Tour Terms and Conditions

Please read these terms and conditions (hereinafter “Terms”) in their entirety.

These Terms deal with some important legal matters including risk and liability. It is important that you read and understand these Terms before confirming your booking

These Terms apply to the services that Shaun Brown trading as Shaun Brown's Cricket Coaching (ABN 77 070 675 716) (hereinafter “SBCC”, “us”, “we” or “our”) provides in the planning, handling and operation of SBCC cricket Tours (hereinafter “Tour”).

Before submitting a booking, you will be provided with a Tour Itinerary which will set out all relevant Tour information including itineraries, dates and prices. The Tour Itinerary forms part of these Terms. It is your responsibility to review the Tour Itinerary to ensure that you understand it.

If you have not received a Tour Itinerary, you should request one before confirming your booking.

By submitting a booking form and paying an initial deposit, you are confirming that you have received a Tour Itinerary, and you are deemed to have agreed to these Terms.

 

(1) PARENTS AND GUARDIANS

In the event that the person intending to participate in the Tour (hereinafter “Participant”) is under the age of 18 years then a parent or guardian will be required to make the booking and agree to these Terms on their behalf (hereinafter “Guardian”).

Once the booking is submitted and the deposit has been paid, both the child Participant and their Guardian will be deemed to have agreed to these Terms, and will be bound by these Terms.

Throughout these terms, we use words such as “you” or “your” to refer to both the Participant and any Guardian who may agree to these Terms on behalf of the Participant.

Any Guardian who is agreeing to these Terms on behalf of a child Participant hereby:

1. warrants and represents that they have the legal authority to agree to these Terms on behalf of the Participant;
2. warrants and represents that all information they are providing in relation to the Participant is true and correct to the best of their ability;
3. confirms that they understand the contents of these Terms, and have made sure that the Participant understands the contents of these Terms; and
4. confirms that they intend for these Terms to be binding on the Guardian and the Participant.

Please refer to clause 21 of these Terms for specific information about travel documentation and disclosures which Guardians must provide for child Participants who are travelling alone.

(2) MATURITY AND CONDUCT OF CHILDREN TRAVELLING WITHOUT A PARENT OR GUARDIAN

In the event that a child Participant is travelling on Tour without a parent or guardian, the Guardian hereby acknowledges and understands that:

1. SBCC may be managing 30 or more children on Tour; and
2. SBCC is unable to provide additional or dedicated attention to any individual children; and
3. any child Participant who is on Tour without a parent or guardian must be capable of caring for themselves without significant additional or dedicated attention from SBCC; and
4. any child Participant who is on Tour without a parent or guardian must be mature enough to take personal responsibility for complying with these Terms, including but not limited to clause 23 (Conduct While on Tour).

 The Guardian hereby warrants that in the Guardian’s reasonable determination, the Participant is mature enough to take personal responsibility for complying with these Terms, including but not limited to clause 23 (Conduct While on Tour).

In the event that the Participant is not mature enough to take personal responsibility for complying with these Terms, then a parent or guardian must join the Tour with the Participant.

To the maximum extent permitted by law, the Guardian hereby indemnifies, and keeps indemnified, SBCC together with any employees, agents, officers, representatives, affiliates, and permitted successors and assigns of SBCC, for any loss, damage, or liability, whether direct or indirect, which may arise as a result of the Guardian misrepresenting the Participant’s level of maturity or personal responsibility to SBCC.

(3) THE SERVICES

In relation to the specific Tour which you book (hereinafter “Tour”), SBCC agrees to provide the services, as published in the Tour Itinerary (hereinafter “Services”).

The Services are provided subject to these Terms.

In consideration for SBCC providing the Services, you agree to pay the full Tour Price, as set out in the Tour Itinerary (hereinafter “Tour Price”).

(4) DEPOSIT

You are required to pay a non-refundable deposit in order for your booking to be confirmed.

The amount of the deposit for your Tour will be set out in the Tour Itinerary.

