(i)have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) are authorised to use the debit or credit card included in your order.
(i)undertake all Activities in accordance with all oral and written instructions given to them by DACA Tours or its personnel;
(ii) communicate with DACA Tours as reasonably requested for the purpose of enabling DACA Tours to provide the Activities;
(iii)on the start date of an Activity, arrive promptly at the pick-up point, and on or before the pick-up time, notified to you by DACA Tours;
(iv)provide DACA Tours with all documentation, information and assistance reasonably required for DACA Tours to provide the Activities;
(v)comply with any safety guidelines and rules that DACA Tours’ personnel provide to them; and
(vi)stop participating in any Activities, and alert DACA Tours or its personnel, if they have any concerns about their health or safety.
(i)as part of the Activities;
(ii)while the Customer is being supervised by DACA Tours’ personnel;
(iii)in accordance with DACA Tours’ directions;
(iv)in a proper and skilful manner;
(v)in accordance with the Vehicle manufacturer’s requirements, recommendations and instruction manuals; and
(vi)in accordance with all laws, rules and regulations applicable to the Vehicle and its use.
(i)use the Vehicle for any dangerous or illegal purpose, contest or performance test;
(ii)allow the Vehicle to be driven by anyone else;
(iii)use or allow the Vehicle to be used while the driver is under the influence of alcohol or drugs;
(iv)use the Vehicle when it is damaged or unsafe;
(v)make any alterations to the Vehicle;
(vi)affix or install any accessories, equipment or device on or to the Vehicle without DACA Tours’ prior written consent; or
(vii)use the Vehicle for the conveyance or towing of any load unless the Customer receives DACA Tours’ prior written consent and the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured.
(i)promptly report the incident to the local police (if required by law);
(ii)promptly report the incident in writing to DACA Tours;
(iii)not, without DACA Tours’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the incident, except as required by law;
(iv)permit DACA Tours or an insurer to bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the incident; and
(v)provide to DACA Tours, within a reasonable time, any statement, information or assistance which DACA Tours or an insurer requests, including by attending a lawyer’s office or a court to give evidence.
(i) if the Vehicle is your Vehicle (which DACA Tours has approved), loss or damage to the Vehicle during the Activities, or otherwise while the Vehicle is in your possession, is your responsibility, and you release DACA Tours from all liability in respect of such loss or damage, and waive any and all claims or liabilities of any nature you may have against DACA Tours in this regard;
(ii)while insurance exists in relation to the Vehicle (provided it isn’t your Vehicle), such insurance may not cover the Customer or the Customer’s use of the Vehicle and DACA Tours will have no obligation or requirement to insure the Customer’s use of the Vehicle under these Terms;
(iii)unless it is your Vehicle, if the Vehicle is damaged, destroyed or stolen during the Activities, or otherwise when the Vehicle is in the Customer’s possession, the Customer must compensate DACA Tours for any costs of repair or replacement in relation to any loss, theft, damage or destruction;
(iv)if the Vehicle is damaged, destroyed or stolen during the Activities, or otherwise when the Vehicle is in the Customer’s possession, and such damage, destruction or theft is covered by and compensated to DACA Tours under an insurance policy, then the Customer must pay the relevant excess amount to DACA Tours, as well as any other reasonable costs that DACA Tours incurs in relation to such damage, destruction or theft;
(v)DACA Tours will invoice the Customer for any payment required to be made in under clause 2.3(g) and such an invoice will be payable immediately. The Customer must provide a proof of payment to DACA Tours as soon as the payment is made;
(vi)the Customer must not do or permit anything to be done which may make the insurance in respect of the Vehicle invalid or able to be cancelled or which may increase the relevant insurance premiums; and
(vii)if the Customer does anything which causes an insurance provider to decline to accept responsibility for any loss of, or damage to, the Vehicle arising during the Activities, or otherwise when the Vehicle is in the Customer’s possession, then the Customer will be responsible for the costs of repair or replacement of such loss or damage.
(i)if a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at DACA Tours’ option, DACA Tours may remove or satisfy the lien at the Customer’s cost; and
(ii)a security interest, lien or charge that arises by law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Vehicle will be free of the lien or charge.
The Customer warrants that they:
(i)in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii)in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
DACA Tours’ liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims be only for economic loss, or for personal injury or other damage) arising under or in connection with these terms or the Activities:
(i)releases DACA Tours from and waives any and all claims or liabilities of any nature they may have against DACA Tours arising from such an event; and
(ii)agrees to indemnify, defend and hold harmless DACA Tours and any of its personnel or agents against any and all claims made by any third party arising from such an event, where the circumstances giving rise to such claim were caused or contributed to by the Customer.
(i)any breach of these Terms by the Customer; or
(ii)any negligent, fraudulent or criminal act or omission of the Customer or its personnel.
(i)if DACA Tours issues an invoice to you, payment must be made by the time specified in such invoice;
(ii)in all other circumstances, you must pay for all Activities in two instalments, as follows:
A.a first instalment in the amount specified on the Website, payable up front using the functionality of the Website (Deposit); and
B.a second instalment in the amount, and payable before the date, specified in a Purchase Order (Second Instalment); and
(iii)you must not set off any money alleged to be owing by DACA Tours against money due by you to DACA Tours.
(i)that we may use third-party payment providers, such as Stripe.com, (Payment Providers) to collect payments for the Activities. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(ii) to release DACA Tours and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Payment Provider, including any issue with security or performance of the Payment Provider’s platform or any error or mistake in processing your payment.
To the maximum extent permitted by applicable law, if DACA Tours has accepted a Purchase Order in respect of an Activity, you have paid any fees to DACA Tours for that Activity, and you subsequently seek to cancel the Activity, then the fees will be dealt with as follows:
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where any payment has already been debited, the full amount will be credited back to your original method of payment.
In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
DACA Tours may subcontract any aspect of providing the Activities and the Customer hereby consents to such subcontracting.
DACA Tours will not be liable for any delay in performing its obligations or for a failure to perform its obligations under these terms if the delay or failure resulted from unforeseeable circumstances beyond its reasonable control including where third parties’ goods or services are used in performing the Activities and they fail to deliver or are subject to delays, errors or system updates, and including any weather event, predicted weather event other unforeseeable event which would, in the opinion of DACA Tours, make any of the Activities dangerous or undesirable.
(i)(singular and plural) words in the singular includes the plural (and vice versa);
(ii)(gender) words indicating a gender includes the corresponding words of any other gender;
(iii)(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(iv)(person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(v)(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(vi)(these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(vii)(document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(viii)(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(ix)(includes) the word “includes” and similar words in any form is not a word of limitation; and
(x)(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.