Introduction
A. Tourism Australia (ABN 996 575 487 12) of Level 28, 180 George Street Sydney, NSW 2000 Australia (TA) operates the Travel Trade Hosting Program, in conjunction with the State or Territory Tourism Organisations (Partner), in which you as a travel trade representative, have been invited to Australia to experience relevant Australian tourism products first hand in order to improve your knowledge and skills to sell Australia more effectively (the Activity).
B. If you wish to participate in the Activity, you must agree to the following Agreed Terms which govern your participation.
Agreed Terms
1. Insurance
1.1 You acknowledge and agree that it is your responsibility to arrange comprehensive travel insurance, including to cover the following:
(a) overseas medical expenses, death, injury, personal accident and sickness;
(b) travel disruption;
(c) baggage (including personal effects and professional equipment);
(d) evacuation (e.g. due to political unrest and natural disaster), kidnap and ransom; and
(e) personal liability.
2. Covid-19
2.1 The health and safety of participants and the broader community are important to us. You agree to:
(a) adhere to the relevant government health and work safety advice, including isolating if you are unwell or presenting symptoms such as fever, cough, sore throat, and/or shortness of breath;
(b) comply with all biosecurity measures set out by the Australian Government outlined in the below link;
(c) adhere to TA’s and the operators’ health and safety guidelines based on best practice and relevant Government health and work safety advice;
(d) undertake to sign and agree to documents or forms in relation to Covid-19 issued by TA and/or the operator; and
(e) adhere to any airline requirements and Australian Government guidelines regarding your flight in or out of Australia.
2.2 TA will not cover any costs associated with contracting Covid-19 in connection with the Activity. It is strongly advised that you obtain Covid-19 travel insurance.
Biosecurity measures and travel restrictions may be in place in Australia to help prevent the spread of COVID-19. See: https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert/coronavirus-covid-19-travel-and-restrictions/coronavirus-covid-19-advice-for-international-travellers.
3. Visa
3.1 You are responsible for arranging an applicable visa for your visit to Australia to participate in the Activity. TA recommends that you follow the relevant guidance of the Department of Home Affairs on its website (https://immi.homeaffairs.gov.au/) and/or through your local embassy or consulate, and/or that you seek the assistance of a registered migration agent.
4. Release
4.1 You agree and acknowledge that:
(a) TA has engaged third parties to coordinate certain travel arrangements and items related to the Activity on your behalf;
(b) TA is not itself a tour operator, travel agent, carrier or hotelier, nor does TA own aircrafts, hotels or coaches. TA exercises reasonable care in the selection of reputable tour operators, travel agents, airlines, coach operators, hotels, cruise line operators, and other suppliers of health services, etc or the various travel services which are used in connection with the Activity; and
(c) all bookings are subject to the terms and conditions and limitations of liability imposed by tour operators, travel agents, airlines, coach operators, hoteliers and other service providers including but not limited to shipping, rail, car hire and restaurant operators, whose services are utilised, some of which limit or exclude liability in respect of death, personal injury, delay and lost or damage to baggage. You must take out an appropriate level of travel insurance against these risks.
5. Liability
5.1 Notwithstanding any other provision of this agreement and to the fullest extent permitted by law:
(a) TA and Partner, will not be liable for any:
(i) losses not covered by your comprehensive travel insurance (including death, injury, illness and medical expenses);
(ii) acts, omissions or default, whether negligent or otherwise, of those tour operators, travel agents, airlines, coach operators, shipping companies, hoteliers or other persons providing services in connection with the Activity pursuant to a contract between themselves and yourself (which may be evidenced inwriting by the issue of a ticket, voucher, coupon confirmation of the like) and over whom TA has no direct or exclusive control;
(iii) injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond TA’s control, or which are not preventable by reasonable diligence on TA’s part including but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any authorities, accidents to or failure of machinery or equipment or industrial action (whether or not involving our employees and even though such action may be settled by acceding to the demands of a labour group); and
(iv) indirect or consequential loss, or loss of income, profits, revenue or business, loss of or damage to goodwill, loss of business reputation, loss of data, loss of access to markets, loss of production, loss or denial of business opportunity, loss of anticipated savings, business interruption, or damage to credit rating, or medical expenses howsoever arising out of your participation in the Activity;
(b) TA’s maximum aggregate liability in connection with the Activity whether in contract, tort (including negligence), statute or otherwise will not the financial contribution TA has made regarding your involvement in the Activity as at the date of any claim; and
(c) you agree and acknowledge that for the period outside your travel itinerary hosted by TA you are entirely responsible for any act or omission you may commit which results in loss, injury or damage to yourself and any third party. You hereby release TA from any liability that may occur as a result of any such act or omission during this period and indemnify TA for any liabilities occurring as a result,
the above limitations of liability will not apply to the extent the loss is caused by TA’s breach of law or fraudulent or negligent act or omission.
