Terms & Conditions
These are the Terms and Conditions on which Bibliocarta Pty Ltd ACN 681 388 401 provides the Trip to you. This document (“Terms and Conditions”) contains the terms in which we will plan and arrange your Bibliocarta Trip.
Please read the following Terms and Conditions carefully.
You must not make any booking unless you understand and agree with the terms
contained within this document. By booking a Trip with us, you are deemed to have agreed to these booking conditions (which constitutes the entire agreement between you and Bibliocarta) and your booking will be accepted by us on this basis. We will rely on the authority of the person making the booking to act on behalf of any other travellers on the booking and that person will bind all such travellers to these Terms and Conditions. Some products and services included in the Bibliocarta Trip may have their own specific governing terms and conditions, these shall apply in addition to the Terms and Conditions listed below. A summary of these additional terms and
conditions may be available during the Trip planning process. Questions regarding additional terms and conditions relating to the product or service purchased, not explicitly shown on our site www.bibliocarta.com.au, should be directed to us by email to info@bibliocarta.com.au.
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1. Definitions
1.1 “Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).
1.2 “Cancellation Fee” means a charge imposed by Bibliocarta when a booking is cancelled. This fee helps cover administrative costs and any non-refundable deposits or commitments made on behalf of the guest. The amount of the cancellation fee will vary depending on the timing of the cancellation. In some cases, the cancellation fee may include part, or all any deposit or partial payments already made.
1.3 “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue. A Force Majeure Event includes a cancellation by a Trip Host outlined in clause 8.4.
1.4 “Third Party Supplier” means activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors and individuals to assist in the running of our trips as agent for these third parties.
1.5 “Trip” means the curated travel package designed and assembled to include travel itinerary, accommodations, and activities. The specifics of each trip, including but not limited to duration, destinations, and included services, are delineated in the promotional materials and itineraries provided by Bibliocarta Pty Ltd.
1.6 “Us/We/Our” means Bibliocarta Pty Ltd (ABN 92 681 388 401) for the purposes of these Terms and Conditions.
1.7 “You and Your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
2. Pricing
2.1 All prices are subject to availability and can be withdrawn or varied without notice. Prices provided by way of quote are only guaranteed and secured when the booking is made. Price changes may occur by reason of matters outside our control, including but not limited to adverse currency fluctuations, fuel surcharges, taxes and airfare increases.
2.2 We reserve the right to impose surcharges up to 60 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so.
2.3 The quoted prices do not include airport taxes, country entry costs and/or visa costs, or personnel tips that may be required by some countries. You should do your own research to ensure you are adequately prepared for the costs of your Bibliocarta Trip.
2.4 Inclusions. The price of your Trip covers the details and information outlined in the trip advertisement and itinerary, which are available online and provided to you before departure.
2.5 Exclusions: The price of your Trip does not include:
(a) international or internal flights unless specified;
(b) individual airport transfers, taxes and excess baggage charges;
(c) meals other than those specified in the itinerary;
(d) visa and passport fees;
(e) travel insurance;
(f) optional activities;
(g) early check-ins, late check-outs, or other alterations to standard accommodation arrangements; and
(h) any and all personal expenses.
Additional exclusions may apply, and you are encouraged to review all relevant materials provided prior to departure for a complete understanding of what is not included in the price of your Trip.
3. Bookings
3.1 Bibliocarta Trips are only available as group bookings. We require a minimum number of committed travellers before we will proceed with booking the Trip. Please refer to your Trip itinerary to confirm the number of committed travellers required for your Trip to proceed. Once we have reached sufficient numbers for the group, we will proceed with booking your Bibliocarta Trip.
3.2 Transfers to a third party are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the Trip. Certain fees may apply.
3.3 No amendments are permitted to your booking within 70 days of departure.
3.4 Itineraries. We ask that you appreciate and acknowledge that the nature of this type of travel requires considerable flexibility, and you should allow for alternatives. The itinerary provided for each Trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
While we endeavour to operate all Trips as described we reserve the right to change the Trip itinerary. Please refer to the most recent itinerary provided to you before departure for the most recent updates to your itinerary.