(5) CONFIRMATION OF BOOKING

If we accept your booking, then upon receiving payment of your deposit, we will send you a confirmation email. You will be bound by these Terms from the date we provide the confirmation email. These Terms will then constitute a binding contract between you and SBCC.

(6) FINAL PAYMENTS

We will provide you with further details regarding final payments in a tax invoice or tour payment schedule.

Final payment of the full Tour Price is due on the dates specified in the tax invoice or tour payment schedule, and in any event is due before the date of commencement of the Tour.

In the event that you are more than 14 days late with any payments, you are deemed to have terminated your booking and we reserve the right to treat your booking as cancelled. Any deposit or other payment(s) which you have made prior to that cancellation will be forfeited.

(7) PRICES AND SURCHARGES

All quoted amounts, whether in the Tour Itinerary, on our website, or elsewhere, are in Australian dollars unless stated otherwise.

Quoted prices are calculated based on a minimum number of 20 participants taking part in the Tour (excluding staff). In the event that this minimum number is not met, then a surcharge may apply.

As is common in the travel industry, our Tour Price may also be affected by variable and seasonal pricing including but not limited to currency exchange rates, fuel prices, taxation, government action, government policy, increases in airfares and other transport costs or increases in local operator costs. In the event of an increase in costs in connection with the Tour, a surcharge may apply.

We will notify you as soon as possible of any surcharges. We reserve the right to impose surcharges up to 60 days before the date of commencement of the Tour.

We do not have the right to impose surcharges unless there has been an increase in costs, or the minimum number of participants has not been met.

By agreeing to these Terms, you agree to the quoted Tour Price, as well as any reasonable surcharges which may increase the Tour Price as described in these Terms.

(8) ACCOMMODATION SURCHARGE

Unless otherwise stated in the Tour Itinerary, the Tour Price is calculated on the basis that all accommodation will be shared.

Should Tour numbers or gender ratios require a single room or rooms a single accommodation surcharge will be charged.

Should gender breakdowns or requests require a single room or rooms a single accommodation surcharge will be charged.

Your rooms will be allocated once your final payment is received. In the event that there is an odd number of Participants on the Tour, then the last Participant to process their final payment will be given a single room, and will be required to pay a single accommodation surcharge.

(9) YOUR DETAILS

In order for us to confirm your place on the Tour you must provide all requested details when making your booking.

Necessary details may include full name as it appears on your passport, date of birth, nationality, passport number, passport issue and expiry date, next of kin and any pre-existing medical conditions which may affect your participation in the Tour.

Failure to provide requested details may result in additional charges or non­refundable cancellation of your trip.

(10) CANCELLATION BY YOU

In the event that you wish to cancel your booking, your cancellation must be in writing to us prior to the Tour commencement. Your cancellation will be effected from the day that we acknowledge receipt of your cancellation notice.

Cancellation charges apply. These charges vary depending on how early you cancel your booking. The table below outlines the scale of cancellation charges: Any cancellation fees from suppliers such as airlines, accommodation providers and local operators may be levied in addition to the above cancellation charges.

Days of Notice Prior to Tour Commencement	Cancellation Charge (per person)
Prior to 200 days before Tour	$1000.00 (UK Tour) $750 (NZ Tour)
100-199 days before Tour	50% of total Tour Price
70-99 days before Tour	75% of total Tour Price
69 days or less before Tour	100% of Tour Price

Any refunds in connection with cancellations may take up to 10 weeks to be processed.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to claim these charges from your insurance company.

(11) CANCELLATION BY US FOR INSUFFICIENT NUMBERS

We reserve the right to cancel a Tour if the minimum requirement of 20 participants is not met.

In the event that we should have to cancel a Tour, you can transfer amounts paid to an alternate departure date or receive a full refund.

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.

