Host Terms & Conditions

BEST IN TRAVEL GROUP TOUR HOST COLLABORATION TERMS AND CONDITIONS

Best In Travel Pty Ltd (ACN 621 775 746) (Tour Operator) is engaged in the business of developing, marketing, selling, and delivering group travel itineraries. You (Host) have a community that you can invite to join curated group trips and other travel experiences you create and promote.

The Tour Operator and the Host agree to these Group Tour Host Collaboration Terms and Conditions, which govern the contract between them, to formalise their respective rights and obligations with respect to the co-development, marketing, and operational delivery of a group tour product. These Terms and Conditions have been prepared to support the safe and effective delivery of the tour experience, and to clearly define the respective responsibilities of the Tour Operator and the Host.

1. DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires:

Booking Conditions means the standard terms and conditions of the Tour Operator that apply to Customers booking and participating in the Tour, as published and amended from time to time.

Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria, Australia.

Confidential Information means all non-public information (whether written, oral or in electronic form) relating to the business, affairs, operations, finances, trade secrets, technical data, customer lists, or contractual arrangements of either party, whether disclosed before or after the date of these Terms and Conditions.

Content means any material created or published by the Host for the purpose of promoting the Tour, including but not limited to images, videos, social media posts, blogs, reels, stories, and other multimedia formats.

Customer means a person who makes a booking with the Tour Operator and pays for the Tour.

Customer Price means the retail price charged to a Customer for the Tour, being the aggregate of the Tour Operator Price and the Host Margin.

Host Content means any Content created by or on behalf of the Host in connection with the Tour or its promotion.

Host Margin means the amount agreed between the parties to be added to the Tour Operator Price, which is payable to the Host in accordance with these Terms and Conditions.

Insolvency Event means any event in which a party becomes unable to pay its debts as they fall due, is placed in liquidation or administration, or is otherwise subject to formal insolvency proceedings.

Intellectual Property Rights means all present and future intellectual and industrial property rights (whether registered or unregistered), including but not limited to copyright, trademarks, designs, patents, moral rights, trade secrets, know-how, and domain names.

Minimum Numbers means, if relevant to the Tour, the minimum number of Customer bookings required for the Tour to proceed and the date by which the number is required to be satisfied, as may be specified any Specific Tour Terms.

Notices means any formal notice under these Terms and Conditions which must be in writing and delivered by email or registered post to the last known address or email address of the other party.

Social Media Platforms means any online platform where users create and share content or participate in social networking, including without limitation Instagram, YouTube, Facebook, TikTok, and any similar platforms.

Specific Tour Terms means the terms specific to the collaboration between the parties in relation to a Tour as issued by the Tour Operator (for instance, in email correspondence) and agreed by the Host either expressly or by conduct or implication.

Tour means the group tour comprising the Tour Inclusions and the Tour Itinerary to be collaboratively developed by the parties on the terms of these Terms and Conditions and delivered by the Tour Operator, as further described in the Specific Tour Terms.

Tour Inclusions means the services included in a Tour which may include accommodation, transport, meals, activities, the services of tour guides and participation in the Tour by the Host.

Tour Itinerary means the day-by-day plan for the tour, including destinations, activities, accommodation and transport and associated timings and arrangements.

Tour Operator Price means the base price for the Tour determined by the Tour Operator, inclusive of operational and administrative costs, including where applicable the Host’s travel expenses.

Tour Start Date means the first day on which the Tour commences, as specified in the Specific Tour Terms or otherwise agreed in writing.

Travel Insurance means a comprehensive insurance policy held by the Host that covers medical emergencies, repatriation, lost luggage, personal liability, and other travel-related contingencies.

2. TOUR DEVELOPMENT

2.1 The Host shall be entitled to provide input, feedback, and recommendations regarding the structure, content and features of the Tour. The Tour Operator shall give due and reasonable consideration to such feedback but shall retain full and final discretion over the Tour Inclusions, Tour Itinerary, selection of suppliers and overall composition, format and delivery of the Tour.

