Terms and Conditions
Xperience Travel Pty Ltd - Terms and Conditions
The following are the terms and conditions of trade of Xperience Travel Pty Ltd ACN 671 407 006 (Xperience). These conditions apply to any individual or company who makes a booking with Xperience. Xperience is the seller of luxury boat charters in the Maldives facilitated by Xperience (Charters) and other ancillary items. All dealings with Xperience will be subject to these Terms of Trade (Terms) unless otherwise agreed in writing by Xperience. These Terms are also subject to revisions without notice and any such change will apply to any future agreement with Xperience.
These Terms alongside any other document provided by Xperience to persons taking part in the Charters (Client) comprise the Agreement between Xperience and the Client or any other person acquiring a product or service from Xperience.
1. Payment terms
- 1.1 At the time of booking, a 30% non-refundable deposit (Initial Deposit) is required to secure a place on a Charter.
- 1.2 The outstanding booking amount (Remaining Balance) must be paid in the timeframe before the scheduled Charter as specified by Xperience, which is likely to be between 60 and 90 days before the scheduled Charter. The parties agree that the applicable timeframe is dependent on the terms of Xperience’s agreement with their on-supplier for the relevant Charter, as some require earlier payment from Xperience than others. Clients will be advised at the time of their booking when they will be required to pay the Remaining Balance. Failure to pay the Remaining Balance in full by this time will result in the cancellation of the booking, and the Client will not be refunded the Initial Deposit paid.
- 1.3 The parties acknowledge and agree that, in the event of a cancellation under clause 1.2, Xperience’s retention of the Initial Deposit is a genuine pre-estimate of loss due to the fact that Xperience pays its on-suppliers for the Charter a 30% non-refundable deposit for each Client.
- 1.4 All payments made to Xperience must be in USD and Xperience requests that Clients make payment to Xperience through OFX which is a global money transfer and financial platform. OFX payments can be made by making an account through their website (International Money Transfer | Unlock bank-beating rates). Any associated transaction fees or currency conversion costs are the responsibility of the Client.
- 1.5 All prices listed are subject to availability and may change without prior notice. Xperience reserves the right to adjust pricing in the event of currency fluctuations, changes in local taxes, increases in supplier rates, or other unforeseen factors. Any changes will be communicated to the client before final payment is due.
- 1.6 The price of the charter does not include airfares, insurance, visas, personal expenses, or any other items not explicitly mentioned as included in the itinerary or booking confirmation.
2. taxes
- 2.1 All prices are inclusive of local taxes unless otherwise stated. Clients are responsible for any additional taxes, fees, or levies imposed by local authorities or service providers during their travels.
- 2.2 Xperience reserves the right to adjust pricing in the event that there are changes to local taxes and associated fees imposed by local authorities or service providers as a result of such changes.
3. Cancellation, Refunds and Complaints
- 3.1 Cancellation by the Client
- (a) If a Client wishes to cancel their booking, they must submit a request in writing (Cancellation Request).
- (b) Clients who submit a Cancellation Request before the date on which their Remaining Balance falls due, will receive a refund, less the Initial Deposit. The parties acknowledge and agree that, in the event of a cancellation under this clause 3.1, Xperience’s retention of the Initial Deposit is a genuine pre-estimate of loss due to the fact that Xperience pays its on-suppliers for the Charter a 30% non-refundable deposit for each Client.
- (c) Xperience will not issue refunds for Cancellation Requests made after the date on which the Client’s Remaining Balance falls due, unless otherwise agreed in writing.
- (d) Should a Client wish to make a claim or refund request after the conclusion of a Charter, such request must be submitted in writing within 30 days of the conclusion of the Charter. Refunds, if applicable, will be processed at the discretion of Xperience and the respective charter operator, acting reasonably.
- (a) If a Client wishes to cancel their booking, they must submit a request in writing (Cancellation Request).
- 3.2 Cancellation by Xperience
- (a) Charters will not proceed if Xperience decides, in its absolute discretion acting reasonably, whether for health, safety, or security reasons or other reasonable reasons, including but not limited to restrictions on occupancy and/or movement imposed by a government or government department, a governmental, semi-governmental or judicial person or a person (whether autonomous or not) charged with the administration of any applicable law (Government Agency), to cancel a Charter.
- (b) If Xperience cancels a Charter for any of the above reasons, the Clients will be re-scheduled at their convenience, issued with a credit voucher, or reimbursed the price paid for the Charter, less any associated administration and cancellation fees, but will otherwise have no claim whatsoever against Xperience (including no claim for travel expenses or other incidental expenses) relating to the cancellation of a Charter.
- (c) Xperience is not responsible for any disruptions caused by adverse weather conditions. Clients are encouraged to monitor weather forecasts and purchase travel insurance that includes weather-related coverage.