(12) MEANING OF FORCE MAJEURE

For the purposes of these Terms, Force Majeure means the happening of an event or circumstance which:

1. is beyond the reasonable control of a party and prevents or delays that party from performing any of its obligations under this contract; and
2. could not have been avoided or overcome by that party by the exercise of reasonable foresight, care and due diligence; and
3. includes, but is not limited to:
   
   1. an act of God including but not limited to earthquake, flood, fire, explosion, landslide, lightning, action of the elements, force of nature, washout, storm or storm warning or natural disaster;
   2. government action, national emergency, labour shortage, strike, lockout, boycott, work ban or other labour dispute or difficulty; and
   3. acts of terrorism, civil disturbance, blockade, embargo, sabotage, insurrection, riot, malicious damage, epidemic, pandemic or infectious disease;
   4. hardship due to currency fluctuation; and
   5. change in market conditions or market prices.

 

(13) CANCELLATION BY US FOR FORCE MAJEURE EVENT

We may cancel a Tour at any time prior to departure if, due to a Force Majeure event it is not viable for us to operate the planned itinerary.

In the event that a cancellation is due to a Force Majeure event, we will provide a refund less any unrecoverable costs which we have incurred, including but not limited to:

1. deposits to airlines, accommodation providers or local operators;
2. our reasonable office, staff, and administration costs in connection with the Tour.

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.

You are strongly encouraged to ensure that your travel insurance includes coverage for cancellations and Force Majeure events.

(14) PERSONAL CHANGES TO ITINERARY

We are able to obtain competitive prices from airlines, accommodation providers and local operators because the Tour group travels together.

Therefore, our Tours are sold as a complete package, and we are unable to provide any refunds for unused services or unused portions of the Tour, for example, if you join the Tour late, leave the Tour early, or extend your return date. Due to group airfare terms and conditions no refunds or discounts can be offered for participants choosing not to use their return international flight.

In the event that you need to vary your itinerary, for example, by joining the Tour late, leaving the Tour early, or extending your stay and returning later, any variation will incur an amendment fee of fifty dollars ($50.00) to SBCC, plus any fare difference and amendment and/or ticket reissue fee charged by the airline.

(15) BOOKING ALTERATIONS BY YOU

In the event that you wish to transfer from one Tour to another, we will attempt to accommodate your requests, but make no guarantees that we will be able to do so.

In the event that we are able to fill your place in the original Tour, then we may apportion any payments that you have already made towards the new Tour.

In the event that we are unable to fill your place in the original Tour, then our standard cancellation charges will apply, as set out in clause 10.

For any transfers, a transfer fee of fifty dollars ($50.00) will apply (in addition to any of our cancellation charges and any charges levied by hotels, ground operators or airlines).

In the event that you wish to transfer your booking to a third party, be aware that once tickets have been issued by airlines, your booking is non-transferable.In the event that it is possible to transfer your booking to a third party, an amendment fee of fifty dollars ($50.00) per person will be charged by SBCC for any transfer (in addition to any charges levied by hotels, ground operators or airlines).

Any transfers (whether transferring from one Tour to another, or whether transferring your booking to a third party) are also subject to the rules and fees that are applied by the relevant hotels, ground operators and airlines.

We may refuse, in our absolute discretion, to process amendments or transfers within 14 days of the commencement of the Tour. In the event that we permit amendments or transfers within 14 days of the commencement of the Tour, higher administration fees (both to SBCC and to hotels, ground operators or airlines) are likely to apply. You will be notified of any applicable administration fees at the time of your request.

(16) BOOKING ALTERATIONS BY US

We strive to ensure that the Tour is supplied as described in the Tour Itinerary issued prior to Tour commencement, and we will take all reasonable steps, to the best of our ability, in order to achieve this.

However, on some occasions, for unforeseen reasons or due to circumstances beyond our control, it may be necessary to amend an itinerary and substitute an itinerary with the best available alternative. We reserve the right to amend or change an itinerary due to local circumstances or events outside of our control.

You acknowledge and agree that the itinerary provided in the Tour Itinerary is indicative only, and that itineraries may be subject to alteration without prior notice due to local circumstances or events.