3.5 Accommodations. By booking you accept that due to unforeseen circumstances, sometimes accommodation may need to be changed. In this rare event we will work to arrange alternative accommodation of the same standards as advertised publicly or communicated to you. The following accommodations are available:
(a) Twin Share: You can book a twin share option, and we will pair you with another traveller. We try to match people with similar personalities, but keep in mind that your roommate might have a different travel style. If you want to share a room with a specific person, we’ll do our best to accommodate that request, but we can’t guarantee it. Once you book a twin share, you’re committed to it for the entire trip, and you won’t be able to change your room type.
(b) Single: Your accommodation will be private throughout the Trip, unless detailed otherwise. The single is an extra charge on top of the regular twin share price and varies for each trip. You can find the total cost for the single in your online itinerary.
In some cases, like certain homestays or remote locations, a full single might not be available. In these situations, a partial single will be offered, and we’ll explain the details before you book.
If there’s availability and you want to upgrade from a twin share to a single before your trip starts, you’ll be charged the current price, which may have gone up since you first booked.
3.7 WhatsApp Communications. When you join a Bibliocarta Trip, we ask that you connect with your host, local guide, and fellow travellers through a WhatsApp group set up for your Trip. This group is important for safety and communication, and it helps keep everyone informed, including our Bibliocarta team.
We’ll set up the WhatsApp group about two weeks before your trip starts, once all guests are ready to join. To keep the chat positive, we may ask you to direct certain logistics and organization questions to the Bibliocarta team. Your host and local guide will be added to the group about 3-5 days before your trip begins.
4. Payment
4.1 Deposit. We will require a deposit from you at the time of your booking your Bibliocarta Trip. The value of the deposit will be confirmed at the time of booking or when we provide you with a quote. We will not be obliged to accept your booking and confirm your place on the Bibliocarta Trip until such time as we received the deposit as cleared funds.
4.2 The deposit you pay will be attributed to the cost of your Bibliocarta Trip once we have secured your booking.
4.3 Non-Refundable Deposit. Subject to these Terms and Conditions and the Australian Consumer Law, any deposits paid to us for a Bibliocarta Trip will be non-refundable once we have given you notice that the minimum required number travellers are booked.
If a Trip does not meet the minimum number of travellers required to proceed, and this is confirmed at least 70 days before the departure date, the deposit will be refunded to customers, minus any unrecoverable administrative fees.
4.4 Balance Due. The balance of your Trip price is due on the date advertised on the Trip itinerary page, whether you chose to pay in full or instalments.
4.5 Final Payment and Forfeiture of Reservation. You must ensure that the full payment for the Trip is received by the specified final payment date as outlined on the Trip itinerary page. If the final payment is not made by this date, Bibliocarta Pty Ltd reserves the right to cancel the guest’s reservation.
It is the guest's responsibility to ensure that all payments are received by the required date to avoid forfeiting their reservation. Forfeiture of reservation for failure to make final payment is subject to Cancellation Fees outlined in clause 7.3.
5. Changes or variations to your booking or itinerary
5.1 You should carefully review the details of your Bibliocarta Trip prior to providing us with instructions to proceed, including the Bibliocarta Trip proposed itinerary and your personal details such as your name and passport number. You are responsible for reviewing these details and you must notify us immediately and prior to booking if we have any details incorrect.
5.2 We are under no obligation to vary your Bibliocarta Trip once it has been booked. If you do require a variation, you must request the variation in writing via email to info@bibliocarta.com.au. Any variation request will be subject to our approval. As your Bibliocarta Trip is a group booking, you acknowledge that we may reject any variation based on the needs and preferences of the group as a whole.
5.3 If we accept your variation request, we will advise you of the fees which will be payable by you for the variation. You must approve these fees before we will proceed with making the variation.
