1. Introduction
Please read the following important terms and conditions before you book any products, services or tours on our website and check that they contain everything you want and nothing that you are not willing to agree to.
In these terms:
- ‘Pretty Planet’, ‘I’, ‘we’, ‘us’ or ‘our’ means Tula O’Connor doing business as Pretty Planet.
- ‘Participant’, ‘you’ or ‘your’ means the person using our website to browse our travel blogs, buy our travel products and services or book tour packages from us.
- ‘Products’, ‘Services’, ‘Trips’ or ‘Tours’ means and includes any digital travel products and services, or packages for trips that are offered, organised or sold by Pretty Planet on its website www.pretty-planet.co.uk.
If you have any questions about these terms or any Services or Tours you have booked, please contact us by sending an email to hello@pretty-planet.co.uk.
If you make bookings for Tours on our website you agree to be legally bound by these terms. These terms are only available in English. No other languages will apply to these terms.
When buying any Products or Services on our website you also agree to be legally bound by our website terms and conditions and any documents referred to in them; extra terms which may add to, or replace some of these terms.
If any extra terms apply to your Products, Services or Tours, we will immediately notify you. If you want to see these specific terms, please visit the relevant webpage of the Product, Service or Tour that you intend to purchase, at any time before the online checkout process. All of the above documents form part of these terms as though set out in full here.
2. Your Privacy & Personal Information
Our privacy policy is available at www.pretty-planet.co.uk/legal-policies. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy. Our privacy policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint.
3. Booking Or Making A Purchase With Us
Age and health requirements
All our Trips have a minimum age requirement of 21 at the time of travel. If you are under the age of 21 you should not book any Trip from us. We reserve the right to reject any such booking from you if upon verification it is identified that you are below the age of 21. We have no upper age limit although some of our trips can be physically demanding and you must ensure that you are suitably fit to allow full participation. It is your responsibility to ensure that you obtain proper and detailed medical advice before travelling for the latest health requirements and recommendations for your destination.
Booking on behalf of yourself and others
By booking on behalf of yourself and other participants, you are deemed to be the designated contact person for every participant included in that booking. This means that you are responsible for making all payments due in connection with your Tour booking. By booking on behalf of another person or persons, you represent and warrant that you have gained all required consents. You are responsible for any information you provide on behalf of another participant is complete and accurate. Pretty Planet will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
Deposits and payments
To secure your spot on a Trip you need to create your booking and pay your deposit. Before submitting your booking check all your details are accurate before confirming your spot, such as name spelling, email address, telephone number, correct date of birth etc. Any amendments to any details after a booking has been made may incur charges from the travel providers which is the responsibility of the participant and not by Pretty Planet.
An initial minimum non-refundable deposit must be paid to secure your place on a Trip. You can pay the full amount up front or payments can be made in instalments in the lead-up to the Trip. If you select one of the payment plans you will be sent reminder emails around the due dates with a link to make your payment, alternatively payment links can be found in the initial automated confirmation email. The full amount is required 12 weeks before the Trip start date.
All deposits are non-refundable once the Trip has met the minimum number of participants and been confirmed. We can refund you the full amount minus your deposit up until 12 weeks before the Trip begins should you have an emergency, illness or you need to cancel your spot. If you need to cancel the Trip less than 12 weeks before the Trip start date unfortunately we cannot refund you.
Please ensure you take out comprehensive and reliable travel insurance as soon as you book your spot and the Trip is confirmed. Make sure to check if your insurance covers you for cancellation and Trip activities so you are fully covered by your travel insurance should you need to cancel or make a claim.
Refund policy breakdown:
- Trip pending confirmation: Full amount refundable
- Trip confirmed: Deposit (booking fee) non-refundable
- 12 weeks or less before the trip starts: Full amount non-refundable
Creating an account
You can either book a Trip with us by making an account on our website or by using the guest mode by providing your billing address and payment details. You will also have the option to create an account on our website during the checkout process if you do not have an account.