You acknowledge and agree that in the event that your itinerary is altered due to unforeseen circumstances or conditions beyond our control, then to the maximum extent permitted by law, you will not be entitled to any form of refund or compensation.

(17) INCLUSIONS

The Tour Price includes:

1. all accommodation as listed in the Tour Itinerary
2. all cricket matches as listed in the Tour Itinerary
3. breakfast on each day of the Tour
4. ground transportation
5. airfares, unless stated otherwise
6. Tour shirt and cap (for parents, siblings and other supporters)
7. Tour shirt, playing shirt and cap (for players)
8. entry to any attractions or other activities as confirmed in the Tour Itinerary

 

(18) EXCLUSIONS

The Tour Price does not include:

1. lunch, dinner, or any other food (except for breakfast)
2. sightseeing or other off-field recreational activities
3. other optional activities and personal expenses
4. cricket gear
5. travel insurance
6. visas and passport fees
7. spending money and other incidentals
8. connections from cities other than Melbourne

 

(19) TRAVEL INSURANCE

Travel insurance is compulsory for all Tour members. It is your responsibility to organise your own travel insurance.

Your travel insurance must provide coverage for a minimum amount of $200,000 Australian dollars against the following:

1. medical expenses
2. emergency repatriation
3. personal injury
4. death

You are also strongly encouraged to obtain coverage against the following:

1. personal liability
2. cancellation and Force Majeure events
3. lost or damaged luggage or personal effects

We can provide information about a travel insurance provider which many Tour Participants use. However, we provide no warranty, representation or recommendation regarding the suitability of any insurance provider.

Travel insurance policies are always subject to change and it is up to you to review any applicable insurance policy at the time that you purchase your insurance, to make sure that it provides the coverage your require.

Your travel insurance is between you and your insurance provider and we are not a party to your travel insurance contract.

We are not responsible in any way in the event that you suffer a loss which is not covered by your travel insurance, even if we have put you in contact with that travel insurance provider.

Please provide your travel insurance policy details and emergency contact details to us at least 14 days before the commencement of your Tour.

In the event that you fail to obtain travel insurance, you will not be able to depart Australia on the Tour, and no refunds will be provided.

(20) PASSPORT, VISAS AND OTHER TRAVEL DOCUMENTATION

You are responsible for ensuring you have all necessary travel documentation including a valid passport and any applicable visas. We do not check passports, visas or other travel documentation for validity.

You are responsible for ensuring that your passport is valid for 6 months after the end date of the Tour, as this is a requirement of entry to many countries.

We recommend allowing at least 12 weeks to obtain your travel documentation.

You are required to provide one photocopy of the picture page of your passport as soon as possible after booking, to allow us to deal with airlines, accommodation providers and local operators on your behalf.

No refunds or other compensation will be provided in the event that you are unable to travel with the group because you failed to obtain the appropriate passport, visa or other travel documentation.

In the event that you do not provide a copy of your passport to us, or you provide us with the wrong information, and this results in errors in your bookings with airlines, accommodation providers and local operators, then you will be responsible for all change fees, transfer fees or cancellation fees.

(21) TRAVEL DOCUMENTATION FOR CHILDREN TRAVELLING WITHOUT PARENT OR GUARDIAN

In the event that a child Participant is travelling on Tour without a parent or guardian, additional travel documentation may be required, which may include, but is not limited to:

1. documents or evidence of the absent parent or guardian’s permission to travel
2. a copy of any separation, divorce or custody decree, that proves custody of the child
3. a court order granting guardianship of the child
4. adoption papers, if the child is adopted
5. a certified copy of the child’s birth certificate, particularly if the travelling parent isn't listed on it

The Guardian who books the Tour on behalf of a child Participant must provide complete and accurate information about any relevant matters which may affect the Participant’s ability to travel.

For example, if a separation, divorce, adoption, court order, or other family law matters may impact the child’s ability to travel, then this must be disclosed to us.

Any such disclosure will be handled in strict confidence and will only be used by us in order to make sure that the Participant is able to take part in the Tour.