6. The itinerary for your visit
6.1 Your itinerary has been created uniquely to enable you to achieve your visit objectives. You are required to review your itinerary carefully before you leave for Australia to note any activities listed that you are required to pay for (TA accepts no financial responsibility for these activities) and your obligations in relation to honoring all components of your itinerary. This includes:
(a) conducting all interviews and site inspections;
(b) attending all tours and meals;
(c) consenting to travel with any tourism guides or media escorts;
(d) checking in for all flights on time; and
(e) staying at the overnight accommodation, as outlined in your itinerary.
6.2 TA understands that there may be times when you may be running late for your appointments. If this occurs, it is your responsibility to contact the operator or person whose name appears on your itinerary and inform them of your delay.
6.3 You may not cancel or alter any part of your itinerary without first informing the TA contact specified in your itinerary. There is limited opportunity for TA to change your itinerary once you have commenced your journey in Australia. If you wish to change your itinerary during your visit, TA may require you to pay for alternative arrangements. TA will not accept financial responsibility for any activity that you organise on your own behalf and that is not listed on your itinerary.
6.4 Itinerary arrangements do not include expenses such as mini bar, in room entertainment, internet, laundry service, telephone, fax or other communication costs, tipping, drinks and alcohol, departure taxes and meals (unless specified otherwise).
7. Code of conduct
7.1 You acknowledge and agree to abide by the Code of Conduct involved in participation. The Code establishes the behavioural standards to be observed by TA’s staff, visit coordinators, escorts, participants and suppliers in connection with this Activity. It aims to ensure that high levels of safety and professional conduct are maintained from and towards all personnel attending such TA supported activities, during and outside of official activity hours.
7.2 The standards of behaviour to be observed include:
(a) showing respect towards others at all times, including being considerate, cooperative and collaborative;
(b) presenting and behaving in an appropriate professional manner;
(c) taking all reasonable steps to ensure own safety, including in relation to the responsible consumption of alcohol; and
(d) alerting TA staff, the visit coordinator or escort if an unsafe situation is observed or suspected.
7.3 Behaviour that is unacceptable or unwelcome includes:
(a) harassment whether direct or indirect (words or actions directed at a person that annoys, alarms or causes substantial emotional distress);
(b) discrimination whether direct or indirect (treating someone unfairly because of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin);
(c) sexual harassment (unwelcome, uninvited conduct that is offensive from the view of the person harassed, regardless of intent; unwelcome sexual advances, unwelcome request for sexual favours, any other unwelcome conduct of a sexual nature);
(d) physical abuse and uninvited physical contact;
(e) defamatory comments of any nature;
(f) any unlawful behaviour; and
(g) any damage to property.
7.4 Should any unacceptable or unwelcome behaviour be observed, anticipated, suspected or reported, TA may take any reasonable measure necessary to ensure the safety of participants, TA staff, visit coordinators, escorts and suppliers.
8. Your Privacy
8.1 TA is required to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and other applicable privacy and data protection laws.
8.2 You consent to us storing your personal information in databases that are hosted in Australia, and to us using your personal information to administer the Activity and to plan and manage your visit to Australia. Your personal information collected will be handled in accordance with the TA External Privacy Policy which can be found at http://www.tourism.australia.com/en/privacy-policy.html, which also contains information about disclosures and your data subject rights.
9. Talent release
9.1 You agree that during your visit to Australia, TA or its authorised agents, partners or contractors may film and record you. TA is solely and absolutely entitled to copyright in all material taken during photographic shoots relating to the Activity.
9.2 TA, or its authorised agents, partners or contractors, may use any of the images and footage to promote and/or advertise Australia as an incentive travel destination in any media, including videos, printed materials, etc, in perpetuity in any country in the world without payment to me and without my consent.
9.3 TA retains the right to edit, modify, re-use, sell or distribute any images or footage it may desire, subject to the above conditions.
10. General
10.1 If any term or provision of this Agreement is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from this Agreement and the remaining terms and conditions will be unaffected.
10.2 These terms and conditions are subject to the laws of New South Wales, Australia.
10.3 In this document unless the context otherwise requires:
(a) capitalized and undefined words have the meaning given to them in the schedule; and
(b) the use of the word "includes" or "including" is not to be taken as limiting the meaning of the words preceding it.