5.4 Changes by Us: We will use our best endeavours to operate all tours as advertised. By entering into this agreement, you acknowledge that it may be necessary to alter or modify a tour or its elements due to local conditions, changes in events, performance schedules, performers, or similar factors. We reserve the right to cancel or amend any aspects of the tour, including facilities, services, prices, flights, transportation, accommodation, or other arrangements, at any time. In such cases, we may substitute alternative arrangements of comparable value without offering compensation.
5.5 After departure. We reserve the right to change an itinerary after departure due to local circumstances or a Force Majeure Event. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you. It is then your responsibility to attempt to recuperate these costs from your insurer.
5.6 We are not responsible for any incidental expenses that may be incurred as a result of any change in itineraries including but not limited to visas, vaccinations or non-refundable or non-changeable flights.
5.7 There are no refunds for any part of the Trip not used, including (but not limited to) meals, accommodation, activities, or any other services.
6. Cancellation by you
6.1 We understand that plans change, and you may need to cancel your Bibliocarta Trip. If this is the case, you must provide us with prior written notice.
6.2 The Cancellation Fees we charge you are dependent upon the type of Bibliocarta Trip and the proximity to the departure date.
6.3 If you cancel some or all portions of your booking the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation from you that you wish to cancel. If you cancel a Trip:
a) If you cancel more than 91 days prior to departure, we charge a Cancellation Fee of 35% of the total booking cost;
b) If you cancel between 90 and 71 days prior to departure, we charge a Cancellation Fee of 50% of the total booking cost; or
c) If you cancel between 70 days or fewer prior to departure, we charge a Cancellation Fee of 100% of the booking cost.
6.4 In the event you are required to cancel, we will use reasonable endeavours to fill your place on the Bibliocarta Trip.
(a) If we are able to secure a person to fill your place, we will provide a refund to you of costs covered by that replacement.
(b) If we are unable to fill your place, the Cancellation Fees will still apply.
The cancellation percentages outlined in clause 6.3 are based on the total trip cost. Accordingly, in the event of partial refunds in accordance with this clause 6.4, the refund amounts will be calculated as a percentage of the total trip cost.
6.5 Please note that nothing in these Terms and Conditions obliges us to fill any cancelled places, and our reasonable endeavours to do so will be limited by the proximity of the cancellation to the departure date of the Bibliocarta Trip.
6.6 COVID-19 Policy. Bibliocarta is not obliged to refund or amend your booking due to an instance of COVID-19, either before or during the Trip. Travel insurance is the responsibility of travellers. Please be sure to check your policy covers that possibility.
6.7 Where you have made additional payments to us for your Bibliocarta Trip, we will use our reasonable efforts to recover your payments from the service providers we have booked for your Bibliocarta Trip. You acknowledge that this is not always possible and is solely dependent on the individual Third Party Suppliers’ terms and conditions. We will not be held liable for any payment to any service provider for which you do not receive a refund.
6.8 You further acknowledge that our Cancellation Fees are reasonable and are representative of the genuine costs, expenses and loss we incur when you cancel your Bibliocarta Trip after it has already been booked.
6.9 In the event of any cancellation, there will be no claim for damages by either party against the other and 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.
7. Cancellation by us
7.1 In the unlikely event that we cancel your Trip, you can transfer amounts paid to an alternate departure date or receive a refund minus unrecoverable costs, unless your Trip is cancelled due to a Force Majeure Event.
7.2 In the event of any cancellation, there will be no claim for damages by either party against the other and 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.
7.3 Forfeiture of Reservation. You must ensure that the full payment for the Trip is received by the specified final payment date as outlined on the Trip itinerary page. If the final payment is not made by this date, Bibliocarta Pty Ltd reserves the right to cancel the guest’s reservation. In such cases, any deposits or partial payments made up to that point will be retained by Bibliocarta Pty Ltd as a Cancellation Fee.
8. Force Majeure Events
8.1 We will not be held liable for any claim, damage, loss (special, indirect, or consequential), delay, cost, or additional expense as a result of a Force Majeure Event.
8.2 We will also not be held liable for any dissatisfaction, inconvenience, or disappointment arising from a Force Majeure Event.