In the event that you fail to make any relevant disclosures to us, and the Participant is subsequently prohibited from boarding a plane, from exiting Australia, or from entering another country, then no refunds will be provided, and you will be responsible for any associated costs such as new flights or accommodation.

(22) TRAVEL CONDITIONS AT DESTINATION

We make no representation as to the safety, conditions or other issues that may exist at a destination. It is your responsibility to review up to date travel advice and determine that you are willing to travel in the current conditions. International travel advice can be obtained from the Australian Department of Foreign Affairs and Trade (www.smarttraveller.gov.au).

(23) CONDUCT WHILE ON TOUR

The Tour is run by an SBCC representative (“Tour Manager”). The decision of the Tour Manager is final in relation to all matters likely to affect the safety or well-being of any Tour participant.

As a Tour Participant or Guardian of a Tour Participant, you have the obligation to do the following (hereinafter “Obligations”):

1. Follow all reasonable directions and requests of the Tour Manager
2. Comply with all local laws, regulations and customs
3. Comply with the rules of all airlines, accommodation providers and local operators
4. Behave at all times while on Tour in a responsible, respectful and reasonable manner
5. Not do anything which puts the safety or wellbeing of other Tour Participants at risk
6. Practice good sportsmanship both during and after matches

In the event that you fail to meet any of your Obligations (as described above), then the Tour Manager may, in their sole discretion, choose to terminate your involvement in the Tour. In such circumstances, you will not be entitled to any refund or compensation for any unused portion of the Tour.

(24) SPECIAL REQUIREMENTS

Please notify us prior to payment of your deposit, if you have any special needs or requirements including physical, dietary or any other such needs.

We do our best to accommodate any special requirements, and to provide an inclusive environment for all Participants, provided that this does not detract from the competitive development of other Participants (see clause 27).

We have the best opportunity to plan a positive and inclusive Tour, and to ensure that we are equipped to deal with any special requirements, if we are fully informed of them at the time of booking. Any such disclosures will be handled sensitively and for the sole purpose of planning a positive and inclusive Tour.

In the event that you do not disclose any special requirements to us at the time of booking, then we are unable to prepare for them.

We accept no responsibility for managing special requirements which have not been disclosed to us.

(25) CRICKET EQUIPMENT

You are responsible for providing your own cricket equipment and safety gear. The following equipment is mandatory for all cricket matches on Tour:

1. Bat
2. Batting pads
3. Thigh guard
4. Inner thigh guard
5. Gloves
6. Helmet with full face guard
7. Box
8. Sunblock
9. Sun hat
10. Sunglasses
11. Wicketkeeper’s pads and gloves (for wicketkeepers only)
12. Cricket shoes with spikes for turf matches
13. Rubber sole cricket shoes for indoor practice and matches on synthetic pitches

The following equipment is optional but highly recommended:

1. Chest guard
2. Arm guard
3. Mouth guard (for wicketkeepers)

All equipment should be well fitted and in good condition to ensure it provides adequate protection and functionality.

Please ensure that your equipment and safety gear is all in order at the start of the Tour. While it may be possible to purchase emergency supplies once on Tour, we are often travelling on a tight schedule and cannot guarantee that we will be able to accommodate this.

Unfortunately, if you do not have the appropriate safety gear at the start of a match, then we cannot allow you to play.

(26) BIOSECURITY

You are responsible ensuring that all of your luggage complies with all biosecurity requirements when travelling.

In particular, you should make sure that your cricket gear such as cricket spikes, are free of any foreign soil and other materials.

(27) COMPETITIVE DEVELOPMENT

The Tour is designed as a competitive development opportunity for Participants. Matches are played against strong opposition teams. For these reasons, Participants must meet minimum skill levels in order to join the Tour.

SBCC makes the final decision regarding a Participant’s skill level for a particular Tour.

Games will be played to win (but not at all costs). This will be balanced between playing the game competitively and developing the skills of each player on the Tour.