- (a) Charters will not proceed if Xperience decides, in its absolute discretion acting reasonably, whether for health, safety, or security reasons or other reasonable reasons, including but not limited to restrictions on occupancy and/or movement imposed by a government or government department, a governmental, semi-governmental or judicial person or a person (whether autonomous or not) charged with the administration of any applicable law (Government Agency), to cancel a Charter.
- 3.3 Changes to Bookings
- (a) Bookings are specific to the date of the Charter that the Client has booked and are non-transferrable unless otherwise agreed in writing by Xperience.
- (b) Should a Client wish to change their booking to another Charter date, they must make a request to Xperience in writing before the day on which the Remaining Balance is due.
- (c) Any changes to a Client’s booking are at Xperience’s sole discretion, and may only be granted if Xperience are able to on-sell the Client’s place on the Charter to another individual.
- (a) Bookings are specific to the date of the Charter that the Client has booked and are non-transferrable unless otherwise agreed in writing by Xperience.
- 3.4 Complaints
- (a) In the event of dissatisfaction with any part of the service provided, the Client should notify Xperience immediately.
- (b) Complaints must be made in writing and submitted within 30 days of the trip’s conclusion. Xperience will investigate all complaints and work towards a satisfactory resolution.
- (a) In the event of dissatisfaction with any part of the service provided, the Client should notify Xperience immediately.
4. Travel Insurance
- 4.1 Xperience highly recommends that all Clients take out comprehensive travel insurance with a reputable provider prior to the date of travel. Xperience is not liable for any loss, damage or injury not covered by insurance unless otherwise provided by these Terms.
- 4.2 The insurance should include, but not be limited to, cover for:
- (a) cancellation and curtailment;
- (b) all medical expenses, including evacuation and repatriation;
- (c) personal baggage;
- (d) personal liability;
- (e) death and permanent disability; and
- (f) travel document insurance.
5. Xperience’s Liability
- 5.1 Nothing in these Terms excludes, limits, or modifies any condition, guarantee, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, limited or modified. This may include Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which contains guarantees that protect the purchasers of goods and services in certain circumstances. Subject to the preceding sentence, express or implied guarantees, representations, conditions, warranties and other provisions relating to these Terms or provision of products and services as contemplated by these Terms are excluded from these Terms to the maximum extent permitted by law.
- 5.2 If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms under the Australian Consumer Law or any other applicable legislation and cannot be excluded (Non-Excludable Provision), and Xperience is able to limit remedy for a breach of that Non-Excludable Provision, then the liability of Xperience is limited to one or more of the following at Xperience’s election:
- (a) supply of the services again; and/or
- (b) payment of the cost of having the services supplied again.
- 5.3 The Client acknowledges that the Charter is a recreational activity that involves an element of risk and Xperience cannot guarantee the Client’s health and safety. These risks include the risk of physical injury or death, the inducement or exacerbation of medical conditions, mental harm or distress and damage to their property. The Client acknowledges that their health, ability and conduct will affect such risks.
- 5.4 Section 139A of the Competition and Consumer Act 2010 (Cth) in certain circumstances permits a term of a contract for the supply to a consumer of recreational services to exclude liability of the supplier pursuant to sections 60 to 63 of the Australian Consumer Law for death or personal injury in relation to that supply. To the extent permitted by section 139A, Xperience excludes all liability for death or personal injury in relation to supply or recreational services. For the avoidance of doubt, this clause will be read so as to only exclude those types of injuries which section 139A(3) permits be excluded.
- 5.5 Subject to clauses 5.1, 5.2 and 5.6:
- (a) to the extent the Charter is a “recreational activity”, “recreational service” or the like under any applicable law, and to the extent permitted by law, Xperience (and its respective directors, employees, agents, sub-contractors, associates and assignees) (Associates) exclude all:
- (i) liability under any applicable statutory guarantee (including but not limited to guarantees under the Australian Consumer Law); and
- (i) liability under any applicable statutory guarantee (including but not limited to guarantees under the Australian Consumer Law); and
- (b) express or implied warranties and conditions, including without limitation that the Charter will be provided with reasonable care and skill; the Client, absolutely, unconditionally and irrevocably releases and indemnifies Xperience and its Associates from and against all action, proceedings, claim, demands, costs, losses, damages and expenses suffered or incurred by Xperience and its Associates arising out of or in connection with any participation in the Charter to the extent permitted by law;
- (c) Xperience and its Associates will not be liable for any costs, losses, damages and expenses that may be suffered or incurred in connection with the Client’s participation in the Charter or their presence on the boat being chartered; and
- (d) these Terms may be pleaded by Xperience and its Associates in bar to any actions, proceedings, claims or demands arising out of or in connection with the Client’s participation in the Charter or their presence on the boat being chartered.
