, we will use our best endeavours to securely store them and you authorise us to use those details for your future transactions with us (including transactions agreed over the phone or by email). You can request us to delete and or destroy your saved credit card details at any time.

TRAVEL INSURANCE

We recommend that you and any other persons travelling with you obtain suitable travel insurance, which ideally should include cover for all costs associated with the your booking, including but not limited to medical expenses, loss of luggage, loss during the event, airfare and accommodations charges and any other loss or expenses that may be occurred due to cancellation, delay or impossibility of performance of your travel product. 

WARRANTIES 

You warrant that you:

  • are in good health and mental and physical condition;
  • have disclosed to us every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to the booking (including but not limited to pre-existing medical conditions, prescribed medications, allergies and previous injuries);
  • will notify us in writing immediately upon any adverse change in your health or mental and physical fitness that may be likely to affect the booking;
  • permit us to disclose medical information to any consultant doctor or other health professional;
  • will obtain a medical clearance from a health professional upon request by us in our absolute discretion.
  • have and will comply with all applicable laws, including in relation to entry to and within the location of the travel products;
  • have and will comply with all lawful directions given by us and or the travel provider;
  • will adhere to all social distancing requirements and hygiene standards as implemented by us from time to time, including (but not limited to) undertaking a temperature test via a non-contact thermometer and or any other test that is available prior to commencing the booking and at any time during the booking;
  • are solely responsible for having required medication (including epi-pens for allergies) with you and for advising us of such medication prior to commencing the booking;
  • there are no legal or other restrictions preventing you from agreeing to these terms and conditions;
  • the terms and conditions apply to the booking only;
  • acknowledge that you may be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in your daily life and by making the booking and purchasing the travel product you acknowledge you have considered the potential risks, dangers and challenges, and expressly assumes those risks. You are solely responsible for acquainting yourselves with customs, weather conditions (including cyclones, volcanos and other inclement weather), road conditions, physical challenges, accessibility and laws in effect at the location of the travel products;
  • acknowledge that the location and nature of the booking and the travel product, including (but not limited to) natural hazards, weather, environment, geography, and flora and fauna encountered while using or participating in the travel product, may involve a significant amount of personal risk and you hereby assumes all such risk;
  • are responsible for ensuring you are eligible for entry to the location of the travel product and all locations therein, including (but not limited to) ensuring compliance with travel requirements such as obtaining a valid passport and or VISA;
  • will cooperate with us and provide us with information that is reasonably required and necessary as requested by us from time to time, to enable us to carry out the booking and will comply with such requests in a timely manner; and
  • the information provided by you is true, correct and complete.

LIABILITY & RESPONSIBILITIES

We will use all due care and skill in providing to you a booking and advisory service for your travel needs. However, subject to the application of any consumer guarantees that at law cannot be excluded, we will not be responsible for or liable to you or your co-travellers for any of the following matters that arise during or as a result of your travel product booked through us:

  • Any injury or illness
  • Any loss or damage to property
  • Any cancellation or alteration to your booking made by a travel provider
  • Your displeasure with any aspect of your travel
  • The omission of any aspect of your travel by a travel provider
  • Any component of travel which you book or which is booked for you by someone else
  • Your failure to obtain country visas or inoculations where required, whether recommended by us or not
  • Your passport having expired or having an insufficient remaining validity period.

You, and any person travelling with you, releases, waives, discharges and indemnifies us from any and all claims and actions (of any kind), which may be made by you or a third party, or on your behalf, for loss, in any way related to the travel product, the travel provider and or any services provided by or through them, including but not limited to property loss or damage, bodily injury or death.

You indemnify us against any liability that we may have to travel providers as a result of any failure on your part to make a payment or for any damage or injury that you may cause during or arising from your participation in the travel product.

We shall not be liable for any third-party service, closure of any activity or the insolvency of the travel provider or any other party that may be involved in providing the travel product.

We shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, whether arising under breach of contract, negligence (commission, omission or advice), and strict liability or otherwise. The liability of us resulting from a breach of any warranty unable to be excluded by law is strictly limited to the total value of your booking (or your portion thereof) This release from liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under those consumer laws, including under the Competition and Consumer Act 2010 (Cth).

FORCE MAJEURE

“Force Majeure Event” means any act of God, war, terrorism, fire, flood, cyclone, volcanos 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 our services beyond our control.

If any Force Majeure Event results in us being prevented from, or delayed in, performing any of our obligations to you:

  • then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon us under these terms and conditions or at law;
  • no loss or damage shall be claimed by you from us by reason thereof; and
  • we shall use our best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.

In the event of a Force Majeure Event, we, in our absolute discretion, may cancel the whole or part of a booking and request you depart any tour included in the booking.

ACKNOWLEDGEMENTS

You acknowledge that you are 18 years of age or older and that you understand and agree with the above Terms and Conditions and our Privacy Policy.

These terms and conditions are governed by and shall be construed in accordance with the laws of the State of Western Australia.

The parties irrevocably submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:

  • for determination of any dispute claim or demand; or
  • with respect to any proceedings which may be brought at any time relating to these terms and conditions or your booking.

You waive any objection you may now or in the future have to the venue of any proceedings, and any claim you may now or in the future have that any proceedings have been brought in an inconvenient foru