Players will be asked to choose one focus skill on Tour (batting, bowling or wicket keeping). Players will get maximum exposure on the Tour in relation to their chosen focus skill.

Players are not all-rounders on the Tour.

Batsmen do not have to retire on a certain score but may be asked to retire to ensure all players choosing the focus skill of batting bat during an innings.

The number of overs bowled will be divided up equally between all players listing their focus skill as bowling. Bowlers who bowl in a substandard manner will be rested and will not get their full overs if their bowling is deemed poor by the coach on a given day.

Wicket keepers are expected to wicket keep for the duration of an innings.

The Tour coach is to ensure the basic principles of competitive development occur on Tour but can make changes should they be required in his/her opinion.

(28) FITNESS AND HEALTH

Participants must be fit and healthy at the commencement of the Tour.

(29) ACCEPTANCE OF RISK

You acknowledge and agree that the Tour is dangerous in nature. You acknowledge and agree that cricket is a dangerous activity and that the various other off-field activities which will form part of the Tour are also dangerous.

You acknowledge and agree that your participation in the Tour involves a significant degree of personal risk, both on and off the cricket field, and that these risks may include but are not limited to death, personal injury, or damage to property.

You acknowledge and agree that travelling in a foreign country involves a number of specific risks including but not limited to injury through traffic accidents, crime, war or threat of war, riot, epidemic, strikes, terrorist activity, natural or nuclear disaster and adverse weather conditions.

You also acknowledge and agree that cricket involves a number of specific risks including but not limited to death, head injuries, face injuries, bone fractures, sprains, strains, muscle tears, bruises, abrasions, open wounds, dehydration, heat stress, sun damage, shoulder injuries, back injuries, or other injuries related to overuse.

Before you participate in the Tour, you should ensure that you are aware of, and properly understand, all of the risks involved in the Tour, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.

By making your booking and paying the deposit, you acknowledge, agree and understand that you engage or participate in the Tour voluntarily and at your own risk in full knowledge of the risks involved.

If making the booking as a Guardian for the Participant, you acknowledge and agree that you have explained to the Participant the risks involved in the Tour.

By making your booking and paying the deposit, you also acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of:

1. Section 5M of the Civil Liability Act 2002 (NSW);
2. Section 5I of the Civil Liability Act 2002 (WA);
3. Section 48 of the Consumer Affairs and Fair Trading Act (NT);
4. Section 43 of the Civil Law (Wrongs) Act 2002 (ACT);
5. Section 15 -20 of the Civil Liability Act 2002 (TAS);
6. Section 31 -39 of the Civil Liability Act 1936 (SA);
7. Section 50 of the Wrongs Act 1958 (VIC); and/or
8. Section 13 -19 of the Civil Liability Act 2003 (QLD).

Section 139A of Competition and Consumer Act, 2010 (Cth) permits SBCC to ask you to agree that the statutory guarantees under the Australian Consumer Law (Cth) do not apply to you (or a person for whom or on whose behalf you are making the booking to participate in the Tour).

By making your booking and paying the deposit, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):

1. (a) Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue SBCC, its servant and agents, in relation to the Tour and the Services, if they were not provided to you in accordance with any express or implied warranty or guarantee that the Services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
2. (b) You (or the person for whom or on whose behalf you are booking the Tour) release SBCC, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the Tour and the Services will be provided with reasonable care and skill.

By making your booking and paying the deposit, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of SBCC in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any:

1. death;
2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
3. the contraction, aggravation or acceleration of a disease;
4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
   
   1. that is or may be harmful or disadvantageous to you or the community;
   2. that may result in harm or disadvantage to you or the community;
   3. that may be suffered by you (or a person for whom or on whose behalf you are booking the Tour) resulting from the supply of recreational services or recreational activities is excluded.

By making your booking and paying the deposit, to the full extent permitted by law, you (or the person for whom or on whose behalf you are booking the Tour) agree to waive and/or release SBCC, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against SBCC, its servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Tour, whether caused by the negligence of SBCC, its servant and agents, or otherwise.

