AGREEMENT

1. Your agreement is with Educational World Travel Pty Ltd (EWT) whose details and address appear on the front page of the Application to Travel.

2. By signing this Application and travel Terms and Conditions you confirm that you have read and fully understand the following Terms and Conditions and agree to abide by and be bound by the Terms and Conditions.

3. In addition to the signing of this agreement the Applicants use of any tickets and documents shall constitute your acceptance, as well as your parental/guardian’s acceptance if you are a minor, and your agreement and consent to the Travel Terms and Conditions of this agreement.

PRICE

4. The price for the tour does not include the following which are the responsibility of the traveller to arrange and pay for:

(a) The traveller’s passport, visas and any departure or entry taxes.

(b) The traveller’s prescribed or other medication.

(c) The travellers clothing and personal items suitable for the location and activities of the tour.

(d) Spending money.

(e) EWT endeavours to maintain its advertised price but reserves the right to increase this price without notice at any time up to and including the day of departure of any tour in the event of exchange rate fluctuations, increases in fuel costs, airport charges, airfares or increases in ground operator services fees.

(f) Each traveller is responsible for emergency evacuation expenses.

5. Payment of the price shall be as follows:

• An initial non-refundable deposit of $500.00.

• 1st payment instalment of $1,000.00 due 60 days after initial deposit.

• 2nd payment instalment of $1,000.00 due 60 days after 1st instalment.

• 3rd payment instalment of $1,000.00 due 60 days after 2nd instalment.

• 4th payment instalment of $1,000.00 due 60 days after 3rd instalment.

• 5th payment instalment of $1,000.00 due 60 days after 4th instalment.

• Deposit and instalment payments that are to total $5,500.00 are all to be paid prior to the final payment invoice being issued.

If payment of any part of the price is made by Credit Card then a 1% surcharge shall be added to the payment amount.

CANCELLATION

6. Should you decide to cancel from the tour then a cancellation fee will apply dependant upon the time of your cancellation.

(a) For cancellation more than 12 months prior to the tour final payment due date, the cancellation fee is $500.00.

(b) For cancellation between 12 months and 9 months prior to the tour final payment due date, the cancellation fee is 20% of the tour cost.

(c) For cancellation between 9 months and 3 months prior to the tour final payment due date, the cancellation fee is 40% of the tour cost.

(d) For cancellation between 3 months prior to the final payment due date and 1 month prior to travel, the cancellation fee is 60% of the tour cost.

(e) For cancellation less than 1 month prior to travel, the cancellation fee is 100% of the tour cost.

At any time, any additional cancellation costs imposed by any airlines, hotels or tour companies for the cancellation of tickets or accommodation shall be paid by the traveller and shall in addition be deducted from the remaining balance of the price paid by the traveller.

TRAVELLERS’ HEALTH

7. The traveller must ensure that he/she is in good physical, emotional and mental health prior to the tour, noting the destination and the activities that will occur on the tour. The traveller has completed the Medical Release Form being part of the Application Form. The traveller agrees to advise EWT if any of the information supplied changes prior to the departure date of the tour.

8. The traveller has disclosed to EWT prior to the tour final payment date;

(a) all medical information relating to allergies, existing medical condition(s) or any other like information that should be disclosed to EWT relevant to the traveller and to the tour including asthma, anaphylactic issues, physical disability and any issues of autism, depression or anxiety from which the traveller suffers.

(b) dietary issues including lactose or gluten intolerance or a celiac condition.

(c) if the traveller has not disclosed the information referred to above to EWT then the traveller acknowledges that the failure to do so could result in the traveller being withdrawn from the tour at any time either before departure or during the tour.

(e) EWT shall not be responsible for any medical, dental, hospital, ambulance, pharmaceutical or other treatment expenses incurred by the traveller whilst on the tour and the traveller indemnifies EWT regarding such expenses incurred.

INSURANCE

9. (i) Comprehensive Travel Insurance is mandatory for all EWT travellers. Insurance cover for any existing medical condition is also mandatory.