If you register an account you must provide true, accurate and complete information as requested and keep this information up to date even after registration of the account; and you agree that you will be responsible for the management and security of your account including maintaining the confidentiality of your username and password, and any activities such as the purchase of Trips or Services that occur through your account (whether authorised by you or not).
We shall not be responsible to you and expressly disclaim any liability for any cost, loss, damages or expenses arising out of a failure by you to maintain the security and confidentiality of your account credentials.
Making a booking
Each Tour package on our website particularly mentions the name of the Trip and tour package, a description, itinerary, inclusions, exclusions, extras and any other related information. We request you to kindly review this in its entirety before making any booking with us.
While booking a Trip on our website, please ensure you select the appropriate options that are available. Once you have selected the appropriate Trip option, it will ask if you wish to pay in full or only the deposit and instalments. We may also offer extras under the ‘Trip Options’ such as extended trips or additional activities during the Trip. You will be responsible for selecting the appropriate options while booking.
Please read and check your order carefully before submitting it. You will be able to correct any errors only before submitting your booking with us. Please ensure that all the details you insert during the checkout process are correct and as per your passport such as full name, email address, telephone number, address, date of birth etc. We may also ask for further details such as nationality, passport number, passport issue and expiry date, country of issue etc. Any amendments or changes to any personal or booking details after the Trip is booked (and we have made further bookings) may incur additional charges from the travel providers which will be your responsibility and Pretty Planet will not bear any such charges.
When you book a Tour or Service at the end of the online checkout process we will acknowledge it by email. However, this acknowledgement does not mean that your order has been accepted by us.
We may contact you to say that we do not accept your order for the Trip or Services. This is typically for the following reasons: we cannot organise or arrange the Trip, Services or any part thereof for any reason; we cannot authorise your payment; you are not allowed to book Tours from us (for example if you are below the age of 21); or there has been a mistake in the pricing or description of the Trip or Services.
We will only accept your order for the Trip or Service when we email you to confirm this with a confirmation email. At this point: a legally binding contract will be in place between you and us; and we will provide the Trip package and Services as agreed during the online checkout process, subject to these terms.
Inclusions and exclusions
Although our website is updated regularly with detailed itineraries, inclusions and exclusions lists, you may enquire about the Trip by contacting us. We request you to please carefully read all the details listed on our website for the Trip you intend to book or have booked.
The Trip generally includes only the itinerary as set out in the Trip description on our website. Our Trips do not include, among other things, international flights, visas, travel insurance, food, beverages and alcohol (unless mentioned in the itinerary), tips, cash, extras and extra activities. Each Trip has different exclusions, so kindly review each Trip itinerary for accurate details.
We will endeavour to ensure that the particulars and itinerary included in your Trip will be substantially the same as displayed on our website. However, due to unforeseen circumstances, we may have to deviate from the Tour itinerary. If there is any deviation from the Tour itinerary, we will notify you immediately as soon as we become aware of such circumstances.
Digital products and services
By completing your purchase, you are giving your consent for immediate delivery and access to the digital Products or Services. In agreeing to be granted access at the point of purchase you will lose your right to cancel your purchase and your right to a refund if you change your mind. Please get in touch if you have any questions about your purchase and we will be happy to assist you.
In the event, that you purchase or book any of our Products or Services as available on our website, we will immediately deliver any digital products to you in the form of an email to the specified email address or link to your phone. You are solely responsible for ensuring that you have appropriate devices to open or run these digital products and use them. You shall not edit, copy, mirror, adapt, reproduce, distribute, share, transmit, sell or otherwise commercially exploit any of our digital products that you bought on our website. The digital products are available to you on a non-exclusive basis and for your personal use only.
Gift vouchers
If you purchase any gift voucher from our website, the gift vouchers will be governed by their respective terms and conditions. Pretty Planet gift vouchers are valid for 24 months from the date of issue. Unused values will not be refunded or transferred to any transactions after the expiry date.