By making your booking and paying the deposit, you acknowledge, agree and understand that:

1. SBCC will permit you to participate in the Tour, and provide you with the Services, in part in consideration of you agreeing to be bound by these Terms;
2. SBCC may rely on this document in any proceedings commenced in any Court by you or by your heirs, executors and assigns;
3. The laws of Victoria govern these Terms.

You do not have to agree to exclude, restrict or modify or waive your rights against, or release, SBCC, its servants and agents, from any claims by agreeing to these Terms, however SBCC may refuse to allow you to participate in the Tour, or to provide you with the Services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, SBCC, its servants and agents, by agreeing to these Terms. Even if you agree to these Terms, you may still have further legal rights.

By making your booking and paying the deposit you agree that the waivers and releases contained in these Terms apply for the entirety of the Tour and for any other time(s) you engage with SBCC, until such time as you withdraw or modify your consent in writing or SBCC modifies these Terms with your consent by agreeing to be bound by a new document.

(30) LIMITATION OF LIABILITY

We contract with a network of companies, government agencies, local operators and individuals to assist in the running of our Tours as agent for these third parties. We are not responsible for any acts and omissions of these third parties.

To the maximum extent permitted by law, any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in the Tour, or any breach of these Terms, is excluded.

To the maximum extent permitted by law, you hereby release us and hold us harmless, together with our officers, employees, agents and representatives, from any liability. You expressly waive any claims you may have against us arising out of or in connection with your participation in the Tour.

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied by law into these Terms (“Implied Warranty”), is excluded. To the extent that an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion):

1. the provision of a similar Tour to an equivalent value; or
2. a refund of the total amount received by us from you in connection with your booking.

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

(31) INDEMNITY

You (and the person for whom or on whose behalf you are booking the Tour, if applicable) on behalf of yourself, your successors, heirs, assigns, administrators, executors, next of kin, and legal representatives hereby irrevocably and unconditionally, release us, discharge us, indemnify us, and keep us indemnified, together with any of our employees, officers, contractors, representatives, servants and agents, from any and all claims, expenses, causes of action, debts, demands, damages, or other liabilities whatsoever, whether direct or indirect, and whether known or unknown, which we (or our employees, officers, contractors, representatives, servants and agents) may incur now or in the future in connection with your breach of these Terms, or the Participant’s participation in the Tour.

(32) OPTIONAL ACTIVITIES

Optional activities not included in the Tour Price do not form part of the Tour or these Terms.

You accept that any assistance given by your Tour Manager or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of any optional activity will be between you and activity provider.

(33) SEVERABILITY

In the event that any term or condition contained in these Terms is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

(34) SURVIVAL

At the termination, expiration or completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination, expiration or completion shall remain in full force and effect, including but not limited to clauses 1, 2, 29 and 30 and 31.

(35) PHOTOS AND MARKETING

You consent to us using images of you taken during the Tour for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

(36) PRIVACY

Any personal information that we collect about you may be used for any purpose associated with the operation of the Tour or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Tour. We will treat your details in accordance with Australian privacy law.

(37) APPLICABLE LAW

These Terms shall be interpreted in accordance with the laws of Victoria, and the laws of Victoria shall govern these Terms to the maximum extent allowable. Any disputes in connection with a Tour or these Terms must be initiated in the courts of Victoria.

(38) COMPLAINTS AND FURTHER CONTACT

Should you wish to make a complaint in relation to a Tour please notify the Tour Manager so that action can be taken immediately.

If the problem(s) cannot be resolved, please submit a letter of complaint within 28 days to us.

SBCC will thoroughly investigate any complaints and report back to the correspondent. Please feel free to contact us if you would like clarification of any of these Terms.

If you wish to submit a complaint, or if you have any questions or concerns about these Terms, please contact us at:

Shaun Brown's Cricket Coaching, 59 Mercedes Dr Thomastown 3074.