(ii) EWT offers a Comprehensive Travel Insurance policy as part of the tour package. The offered insurance provides coverage from 10 weeks prior to departure.

(iii) Complete details of the Travel Insurance offered by EWT, including the company and their insurance Terms and Conditions together with coverage amounts is provided to you for your consideration as a separate document to this application to travel.

(iv) Comprehensive Travel Insurance can be obtained from an insurance provider of your choice. A copy of your Certificate of Insurance is required by EWT prior to travel should you decide to obtain insurance from another Travel Insurance provider.

(v) Travel Insurance is included in the tour price.

10. The traveller’s baggage and personal property throughout the tour is at the “owner’s risk”. EWT shall not be responsible or liable for the loss or damage to any of the traveller’s baggage or personal property.

TOUR ITINERARIES VARIATIONS AND VIABILITY

11. EWT reserves the right to alter, amend or cancel any of the arrangements contained in the tour itineraries.

12. If in the opinion of EWT the tour is no longer viable because of cancellations or where other circumstances that are beyond EWT’s control, then EWT shall;

(a) where there are cancellations treat all of the travellers of that tour as having cancelled his/her participation in that tour; and,

(b) where those travellers wish to and are eligible to participate in another of EWT’s tour(s), do its best to arrange another EWT tour suitable to the traveller.

EWTS’ POSITION

13. The traveller acknowledges that EWT acts only as agents for hotels, airlines, bus companies, railway and ferry companies, or other services, and all coupons, exchange orders, receipts, contracts and tickets issued by EWT are issued subject to any and all tariffs, terms and conditions under which any accommodation, transportation or any other services whatsoever are provided by such hotels, airlines, bus companies, railway and ferry companies, or owners or contractors, and by the acceptance of such coupons, exchange orders, receipts, contracts and tickets, the traveller agrees to the foregoing and also agrees that neither EWT nor any affiliate company or subsidiary shall be liable or responsible for any loss, injury or damage to person, property or otherwise in connection with any accommodation, transportation or other services or resulting, directly or indirectly, from acts of God, dangers incident to the sea, breakdown in machinery or equipment, acts of government or other authorities, wars whether declared or not, hostilities, civil disturbances, strikes, riots, thefts, epidemics, quarantines, medical or customs regulations, delays or cancellations of or changes in itinerary or schedules, or from any causes beyond EWT’s control, or for any loss or damage resulting from improper passports, visas or other documents, and that EWT shall not be liable or responsible for any additional expense or liability sustained or incurred by the traveller as a result of the above stated matters

14. EWT maintains no control over the personnel, equipment or operation of the travel tour, airlines, operators, suppliers or other providers in the itinerary. EWT assumes no responsibility for, and is not liable for any personal or bodily injury, property damage or other loss, accident, delay or inconvenience resulting from but not limited to a wrongful, negligent or unauthorised act or omission by an employee of an operator, provider or supplier; or any wrongful or negligent act or omission by any party not under the total control, direction and supervision of EWT.

15. During the tour, the traveller must be aware of the risks and dangers associated with various activities in which the traveller may, at his/her own discretion, participate. Activities such as swimming, snorkelling, diving, boating, surfing, sailing, water skiing, motor scooters, auto rentals, attending clubs and night activities, and any other sporting event or physical exertion, bear certain risks of personal and bodily injury and other risk of loss. The traveller’s participation in such activities is entirely voluntary, and if the traveller decides to participate in any of these activities, it is done so at the traveller’s own risk. EWT shall not be liable for any damage, loss or injury that may result from the traveller’s participation in any of these activities. The traveller should make certain that any provider of these services furnishes you with equipment that is well maintained. The traveller must carefully inspect items that you use.

TRAVELLERS’ OBLIGATIONS

16. The traveller, your parents and/or guardians alone are responsible for your conduct and activities in the course of this trip and you release EWT from any and all rights, claims, actions, demands, costs and expenses arising out of your conduct and actions. Further, the traveller shall indemnify EWT for any costs and expenses of whatsoever nature and including legal expenses incurred by it resulting from your conduct or actions or involvement in any activity whilst on the tour including any damage caused by the traveller to property or bodily injury to another person.