8.3 You understand that Force Majeure Events may require a change to your Bibliocarta Trip. In the event of a Force Majeure, we will make reasonable efforts to assist you in amending the itinerary of the Bibliocarta Trip, subject to the availability and terms and conditions of our service providers. However, you will be responsible for any additional costs, changes, or extra arrangements.
8.4 Trip Host. In the unlikely event the Trip host is unable to host the Trip the Trip will proceed as advertised with either a suitable host replacement or another representative of Bibliocarta. If a suitable host replacement is not available and this occurs within 70 days of departure, both parties agree this is classified a Force Majeure Event. The choice of the replacement host is at the sole discretion of Bibliocarta and does not entitle you to a refund or compensation. In the unlikely event this does occur Bibliocarta will communicate this change to you within a reasonable time.
8.5 Authority to Determine Cancellation. The decision on whether a situation constitutes sufficient grounds for cancelling or altering the Trip will be made by Bibliocarta in consultation with the following authorities:
• Relevant government bodies and agencies (e.g., the Department of Foreign Affairs and Trade or similar bodies in your home country).
• Local authorities and official travel advisory services.
• Our on-the-ground partners, including local suppliers and tour operators.
Should you have concerns about a specific situation, we recommend reaching out to us for clarification before your departure.
8.6 If a Force Majeure Event occurs at your holiday destination or its immediate vicinity and significantly affects the performance of the holiday or significantly affects the transport arrangements to the destination. In these circumstances, we may offer you a refund minus unrecoverable costs. Any offer made is at the sole discretion of Bibliocarta.
8.7 If the cancellation due to a Force Majeure Event occurs after your Trip has commenced, we may offer you a refund minus unrecoverable costs of the days that remain on your Trip. Any offer made is at the sole discretion of Bibliocarta.
8.8 Any offer made under 8.6 or 8.7 is at the sole discretion of Bibliocarta. It is expressly understood and agreed that such discretion shall not create any presumption of liability on the part of Bibliocarta Pty Ltd or its agents, under any theory of recovery, including but not limited to breach of contract, negligence, or any other legal or equitable theory.
8.9 Any offer made by Bibliocarta under clause 8.6 or clause 8.7 shall be considered solely at Bibliocarta’s discretion, and shall not imply any obligation, responsibility, or liability unless explicitly stated in a subsequent, written agreement executed by both parties.
9. Your responsibilities
9.1 You must:
(a) be at least eighteen (18) to participate in our Trips; and
(b) provide confirmation of your travel arrangements and provide all requested details with the balance of the Trip price. Necessary details vary by Trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. If you do not provide the requested details and documents by the deadlines given, it could lead to extra charges or even the non-refundable cancellation of your Trip.
9.2 Travel Documents. All travellers listed on the itinerary must have a valid passport with at least six months remaining before it expires, based on the return travel date. Your passport should be in good condition. We will assume that all listed travellers meet these requirements.
Some countries require a machine-readable passport. If you do not have one, please let us know before we make your booking; otherwise, we will assume everyone has a machine-readable passport. Make sure your passport is valid for at least six months after the trip ends. It’s your responsibility to ensure you have a valid passport, along with the necessary visas, permits, and certificates for your citizenship during your trip.
9.3 Visas. Unless stated otherwise, all travellers listed on the itinerary are responsible for obtaining their own visas. We will let you know if you need a visa for your travel plans, but keep in mind that visa requirements can change at any time. It’s your responsibility to understand and comply with the entry requirements for all your destination countries.
Some visas can take weeks or even months to process, so you should check the timeframes and eligibility criteria before confirming your bookings with us.
9.4 Mandatory Travel Insurance. When booking with Bibliocarta, you must have your own travel insurance. You need to provide proof of your comprehensive travel insurance policy by the final payment date for your trip. We require purchasing travel insurance when you make your deposit to protect against unexpected cancellations. If you don’t provide the required details and documents by the specified deadlines, it could result in extra charges or even a non-refundable cancellation of your trip.