Gift vouchers can be redeemed against all Pretty Planet products and services only (travel planning, digital downloadable products and merchandise). Gift vouchers cannot be redeemed for cash, returned for a refund, have their balances consolidated to a new voucher or be replaced after expiry. If your purchase exceeds the value of the gift voucher, the balance must be paid by debit or credit card.
4. Cancellations
Cancellations by you
All deposits are non-refundable once the Trip has met the minimum number of participants and been confirmed. We can refund you the full amount minus your deposit up until 12 weeks before the Trip begins should you have an emergency, illness or you need to cancel your spot. If you need to cancel the Trip less than 12 weeks before the Trip start date, we will not be able to provide any refund, subject to these terms. All cancellation requests must be made in writing to us via email at hello@pretty-planet.co.uk.
You understand that the Tour package bookings will begin as soon as you receive a confirmation email from us. We shall not be liable or obligated to refund you any amount if we have already taken steps, made arrangements, booked and secured your spot on the Trip or the Services are delivered or performed on our website.
Curtailment
Should you need to cut your Trip short before the original end date due to unforeseen circumstances, we cannot refund any of the unused arrangements and are not liable for any associated costs you may incur. Your travel insurance may offer curtailment coverage depending on the circumstances and your policy.
Cancellations by us
We may cancel the Trip if we do not have a minimum number of people signed up for the Trip. We will refund all your deposit and any amount paid by you if we cancel the Trip due to not meeting the minimum members for the Trip. All deposits are non-refundable once the minimum number of travellers have signed up and confirmed the Trip package. However, as soon as the minimum number of people for the Trip is met, we will commence further bookings and no cancellation will be allowed thereafter.
We may also cancel or delay the Trip(s) at any time prior to departure if, due to any extraordinary circumstances or any external events outside our reasonable control, such as natural calamities, extreme weather, pandemics, war, civil riots, political instability (Force Majeure Event), or any such event where it is not viable for us to operate the planned itinerary. If we have to cancel your Trip, you will be given the option to either transfer the amounts paid to an alternate departure date or request a full refund.
Refunds
We reserve the right to cancel your Trip booking for the reasons stated above and will notify you of this as soon as possible. We will refund the full deposit or any booking amount and will credit it back to your original method of payment.
In circumstances where the cancellation is due to a Force Majeure Event or an external event outside our reasonable control, we will refund the deposits or any such booking amount, subject to the deduction of any unavoidable costs or commitments related to the booking. We are not responsible for any incidental expenses that you may have incurred as a result of your Trip booking including but not limited to flights, visas, vaccinations, travel or medical insurance etc.
If you are eligible for any refunds under this clause 4, we will refund to you all payments received from you within a period of 14 business days, subject to the terms herein and deduction of any reasonable service charges. We will make the refunds using the same means of payment as you used for the initial transaction.
You hereby understand and agree that some of our Products and Services are digital on our website such as travel content, travel planning, travel guides etc, and they are immediately delivered upon payment by you, due to such nature, they are non-refundable and we will not be able to provide any refund for such digital Products and Services.
Changes
You agree that the nature of Trips offered by us requires a degree of flexibility. Occasionally there may be minor changes which we are permitted to make at any time. A minor change may include a change of accommodation to a similar or better standard in the same destination, or to a route or stopping point or slight timing changes within the set itinerary.
If any significant changes need to be made which we are constrained to make to a Trip such as a downgrade in accommodation, a major change to the itinerary etc we will notify you as soon as possible. You will then have the option to either accept the proposed change or you can reject the proposed change and cancel your booking with a full refund.
5. Carrying Out Of The Trips
We will carry out the Trips during the time period as agreed during the online checkout process and as set out in the confirmation email. The Trip schedule may be affected by events beyond our reasonable control (refer to clause 4). If so, there might be a delay before we can start the Trip, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, we will try to commence the Trip as soon as those events have been fixed.