2.2 Each party shall bear its own internal costs associated with the development of the Tour unless otherwise agreed in writing.

3. PRICING

3.1 The Tour Operator shall work collaboratively and in good faith with the Host to determine an agreed sale price for the Tour (Customer Price), based on a comprehensive assessment of relevant cost inputs, including supplier quotes, contingency allowances, market conditions, and overall commercial viability.

3.2 Based on the agreed Customer Price, the Tour Operator shall provide the Host with an indicative estimate of the Host Margin. The parties acknowledge and agree that any Host Margin communicated prior to the Tour being formally confirmed is an estimate only and may be subject to change.

3.3 Following confirmation of the Tour by the Tour Operator (Confirmed Tour), the Tour Operator will proceed to confirm final pricing with its suppliers. Once supplier pricing has been finalised, the Host Margin may be recalculated accordingly, and the final Host Margin breakdown will be communicated to the Host no later than ninety (90) days prior to the scheduled start date of the Tour. At that point, the Customer Price and Host Margin shall be final and binding.

3.4 Once confirmed, the Customer Price shall not be varied without the mutual written agreement of the parties. The Tour Operator shall be responsible for publishing the Customer Price and managing all public communications relating to pricing.

3.5 The Tour Operator shall act as principal in all transactions with Customers and shall be responsible for all invoicing, payment collection, refunds, and currency conversion.

3.6 The Host must not advertise, promote, or communicate any pricing, discounts, or commercial offers relating to the Tour that differ from the Customer Price without the prior written approval of the Tour Operator.

3.7 The Host may, with the prior written approval of the Tour Operator, offer discount codes or promotional discounts to Customers in connection with the Tour. Any such discounts shall be applied solely against the Host Margin and shall not reduce the Tour Operator Price or impact the Tour Operator’s costs or margin. The Host acknowledges that any discounts offered will reduce the Host’s profit accordingly.

4. MARKETING AND PROMOTION

4.1 The Host shall ensure that all marketing activity in relation to the Tour:

(a) complies with the Tour Operator’s descriptions of the Tour;

(b) includes the correct Customer Price and booking channels;

(c) includes necessary legal and advertising disclosures in accordance with applicable laws, platform requirements and advertising codes;

(d) avoids making statements that are unverified, exaggerated or misleading.

4.2 The Tour Operator may (but is not obliged to) independently promote the Tour via its own channels, provided that the Host is entitled to the Host Margin regardless of the channel of conversion.

5. SALE AND OPERATION OF THE TOUR

5.1 The Tour Operator shall be solely responsible for:

(a) contracting with Customers and applying the Booking Conditions;

(b) payment processing and funds management;

(d) operational delivery of the Tour including staffing, logistics and itinerary execution.

5.2 The Host shall not make any arrangements directly with Customers or suppliers in relation to the delivery of the Tour, nor shall the Host receive any monies from Customers under any circumstances. The Host must not make any representations inconsistent with the Booking Conditions.

6. HOST ATTENDANCE AND PARTICIPATION

6.1 The Host agrees to attend and fully participate in the Tour, including pre-departure briefings, familiarisation activities, and post-Tour feedback sessions.

6.2 While the Host may be promoted or referred to in marketing materials as the “host” of the Tour, the parties acknowledge that the Host’s role is primarily community-focused and promotional in nature.

6.3 The Host attends the Tour in a community and ambassadorial capacity, focused on connection, engagement, and shared experience with Customers, and is not responsible for final operational or decision-making authority in relation to the Tour.

6.4 During the Tour, the Host may share suggestions, feedback, or preferences relating to activities or the overall experience and may assist with fostering group connection and engagement. However, all operational decisions, scheduling, safety matters, and on-the-ground delivery of the Tour remain the responsibility of the Tour Operator and the suppliers engaged to facilitate the Tour, with final authority resting with those suppliers and the Tour Operator’s appointed representatives.