We require that all travellers listed on the itinerary obtain travel insurance. Your policy should cover at least cancellation, pre-existing medical conditions, medical and repatriation expenses, personal injury and accidents, death, loss of personal belongings and money, and personal liability.
9.5 Vaccines. Your safety is our top priority. We are dedicated to making sure our trips are safe for everyone—our travellers, leaders, crew, and the communities we visit.
Bibliocarta cannot provide vaccination advice, so we recommend consulting a doctor. Some countries have specific vaccination requirements for entry, so please ensure you have the necessary vaccinations. We are not responsible for any refusal of entry to a country due to a lack of a valid passport, visa, vaccinations, or other travel documents.
9.6 Travel advice. Before booking with us and regularly before your Bibliocarta trip, we highly recommend reviewing the proposed destinations and transit locations on the Australian Government’s Smart Traveller website (www.smartraveller.gov.au). This site provides important information for travellers, including safety alerts, health updates, and travel declaration requirements.
9.7 Airfare. Bibliocarta Trips do not include flights to/from Trip Start and End points within the Trip price. Because we are not licensed to sell flights, we cannot book these for you. We encourage you to seek out a travel agent or flight specialist to help you find flights.
Once you have booked your flight, you will forward your flight itineraries, in an image format only, to Bibliocarta via email info@bibliocarta.com.au at least 70 days before the Trip start date.
You are also responsible for informing us of any changes to your itinerary or flights. If you do not do this, you run the risk of issues such as missed airport transfers.
10. Health & Fitness Requirements
10.1 Upon each booking of a Trip, and each time you attend one of our Trips and participate in Trip related activities, you warrant that:
(a) you are in good medical and physical condition; and
(b) there is no reason, medical or otherwise, why you should not undertake activities.
10.2 We reserve the right to refuse you from participation in an upcoming Trip (that has not departed), from parts of a Trip (that has departed), or related Trip activities, without refund, if:
(a) we perceive a reasonable risk of injury to you or any other person due to your participation; or
(b) we perceive that you have an infection, Covid-19, contagious illness, physical ailment or open cut.
10.3 If any traveller listed in the travel itinerary has any health issues that may affect the booking of flights, accommodation, or any pre-arranged tour, you must tell us. We cannot guarantee that any health requests will be accommodated.
10.4 Travellers are responsible for ensuring their own health needs are met during the Bibliocarta Trip.
11. Participant Responsibility
11.1 By participating in the Trip, you agree to comply with any representative of Bibliocarta, including but not limited to a host and/or local guide. The decisions made by the Bibliocarta representative are final regarding the safety and well-being of all travellers and staff. If you fail to follow their instructions or disrupt the group’s well-being or our ability to run the Trip as planned, the Bibliocarta representative may ask you to leave the Trip immediately, with no right to a refund. You also acknowledge that we may choose not to allow you on any future Trips booked. Additionally, you agree to adhere to the laws, customs, foreign exchange regulations, and drug laws of all countries visited.
12. Acceptance of risk
12.1 You understand that the trip may involve adventurous activities and carries a certain level of personal risk. You may be visiting areas where political, cultural, and geographical conditions could pose dangers and physical challenges.
12.2 We use information from government foreign departments and reports from our own local contacts in assessing whether and how the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to additional risks.
13. Australian Consumer Law
13.1 Our services which include our Trips may come with guarantees that cannot be excluded under Australian Consumer Law. We will provide the services to you with due care and skill. For major failures with our service, you are entitled:
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
13.2 You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
13.3 Except where expressly otherwise stated, our liability is at all times limited to the remedies provided under the Australian Consumer Law.
13.4 Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law.
14. Indemnity
14.1 You indemnify us (and all our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of our services, this includes your delegate’s access or use of the services; and
(b) any breach by you (or your delegate) of:
(i) these Terms and Conditions; or
(ii) any additional terms applicable to providing the Services, except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.
