Axio 2 Pty Ltd - TERMS AND CONDITIONS

Issue 10 0307

Statute provides suitable remedies for general commerce. However, Statute has some grey areas & these terms set out to clarify some of the more applicable grey areas so as to hopefully eliminate ambiguities & enhance your enjoyment of our products &/or services. In the event you are unhappy with our statements below please contacts us prior to making a booking otherwise it will be deemed by your act of placing a booking that you unequivocally agree with the following …

1. All products &/or services are offered in accordance with these terms & conditions of sale as outlined herein unless agreed otherwise & confirmed in writing prior to contract by Axio's Sales & Marketing Director.

2. Any part of these terms being a whole or part of a clause shall be capable of severance without affecting any other part of these terms.

3. No term shall adversely affect the rights under Statute of the purchaser.

4. In some instances some of the product/services herein are supplied by third parties. In these instances the products/services being offered may well be subject to the specific terms & conditions of sale of the actual product/service provider. If the purchaser requires a copy of such terms these will be supplied upon request, save reasonable communications delays.

5. Guarantees - no guarantee, implied or otherwise, is proffered as to perceived value, interpretation of the description or safety of any specific product/service being offered. By definition some adventures are potentially relatively dangerous due to their very nature &/or place of activity. Accordingly the purchaser, or any participant the purchaser may be acting for, must satisfy themselves as to their own ability/fitness to undertake any particular activity or part thereof & to the safety of any particular product/service being purchased. This statement does not negate us or any of our suppliers from liability under law to take reasonable care as to the safety of persons using these products/services.

6. Substitute product/s &/or service/s - we reserve the right to substitute alternative similar product/s &/or service/s without notice or compensation in the event of any specified product/s &/or service/s becoming temporarily or permanently unavailable for any reason.

7. Weather - the weather can play a major part in the execution, cancellation or curtailment of any product/service or its/their content & as such neither we nor our suppliers of products/services are liable for changes arising out of adverse weather conditions. Where possible & reasonable alternative arrangements &/or refunds will be offered at the company's discretion under such circumstances. Our liability in this respect is limited to the sales price of the product/service in question.

8. Remote areas - part or all of the offering made may include visiting/staying/traversing remote & restricted access places & as such emergency services, if required, will take considerably longer to attend & may immediately be inferior to that expected within cities & urban areas; all persons participating in any product or service offered by us by placing an order/booking on us acknowledge their acceptance of this risk & indemnify us, our agents, our employees, our officers against any responsibility or consequence arising out of emergencies.

9. Any decision by us &/or our suppliers to curtail, cancel or abandon any adventure in the interests of safety will be final. Any person partaking of an activity agrees by participation during the activity to, without question, obey any instruction given by the adventure leader or designated leader. Failure to do so will put in jeopardy the continuance of the adventure in question.

10. Contract - a quote or other communication will not be deemed to form part of a contract until a specific written order from the purchaser is received by us & we have subsequently issued a formal Order Acknowledgement confirming acceptance of the order/booking.

11. Pricing - unless otherwise stated prices are retail (end user) in Australian Dollars & inclusive of GST (at 1st July 2000 = 10%). We reserve the right to change our prices without prior notice: this excludes orders already acknowledged in writing which save for variances in Government Taxes will be held at the acknowledged prices for the duration of the particular order the acknowledgement relates to & any other separate individual written contact which defines price validity periods.

12. Payment - unless otherwise stated a 10% deposit must be paid within 7 days of making a reservation in order to secure a place as requested: full payment must be made before 30 days before the departure date of each traveller from their home base on the tour containing products/services to be supplied by/through this us. Failure to do so will result in loss of deposit & loss of a reserved place. None payment in a timely manner will not be taken as cancellation & liability in full will remain until all outstanding monies are paid. Payment for orders placed at less than 30 days as defined above must be paid in full within 24 hours of making the booking. Where payment is by electronic bank transfer it must be made in Australian Dollars & transferred with all cost paid by the Purchaser. All deposits/advance payments are held in our Client Account separate from our trading accounts. At our discretion where credit card details have been supplied in advance we may decide to hold card details as a deposit charging the card for the full amount due on the working day before or on the day of the booked product/service.

13. Cancellation of scheduled Day Tours - In the event of the purchaser cancelling in writing 31 days or more prior to the booked start date a 15% cancellation fee applies; 4 days or more than but less than 31 days a 40% cancellation fee applies; 3 days or less a 100% cancellation fee applies but if re-sold fee reduces to 40%. Cancellation will only be accepted from the booking party.

14. Cancellation of Private Charters - In the event of the purchaser cancelling in writing 61 days or more prior to the booked start date a 15% cancellation fee applies; 31 days or more but less than 61 days a 40% cancellation fee applies; 30 days or less a 100% cancellation fee applies but if re-sold fee reduces to 40%. Cancellation will only be accepted from the booking party.

15. Cancellation by us - our liability is limited to actual monies paid to us by the booking party.

16. Re-scheduling - we reserve the right to make a service charge for re-scheduling confirmed schedules/dates & do so at a rate of AU$25.00 per item; we may waive this charge at our sole discretion if we consider the work involved of doing so to be de minimus.

17. Refunds - any refund agreed will be made via the reverse route to which the original funds were received using tax compliant processes.

18. Insurance - it is strongly recommended that each traveller ensures they (& their family/group) are adequately covered for travel &/or the adventure/tour they plan on doing & that such insurance does not exclude such travel/adventure in its "small print". This should also cover the cost of meeting cancellation fees.

19. Personal property - personal property remains at all times the direct responsibility of its owner; these companies nor any of their agents or their employees or their officers are under any circumstances liable for loss or damage of personal property howsoever caused.

20. Jurisdiction - any disputes arising out of the products/services supplied by this company &/or its suppliers will be dealt with in Queensland (Australia), at a venue within this State to be decided by this company, & under the laws of the State of Queensland, Australia.

21. Disputes/complaints - it is suggested that any complaint or dispute arising out of a product/service supplied by this company &/or its suppliers be made at the time the problem occurs & if possible recorded in writing at the time with witnesses - problems are far more easily rectified at the time than retrospectively.

22. If you are purchasing products/services for onward selling to the end user these terms must to be passed on to the end user & the end user is recommended to check the terms of this extra party which may be different to these.

23. Entire terms - both parties agree that these are the entire terms covering any contract between them excepting for additional terms contained in individual quotations &/or agreements therein defined. Any subsequent amendments &/or changes will only be effective if confirmed in writing by both parties by an authorised officer of both parties & referenced to these terms.

24. These terms maybe changed & superseded at any time without notice; the current terms are deemed to be those posted on our web sites at the time a booking/order is confirmed in writing by us or as attached/included in a specific separate contract.