6. Payment
Payment methods
All the prices on the website are in GBP (£) and applicable taxes (except where indicated) and per Product, Service and Trip or any part thereof. You will be required to pay either a deposit and the remaining payments can be made in instalments, or pay the full amount for a Trip as per the option that is suitable to you to secure your spot. Any purchase of any digital products or travel planning services needs to be paid in full at the checkout.
We reserve the right to change the price without any notice prior to you completing the booking with us. You can make the payment through most of the accepted credit cards and debit cards (such as Visa, MasterCard, Amex etc). We do not accept cash or cheques.
If you select one of the payment plans you will be sent reminder emails from us around the due dates with a link to make the instalment or remaining payment, alternatively payment links can be found in the initial payment confirmation email. The full amount for the Trip is required to be settled a minimum of 12 weeks before the Trip start date.
We reserve the right to charge credit card surcharges charged to us in the event that payments are made by you using a credit, or debit card. If you’re using a credit card to pay for the Trip package or Services, you agree to us obtaining payment from your credit card issuer without any objections, cancellations or disputes whatsoever after the completion of the Trip or Services.
We use all reasonable efforts to ensure that all of the information you give us when booking the Trip or the Services is secure by using an encrypted secure payment mechanism. However, save for cases of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
Pricing
In the event that we discover an error or inaccuracy in the price at which your Trip was booked, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of re-booking your Trip at the correct price or cancelling your Trip with us. If you choose to cancel your Trip and payment has already been debited, the full amount will be credited back to your original method of payment.
The Trip prices on our website can be subject to variable and seasonal pricing, both of which are standard practices within the travel industry. This means the Trip prices may vary at any time in accordance with demand, market conditions and availability. It is possible that different travellers on the same trip may have been charged different prices. Once you have paid the deposit or the Trip price in full, your inclusion on the Trip will be reserved, subject to these terms. Any reduced pricing or discounts that may become available after you have booked will not apply to your confirmed booking. Our website reflects the current pricing for the Trip or any Services at that time.
Payment failure
If you fail to pay the final balance by the specified due date, your spot on the Trip may be automatically cancelled without any further notice. In such cases, any deposits or payments made by you prior to such cancellation will be forfeited due to the failure of the balance payment. Pretty Planet will not refund you any such forfeited sums. It is your responsibility to ensure that all the balance amount is paid on a timely payment basis to secure your spot on the Trip. Any exceptions or extensions to the payment deadlines are not guaranteed and may be granted solely at the discretion of Pretty Planet.
7. During The Trip
Trip participation
You will meet us at the designated Trip start point at the time notified to you in advance. Please ensure that you arrive on time to avoid any delays on the Tour or any part thereof and not cause any inconvenience to other travellers of the group. We will provide general and safety information about the Trip and you shall ensure that you comply with such instructions.
You must carry a valid passport throughout the duration of the Trip and must have obtained all of the appropriate visas, permits, medical vaccinations and certificates for the countries which you will visit during your Trip. Your passport must be valid for at least six months beyond the duration of the Trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your Trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
You are solely responsible for the safety of your personal possessions during the Trip, and we will not be liable for any loss or damage suffered to your personal possessions, including theft or mugging.
We are not responsible for any extensions, extra activities, tours etc booked outside the itinerary, though we can help you plan it.
You shall not cause any inconvenience, assault, dispute, or argument with other travellers of the group. You hereby understand that Pretty Planet is not responsible or liable for any injury caused to you due to your actions.
Special requirements
Any special requirements must be disclosed at the time of booking the Trip with us. We will use all reasonable efforts to accommodate any special requirements or requests, however, you understand and acknowledge that this may not always be possible given the nature of some destinations and the availability of options outside a planned itinerary.
If your mobility is limited in any way, you might not be able to participate in certain activities. If you have any food allergies or dietary restrictions, you shall disclose this to us at the time of booking. We cannot guarantee that dietary needs or restrictions can always be accommodated. You understand and agree that Pretty Planet shall not be held liable for any failure to provide for such allergies and dietary restrictions and all actions taken by Pretty Planet are on a reasonable endeavours basis.