17. (a) The traveller agrees to comply with all legislation, immigration, customs and foreign exchange regulations of the countries to and through which the tour shall pass.

(b) EWT reserves the right to cancel a traveller’s tour prior to the commencement of the tour, if in the Group Leader’s opinion, the traveller’s behaviour prior to travel places the tour in jeopardy or is a risk to other travellers. The Cancellation clause of these Terms and Conditions will then apply.

(c) Further, EWT reserve the right to cancel a traveller’s tour prior to the commencement of the tour, if the traveller’s behaviour prior to travel makes it impossible to find a tour host for the traveller. The Cancellation clause of these Terms and conditions will then apply.

(d) The traveller agrees that he/she will abide by the decisions of the tour leader or leaders engaged by EWT whilst a tour is in progress.

(e) EWT reserves the right to withdraw any traveller at any time at its sole discretion and the tour leader may, at any time require any traveller to leave the tour in circumstances where EWT determines the continued presence of the traveller prejudices the tour’s good order or discipline whether involving a contravention of the law of any country to or through which a tour passes or otherwise. In such circumstances, the traveller will be treated as having cancelled his/her participation in the tour.

(f) EWT, its agents and the tour leader or any teacher or adult having control or supervision of a traveller, reserves the right to return the traveller to Australia if in the opinion of EWT this is warranted and after discussions with the traveller are non-productive.

(g) In the event that the traveller is removed from the tour and returned to Australia for breach of the above sub-paragraphs, then any additional expenses incurred by EWT to return the traveller home are at the travellers expense and the traveller will reimburse EWT if that expense has been paid by EWT.

LIABILITY

18. The traveller and where the traveller is under the age of 18 years the parent or legal guardian of the traveller will at all material times indemnify and keep EWT indemnified, its employees and its tour leaders against all liabilities incurred by the traveller and or his/her parent or legal guardian as a result of any of the following:

(a) the failure to ensure the traveller is in good health at the start of the tour.

(b) the failure to have all necessary documentation available at the start of the tour.

(c) any actions by the traveller whereby EWT is sued or held liable for that traveller’s actions for restitution, compensation or damages.

19. Where EWT, its employees or tour leaders cannot comply with the promises made for the tour for reasons over which they have no control then the traveller and his/her parents or guardian waives any and all claims that he/she may now or in the future have against EWT, its employees and tour leaders, and releases EWT, its employees and tour leaders from all liability and agrees not to sue EWT, its employees and tour leaders.

NON-TRANSFERABILITY

20. A traveller and/or their parent or legal guardian shall not assign the benefit of this Agreement to any other person without the prior written consent of EWT.

MARKETING (PHOTOS AND OTHER MEDIA)

21. The traveller grants EWT full permission to record any or all of my child’s participation in this tour for photos, motion pictures, videotapes, and other media known and unknown, and to use them, no matter by whom taken, in any manner for publicity, promotions, advertising, trade or commercial purposes, without any reimbursements of any kind due to the traveller, or the need to pay the traveller any fee.

JURISDICTION

22. (a) This Agreement shall be governed and construed in accordance with the laws in force in Victoria for the time being and the parties hereby submit to exclusive jurisdiction of the courts of Victoria, and

(b) These Terms and Conditions shall apply and except as excluded by any laws in force in those countries the limitations relating to liability and other provisions imposed or implied shall apply.

GENDER (Hotel Rooming)

23. Hotel rooming is quad share based on gender as per passport. Should there be a particular request contrary to this then EWT must be notified at the time of completing the tour application. The traveller will receive a separate letter, Consent Form and Acknowledgement and Waiver Form from EWT. The traveller must read and confirm and fully agree with the contents of that letter and the said two Forms to that letter (if applicable).

TRAVELLERS FULL DISCLOSURE

24. The traveller has made full disclosure to EWT regarding all matters that are important and relevant to EWT regarding the tour and are referred to in these Terms and Conditions and upon which the traveller knows EWT relies upon.