Outward Bound Australia Terms and Conditions 2021
Last Reviewed: November 2020
Read Outward Bound Terms and Conditions pre November 2020.
Outward Bound® Australia (Outward Bound) is an independent not-for-profit educational organisation providing high quality outdoor experiential education programs. These Terms and Conditions are in respect of the outdoor education “Program” that is described in the Booking Form.
1. PROGRAM INCLUSIONS AND EXCLUSIONS
1.1 Program fees cover all work in relation to the Program, including, but not limited to:
i. Program design, development and expertise;
ii. Pre-program briefings for parents, student and staff;
iii. All facilitation from qualified Outward Bound staff (1 staff member per group);
iv. Support staff and activity specialists, as required; v. Group and activity equipment;
vi. Program food (from dinner on the first day to lunch on the last day);
vii. Communication devices;
viii. Transport (including fuel) whilst on Program;
ix. Parks and other landowner fees;
x. One accompanying adult per group is Free of Charge (FOC); and
xi. Post-program evaluation and report.
1.2. Program fees do not cover:
i. Personal clothing and equipment;
ii. Sleeping bags (though can be arranged for an additional fee);
iii. Transport to and from the Program location (though can be arranged for an additional fee); and
iv. Lunch on the first day.
1.3. A detailed overview of the Program description and specific inclusions and exclusions is provided at the time of booking. All Programs are designed and delivered with Outward Bound’s Standard Operating Procedures, which include adherence to all state and federal laws, as well as compliance with the relevant Adventure Activity Standards in the State/Territory the Program is being delivered.
2. YOUR RESPONSIBILITIES
2.1. Once a booking has been made, you will be responsible for the following:
i. Providing completed Participant medical forms;
ii. Allocation of participants to groups; and
iii. Communication to and consent of parents / guardians.
3.1. Both parties agree to collect and manage personal information, including sensitive information, in accordance with the requirements set out in the Privacy Act 1988 (Cth) including the Australian Privacy Principles, and any relevant State/Territory based privacy legislation.
3.2. To the extent that either party becomes aware of or suspects any misuse, interference, loss or unauthorised access to, modification or disclosure of personal information the subject of this agreement, the other party is to be informed as soon as is practical and within two (2) business days of so becoming aware or suspecting.
4. PAYMENT OF FEES
4.1. The Booking Form summaries the details of the Program, including dates, numbers of groups, payment amount (consisting of the Deposit and Final Balance) and the due dates for each component.
4.2. Payments are due as follows:
i. The Deposit is 20% of the total Program fee;
ii. The Deposit due date is stated on the deposit invoice and must be paid by that date;
iii. Upon receipt of the Deposit, Outward Bound will commit resources to your Program and confirm your Program dates;
iv. The Deposit is non-refundable; and
v. You acknowledge and agree that Outward Bound can apply the Deposit to meet the significant forward planning and resource allocation costs based on the agreed Program.
4.2.2. Final Balance:
i. The Final Balance consist of the remaining 80% of the Program fee;
ii. The Final Balance is due on or before 30 days prior to the Program commencement date;
iii. If the Final Balance is not received in full by 14 days prior to the Program commencement date, Outward Bound may cancel the Program; and
iv. If the Program is cancelled under the above clause, you agree to pay Outward Bound 100% of the Final Balance.
4.2.3. Additional Costs An additional invoice may be raised for the following (but not limited to):
i. cost of repairing or replacing lost or damaged equipment, where the loss of damage is the result of misconduct by participants or participant staff;
ii. cost of any new additional regulatory or compliance requirements;
iii. cost of any additional services that you have requested, that are not included in the Program described in the Booking Form; and
iv. costs incurred by Outward Bound in relation to any mutually agreed adjustment to the Program.
5. CHANGES TO THE NUMBER OF GROUPS ON THE PROGRAM
A change to the number of groups will normally require a change to Program staffing and resources, and may have significant planning implications. Any request to change the number of groups on the Program must be made in writing to Outward Bound.
5.1. If the request is made 30 days or more prior to the commencement of the Program, and Outward Bound agrees to the request, Outward Bound will adjust the Final Balance and issue an updated invoice for any increase or decrease in the number of groups. Outward Bound will not unreasonably withhold agreement where agreement is possible. In the event that Outward Bound does not agree with the request, you may be liable to pay the Final Balance.
5.2. If the request is made within 30 days of the commencement date of the Program, Outward Bound will attempt to accommodate the request and the following will apply:
5.2.1. An increase in the number of groups, will result in an adjustment to the Final Balance and an increased invoice being issued. Outward Bound reserves the right to refuse to accommodate the additional groups to those that were previously confirmed pending capacity constraints
5.2.2. A decrease in the number of groups, will not result in any reduction of fees.
6. ANY OTHER CHANGE TO THE PROGRAM
Any other request to change the Program must be made in writing to Outward Bound.
6.1. If the request is made 30 days or more prior to the commencement of the Program, and Outward Bound agrees to the request, Outward Bound will issue an updated Program, including an adjustment of any resources, which may, or may not result in an updated increased or decreased Final Balance.
6.2. If the request is made within 30 days prior to the commencement of the Program, Outward Bound reserves the right to reasonably refuse any requested change to the Program.
7. POSTPONEMENT TO THE COMMENCEMENT DATE OF THE PROGRAM
7.1. Outward Bound may at any time give you written notice postponing the commencement date of the Program to a date, within 12 months of the commencement date, to be mutually agreed. Any such postponement notice by Outward Bound will be given having regard to the safety and wellbeing of the participants and staff and any regulatory and compliance considerations that impact the Program.
7.2. If we can mutually agree the postponed commencement date for the Program, you must pay for all additional costs and expenses incurred by Outward Bound in relation to the postponed commencement date within 30 days of the new Program commencement date.
7.3. If we cannot mutually agree the postponed commencement date, then the cancellation provisions outlined in clause 8 will apply.
8. CANCELLATION OF THE PROGRAM
Any cancellation of the Program must be made in writing to Outward Bound.
8.1. If you cancel the Program more than 30 days prior to the Program start date, Outward Bound will retain 100% of the Deposit.
8.2. If you cancel the Program within 30 days of the scheduled commencement date, Outward Bound will retain 100% of the Deposit and 100% of the Final Balance.
8.3. If payment has not yet been received in full by Outward Bound by that time, you must pay the full Final Balance.
8.4. If we cannot mutually agree the commencement date for a postponed Program, you must also pay the full Final Balance.
8.5. No refund or discount will be provided for early departures or late arrivals to a Program.
9. GOODS AND SERVICES TAX
The GST amount is to be paid on the Program Fee and will be shown on the Tax Invoice.
10.ACCEPTANCE OF TERMS AND CONDITIONS
Payment of the Deposit will be taken as full acceptance and agreement to the above Terms and Conditions.
Direct Deposit is the preferred method of payment:
Outward Bound Australia
National Australia Bank
Acct: 808 779 416
Please contact us for other payment options. Please retain a copy of these Terms and Conditions for your records.