Photography
You hereby agree to waive any rights in the images, photos, videos, and films that may contain or feature you and being taken by Pretty Planet, tour guides, organisers, or other travellers in the Tour group. You hereby give us your consent to any such images, photos or videos being taken to reproduce for marketing, promotions and the creation of promotional materials without any further obligation or compensation payable to you. If you wish not be to featured, you should immediately contact us and we will remove such material that contains or features you.
8. Third-Party Suppliers
You hereby understand and agree that the Trip or any part thereof (such as local accommodation, transport, transfers, tours, meals, extras etc) may be outsourced to a third party or local tour agencies without any consent from you. To the maximum extent permitted under applicable law, Pretty Planet is not liable for any acts or omission of such third-party suppliers including where such third-party supplier caused delay to any part of the Trip or negligently provided services.
9. Travel Insurance & Limitation Of Liability
You must take out suitable and comprehensive travel and medical insurance before the Trip commences and must maintain its validity at all times during the Trip. You acknowledge that without such travel insurance, you will be responsible for all costs arising from any cancellation, repatriation or rescheduling of your Trip or any emergency (medical or other) that may arise during your Trip.
In any event, and subject to clause 12 below, you will not hold us responsible for any damage, harm, injury or loss that you may suffer including death and personal injury. We suggest you should obtain comprehensive travel insurance which covers cancellation costs, curtailment, personal liability, loss of luggage, loss of passport and personal effects etc.
10. Intellectual Property
Website content
Any information shared with you before or during the Trip, all digital products and services sold to you, and all materials on our website (including text, blogs, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software and other website content) is the sole property of Pretty Planet. We reserve all the rights in any intellectual property rights owned or licensed to us in the website content.
You may make a temporary electronic copy of all or part of the website content for the sole purpose of viewing it. You must not otherwise reproduce, screenshot, transmit, adapt, distribute, sell, modify or publish any website content or otherwise commercialise any website content without prior written consent from us or as permitted by law.
In this clause, ‘Intellectual Property Rights’ means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
Reviews
As a customer, you may have the option to share with us or the public any feedback, review or suggestions on our Trips and Services. By posting any reviews on our website, you represent and warrant that (a) you are authorised to provide such review, (b) the review is free from any harmful, discriminatory, defamatory or malicious false implications and does not contain any offensive or explicit material, (c) the review does not contain any ‘passing off’ of any products or services, (d) the review does not infringe any intellectual property rights, (e) the review is honest, accurate and presents a fair view of the relevant Trip or Service experience, and (f) the review does not breach or violate any applicable laws.
By uploading or posting any reviews, you grant to us (and our agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any intellectual property rights in that reviews in order for us to use, exploit or otherwise enjoy the benefit of such reviews without any compensation to you.
We don’t have any obligations to screen reviews in advance of them being posted and your compliance with these terms is your responsibility. However, we may, if we choose, review and remove any reviews at any time without giving any explanation or justification for removing the material and/or information.
11. Trips & Services Disclaimer
All information provided by us, including information that is provided by us on our website (or via email, chat, or call), as part of the Trip package or Services, is of a general nature. No information provided by us, particularly through our digital products is intended to be professional advice of any kind and it should not be relied on as such.
You understand and acknowledge that during the Trip, you will be exposed to various risks, including accidents, injury or even death. You assume all risks associated with each Trip, including but not limited to injury, risks inherent in travelling, physical risks inherent in outdoor activities, risks associated with the use of fire, risks of local wildlife, the effects of weather, including high heat, cold and/or humidity, and the loss, theft, or damage of your or other’s personal property. You understand that we are not liable for any loss or damage suffered by you at any time.
We urge you to consider if the Trip is right for you with regard to your specific circumstances, including any health conditions, physical fitness and camping/outdoor experience and aptitude. Some parts of the Trip may be risky, including inclement weather, fires, storms, wild animals, and other natural dangers. You agree that when you travel with us for the Trip, it is solely and entirely at your own risk.