- (a) to the extent the Charter is a “recreational activity”, “recreational service” or the like under any applicable law, and to the extent permitted by law, Xperience (and its respective directors, employees, agents, sub-contractors, associates and assignees) (Associates) exclude all:
- 5.6 Nothing in this clause 5 above limits or excludes the liability of Xperience and its Associates for any costs, losses, damages or expenses to the extent arising as a result of fraudulent or reckless conduct of Xperience and its Associates, nor any liability of Xperience and its Associates that cannot be excluded under the applicable law.
6. Third Party Services
- 6.1 Xperience is not responsible for any act or omission by a third-party service provider. This may include, but is not limited to, the use of any:
- (a) Boat charter operators;
- (b) Travel agencies; and/or
- (c) Transportation operators (including any flight operators or ground transportation operators).
- 6.2 Xperience encourages the Client to verify any transportation details directly with third-party operators. Xperience is not responsible for communicating any delays, cancellations, or changes to transportation arrangements provided by third-party operators, such as any changes to flights, transfers or ground transportation.
- 6.3 The Client agrees to indemnify, and hold Xperience harmless, from and against all claims, expenses, loss, damage or delay arising out of or in connection with any act or omission by any third-party service providers used by the Client.
7. Force Majeure
- 7.1 Xperience will not be in breach of these Terms, and shall not be held liable for any circumstances which prevent, hinder or delay the performance of its obligations under the Agreement beyond its reasonable control, including but not limited to (hereinafter referred to as a Force Majeure Event):
- (a) Acts of Gods, such as extreme weather events including cyclones, fire, earthquakes, landslides, or other adverse weather conditions;
- (b) Epidemics as characterised by the applicable government department of health (including restrictions, regulations or directives imposed by a Government Agencythe Commonwealth or any State Government or Authority);
- (c) War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest;
- (d) Action or inaction of any government or government authority (including any court of competent jurisdiction);
- (e) National emergency (whether in fact or law); or
- (f) Strikes, industrial disturbances, or other labour difficulty, whether or not involving employees of Xperience.
- (a) Acts of Gods, such as extreme weather events including cyclones, fire, earthquakes, landslides, or other adverse weather conditions;
- 7.2 If a Force Majeure Event affects Xperience from partially or wholly complying with its obligations, then:
- (a) as soon as reasonably practicable after the Force Majeure Event arises, Xperience must notify the Client of the Force Majeure Event;
- (b) to the extent, and for the period, that Xperience is precluded by the Force Majeure Event from complying with its obligations, those obligations will be suspended for the duration of the Force Majeure Event; and
- (c) Xperience will not be liable to the Client for any loss, inconvenience, delay or damage in resulting from the occurrence of a Force Majeure Event.
- (a) as soon as reasonably practicable after the Force Majeure Event arises, Xperience must notify the Client of the Force Majeure Event;
8. Your Responsibility
- 8.1 Clients are responsible for:
- (a) ensuring they hold valid travel documents, including passports, visas, and health certificates, for their travel destinations;
- (b) compliance with all travel restrictions, health protocols, and quarantine requirements;
- (c) reviewing any travel advisories or warning issued by any authorities;
- (d) ensuring they meet health requirements for their destination, including obtaining any required vaccinations or other preventative measures;
- (e) compliance with all local laws and regulations during their trip and Charter; and
- (f) the safety and care of their personal belongings.
- (a) ensuring they hold valid travel documents, including passports, visas, and health certificates, for their travel destinations;
9. Requirements to Participate
- 9.1 You warrant that you, and any guests that you have made a booking for:
- (a) are over the age of 18 years;
- (b) are of sound mind and in good health (Clients may be required to undergo a test to assess whether they are capable of participating in the Charter);
- (c) will not consume, possess or deal in any way with any controlled or illegal substances on board the Charter; and
- (d) will drink alcohol on board the Charter responsibly.
- (a) are over the age of 18 years;
- 9.2 Prior to boarding a Charter, all persons including Clients may be required to undergo a health assessment.
- 9.3 All Clients must carefully observe any on board safety demonstrations or recommendations. Full attention must be given to staff during these demonstrations.
10. Photography and Advertising
- 10.1 Xperience reserves the right to take photographs and/or video images or engage a third-party service provider to take photographs and/or video images, before, during and after the Charter and use them for advertising and social media purposes.
- 10.2 You consent to Xperience’s use of photographs and/or video images of you, including images taken by you or other guests on the Charter, for the purposes of advertising and promoting a Charter.
- 10.3 Xperience may use such photographs and/or video images in advertising, websites, and social media sites (including, but not limited to, Instagram, Facebook and Twitter) for marketing and promotional purposes. You consent to the publication of these photographs and/or video images, and you waive any claims against Xperience for the use of such photographs and/or video images.
11. Governing Law
- 11.1 This agreement is governed by the laws of Queensland, Australia. Xperience and each Client submit to the non-exclusive jurisdiction of the Courts of Queensland and the Commonwealth of Australia in respect of this agreement and any dispute between them.
12. Acknowledgement
- 12.1 By booking with Xperience, you acknowledge that you have read, understood, and agree to these Terms.
