Terms of Service
Terms and conditions for using our travel services
Last updated: January 1, 2024
1. Acceptance of Terms
Welcome to BrightWhisper Edu. These Terms of Service ("Terms") govern your use of our website located at brightwhisper-edu.com and our travel services (collectively, the "Service") operated by BrightWhisper Edu ABN 12 345 678 901 ("us," "we," or "our").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.
2. Description of Service
BrightWhisper Edu provides premium private travel experiences throughout Australia, including but not limited to:
- Customized tour planning and coordination
- Guided tours and excursions
- Accommodation booking services
- Transportation arrangements
- Cultural and educational experiences
- Adventure and wilderness activities
3. Booking and Reservations
3.1 Booking Process
All bookings are subject to availability and confirmation by BrightWhisper Edu. A booking is confirmed only when you receive written confirmation from us, typically via email.
3.2 Pricing and Payment
- All prices are in Australian Dollars (AUD) unless otherwise specified
- Prices are subject to change until booking confirmation
- A deposit may be required to secure your booking
- Full payment is typically required 30 days before travel
- We accept major credit cards and bank transfers
3.3 Group Bookings
Special terms may apply to group bookings. Group rates and conditions will be specified in a separate agreement.
4. Cancellation and Refund Policy
4.1 Cancellation by Customer
- More than 60 days before travel: Full refund minus 10% administrative fee
- 31-60 days before travel: 50% refund
- 15-30 days before travel: 25% refund
- Less than 15 days before travel: No refund
4.2 Cancellation by BrightWhisper Edu
We reserve the right to cancel any tour due to insufficient bookings, safety concerns, or circumstances beyond our control. In such cases, you will receive a full refund or the option to reschedule.
4.3 Force Majeure
We are not liable for cancellations or changes due to events beyond our reasonable control, including but not limited to natural disasters, government actions, strikes, or pandemics.
5. Travel Requirements and Responsibilities
5.1 Travel Documentation
You are responsible for ensuring you have valid travel documentation, including passports, visas, and any required permits for your chosen destinations.
5.2 Health and Fitness
- You must disclose any medical conditions that may affect your participation
- Some activities require a minimum fitness level
- Travel insurance is strongly recommended
- We reserve the right to exclude participants who may endanger themselves or others
5.3 Age Requirements
Minimum age requirements may apply to certain activities. Children must be accompanied by a responsible adult unless otherwise specified.
6. Liability and Insurance
6.1 Limitation of Liability
To the fullest extent permitted by law, BrightWhisper Edu's liability is limited to the amount paid for the specific service. We are not liable for:
- Personal injury, death, or property damage
- Loss of enjoyment or inconvenience
- Delays or changes to itineraries
- Actions of third-party service providers
- Weather-related disruptions
6.2 Travel Insurance
We strongly recommend comprehensive travel insurance covering medical expenses, trip cancellation, and personal liability. Travel insurance is mandatory for certain high-risk activities.
6.3 Third-Party Services
We act as intermediary for various third-party service providers. We are not liable for the actions, omissions, or failures of these providers.
7. Conduct and Safety
7.1 Participant Conduct
All participants must:
- Follow guide instructions and safety protocols
- Respect local customs and environments
- Not engage in illegal activities
- Not endanger themselves or other participants
- Comply with all applicable laws and regulations
7.2 Right to Refuse Service
We reserve the right to refuse service or remove any participant who:
- Violates these terms or local laws
- Endangers themselves or others
- Disrupts the experience for other participants
- Fails to follow guide instructions
8. Intellectual Property
8.1 Website Content
All content on our website, including text, images, logos, and designs, is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or modify our content without written permission.
8.2 Photography and Media
By participating in our tours, you consent to being photographed or filmed for promotional purposes unless you explicitly opt out in writing.
9. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
10. Modifications to Service
We reserve the right to modify itineraries, services, or these Terms at any time. Significant changes will be communicated to you in advance when possible.
11. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or rights under Australian Consumer Law that cannot be excluded, restricted, or modified.
12. Dispute Resolution
12.1 Complaints Process
If you have a complaint, please contact us immediately. We will investigate and respond within 14 days. We are committed to resolving disputes fairly and promptly.
12.2 Governing Law
These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.
12.3 Mediation
Before pursuing legal action, both parties agree to attempt resolution through mediation.
13. Accessibility
We strive to make our services accessible to all participants. Please inform us of any special requirements or accessibility needs when booking so we can make appropriate arrangements.
14. Environmental Responsibility
As part of our commitment to sustainable tourism, we expect all participants to:
- Follow Leave No Trace principles
- Respect wildlife and natural environments
- Support local communities and economies
- Minimize environmental impact
15. Gift Certificates and Vouchers
- Gift certificates are valid for 12 months from date of purchase
- Gift certificates are non-refundable but may be transferred
- Bookings using gift certificates are subject to availability
- Any unused value will not be refunded
16. Communication
By using our services, you consent to receive communications from us via email, phone, or SMS regarding your booking and related services. You may opt out of marketing communications at any time.
17. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
18. Contact Information
For questions about these Terms or our services, please contact us:
BrightWhisper Edu
Level 12, 45 Collins Street
Melbourne VIC 3000
Australia
Email: [email protected]
Phone: +61 3 4623 5735
ABN: 12 345 678 901
19. Amendments
We may update these Terms from time to time. The most current version will always be available on our website. Your continued use of our services after any changes constitutes acceptance of the updated Terms.