14.2 To the maximum extent permitted by law, neither us nor our employees, agents or representatives will be held liable for any claim, damage, loss (including special, indirect or consequential loss), injury, delay, cost, additional expense or inconvenience, whether caused directly or indirectly by:
(a) your failure to comply with these Terms and Conditions;
(b) your passport failing to comply with the requirements of any country;
(c) your failure to obtain the correct visa for your destination country, or failing to obtain a visa on time (whether or not the delay was caused by you);
(d) your provision of any false statements which result in you being refused entry into any country;
(e) the act or omission of any third party, including but not limited to our service providers and any local guide not directly employed by us;
(f) your choice to partake in any activity during the Bibliocarta Trip; or
(g) any other event beyond our control.
14.3 Your Bibliocarta Trip includes the attendance of a Bibliocarta host who will accompany the Trip. You acknowledge that the Bibliocarta host is not responsible for your personal safety, the safety of your possessions, or the actions or behaviours of others (whether or not those persons are part of the Bibliocarta Trip). We will not be held liable for any damage, loss or injury to you or your possessions.
14.4 You agree to indemnify and hold us, our employees, agents or any representative of Bibliocarta (including but not limited to a host and/or local guide) harmless from all claims, demands, remedies, injury, liability, actions, proceedings, right of action, loss, damage or costs that we may incur caused by or contributed to by your attendance of the Bibliocarta Trip, except to the extent that those claims are caused by our negligent act or omission.
15. Liability
15.1 To the maximum extent permitted by law (including the Australian Consumer Law) we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Terms and Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the CCA.
15.2 Limitation of Liability. Where the law implies a warranty into these Terms and Conditions which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
16. Third Parties
16.1 We work with a network of Third-Party Suppliers. While we make every effort to choose reputable suppliers, we cannot be held responsible for their actions or omissions. Services provided by these Third-Party Suppliers may be subject to their own terms and conditions, and you may need to sign additional agreements. These agreements may limit or exclude the supplier's liability.
16.2 You acknowledge that Third-Party Suppliers operate in compliance with the applicable laws of the countries in which they operate, and we do not warrant that any Third-Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
16.3 Bibliocarta also works in partnership with local operators, whose local expertise is invaluable to the execution of our Trips. While we make every effort to work with reliable and reputable third-party operators, Bibliocarta cannot assume responsibility for any actions or omissions of third parties that result in personal injury, property damage, or other loss to our guests.
16.4 We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
16.5 Vicarious liability. We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
17. General Matters
17.1 These Terms and Conditions do not create a relationship of agency or partnership between the parties. We may sub-contract its obligations under these Terms and Conditions.
17.2 Severability. Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, to be valid and enforceable. If that provision cannot be read down, then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
17.3 Entire Agreement. These Terms and Conditions constitute the entire agreement of the parties as to the subject matter and supersede and cancel all prior arrangements, understandings and negotiations in connection with it. Any statement made in negotiations for these Terms and Conditions which is not set out in the Terms and Conditions do not form part of the agreement between the parties.
17.4 Governing Law and Jurisdiction. These Terms and Conditions are governed by the laws of the State of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales
17.5 Complaints. If you encounter any issues during the trip, please reach out to a Bibliocarta representative as soon as possible so we can address the situation right away.
If you have a concern or complaint after the end of your Trip, please write to us at info@bibliocarta.com.au. Please note that we assess all complaints and concerns on a case-by-case basis and, notwithstanding the provisions of the CCA, will determine refund entitlements in our sole discretion. We will follow up with you to investigate the matter, and any resolution offered will depend on the findings of that investigation.
17.6 No Waiver. The failure of a party at any time to insist on performance by the other party of an obligation under these Terms and Conditions is not a waiver of any of its rights.
17.7 Variations to Terms and Conditions. We may vary these Terms and Conditions from time to time. Any varied Terms and Conditions will apply to bookings that are made after the date that we publish the varied terms and conditions on our website, at www.bibliocarta.com.au.
17.8 Dispute Resolution. You agree to attempt in good faith to resolve any dispute regarding these Terms and Conditions through negotiation including negotiation with the assistance of an agreed mediator. The mediation shall be conducted in accordance with the guidelines set out by the Australian Disputes Centre.