12. Liability
Limitation of liability
To the maximum extent permitted by applicable law, the maximum aggregate liability of Pretty Planet to you in respect of loss or damage sustained by you under or in connection with these terms is limited to the total fees paid to Pretty Planet by you for that particular Trip package or Services under which such claim arises.
Indemnity
You agree at all times to release, indemnify and hold harmless Pretty Planet, its directors, shareholders, volunteer officers, employees and agents (indemnified party) from and against any loss (including reasonable legal costs), damage, injury, claims, cause of action or liability incurred or suffered by any of indemnified party where such loss, damage, injury, claims, cause of action or liability was caused or contributed to by you, or any of your personal representative, members of your family: (a) breach of any term of these terms; (b) your failure to procure the appropriate travel and medical insurance in respect of the Trip; or (c) negligent, fraudulent or criminal act or omission.
Consequential loss
We will not be liable for any indirect, incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these terms or any services provided by Pretty Planet, except to the extent this liability cannot be excluded under the applicable consumer law.
Insurance claims
Without limitation to the other provisions of these terms, you acknowledge that Pretty Planet is not liable for any claim under or in relation to or arising out of these terms unless you have first made a claim under the travel and medical insurance policy held by you that may cover that respective claim, and that claim has been denied in whole or partly by the relevant insurer. Pretty Planet’s liability (if any) will be reduced to the extent the loss or damage is caused by or contributed to by you.
This clause 12 applies to the fullest extent permitted under the applicable law and will survive the termination of these terms.
13. Information On Our Website
While we make every effort to ensure that the information on the website is as up-to-date and accurate as possible, you understand and agree that we do not (to the maximum extent permitted by law) guarantee that the website will be free from errors or defects (or both), the website will be accessible at all times, the messages sent through website will be delivered promptly or delivered at all, information you receive or supply through the website will be secure or confidential, and any information provided through the website is true or accurate.
14. Links To Affiliates & Third-Party Websites
Our website may from time to time display, or contain links to affiliated websites or other third-party websites that are not under our control or our responsibility. We have no control over the content of any linked or third-party websites, and we are not responsible for any content therein.
We may simply link such websites for your reference and to enhance the experience and such a link to a third-party website does not imply our approval or endorsement of the third-party website. Please note that some links are affiliate links which means if you purchase any products or services from such affiliated third-party websites, Pretty Planet may get a small percentage commission of sales made, but this is at no extra cost to you. By using these, you are supporting Pretty Planet.
You hereby understand and agree that any third-party terms and conditions may apply, wherever applicable. You agree to such third-party terms and conditions, and we will not be liable for any loss or damage suffered by you in connection with such third-party services to you.
15. Complaints
Pretty Planet takes every step possible to ensure a smooth operation, however if you do have a complaint during your Trip please inform your host at the time so that they can attempt to rectify the issue. If you believe that your complaint has not been resolved, then the complaint should be put in writing and emailed to hello@pretty-planet.co.uk within 14 days of the end of the trip. If your concern relates to any Product or Service purchased through Pretty Planet, please also email hello@pretty-planet.co.uk so it can be reviewed appropriately.
16. General
End of the contract
If these terms are ended it will not affect our right to receive any money which you owe to us under these terms.
Third-party rights
No one other than a party to these terms has any right to enforce any term of these terms.
Severance
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms are not limited or otherwise affected.
Assignment
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Entire agreement
These terms constitute the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
Costs
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
Notices
Any notices under these terms shall be in writing and in English, addressed and delivered via email to the other party at such address as such other party may designate for the receipt of such notices.
Governing law and jurisdiction
These terms are governed by the law of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
Interpretation
- (singular and plural) words in the singular include the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (traveller) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to “you” or a “party” includes that party’s successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of these terms will be interpreted adversely by a party because that party was responsible for the preparation of these terms or that provision.