6.5 The Host does not have authority to make decisions, commitments, or representations on behalf of the Tour Operator or its suppliers, nor to direct or manage Tour operations, staff, or service providers.

6.6 During the Tour, the Host shall:

(a) maintain a friendly, respectful and professional demeanour towards Customers and Tour staff;

(b) support group cohesion and morale and foster a positive group experience; and

6.7 The Host must not:

(a) assume any final decision-making authority in relation to the operation of the Tour in contradiction to instructions from the Tour Operator or its supplier, as described above;

(b) engage in any illegal or reckless activities;

6.8 Any significant issues or incidents that arise during the Tour must be reported promptly to the Tour Operator or its delegate.

6.9 The Host must:

(a) hold valid and appropriate Travel Insurance, and provide evidence of such insurance to the Tour Operator no later than 14 days prior to the Tour Start Date;

(b) ensure they possess a valid passport, necessary visas, and meet any health or entry requirements;

7. MINIMUM GUEST NUMBERS

If Minimum Guest Numbers (the number of guests required to confirm a Tour) are not achieved by a mutually agreed deadline, the Tour Operator may cancel the Tour at its sole discretion. In such case:

(a) all Customer payments shall be refunded in accordance with the Booking Conditions;

(b) the Host shall not be entitled to receive any Host Margin or other payment;

(c) the Tour Operator shall not be liable to the Host for any expenses, loss of income, reputational damage or other costs incurred in anticipation of the Tour, except where incurred in reliance on an express written representation from the Tour Operator that the Tour would proceed.

8. HOST MARGIN AND PAYMENT

8.1 The Tour Operator will provide the Host with regular sales reports showing confirmed Customer bookings.

8.2 Prior to payment, the Tour Operator shall provide the Host with a reconciliation report setting out confirmed Customer bookings and the final calculation of the Host Margin.

8.3 Payment of the Host Margin shall be made following receipt of a valid tax invoice from the Host, which must include the Host’s preferred bank account details (or approved alternative payment method) to facilitate payment. Payment is typically made on or after Day 1 of the Tour and, in any event, no later than five (5) Business Days after the conclusion of the Tour, subject to any deductions or withholdings permitted under these Terms and Conditions.

8.4 At the Host’s request, the Tour Operator may, at its discretion, provide an advance payment of up to the equivalent of $2,000 USD prior to the commencement of the Tour to assist with reasonable out-of-pocket expenses incurred in connection with the Tour, such as flights, accommodation, or related travel costs. Any advance paid shall be deducted from the final Host Margin payable following reconciliation.

8.5 The Tour Operator shall be entitled to withhold, offset or defer part or all of the Host Margin where:

(a) a dispute is raised regarding the Host’s compliance with these Terms and Conditions;

(b) a third-party claim is made against the Tour Operator arising from the Host’s conduct; or

8.6 If no dispute or claim is raised within five (5) days of the end of the Tour, any unpaid Host Margin shall become payable.

8.7 The Host shall issue a valid tax invoice in accordance with applicable tax laws and provide bank details for electronic payment. The Tour Operator shall not be liable for any delays caused by the Host’s failure to provide a compliant invoice.

8.8 The Host shall be responsible for all tax liabilities and other statutory obligations arising from any amounts received under these Terms and Conditions, including any obligations in the Host’s home jurisdiction.

9. INTELLECTUAL PROPERTY

9.1 The Host shall retain all right, title and interest in and to any Host Content created during or in connection with the Tour.

9.2 The Host grants the Tour Operator a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, and communicate the Host Content for the limited purpose of promoting the Tour. This licence is intended to allow the Tour Operator to market and promote the Tour consistently across relevant channels and does not affect the Host’s ownership of their content. The licence may be revoked in the event of a material breach of these Terms and Conditions.

9.3 The Host warrants that any Host Content does not infringe the Intellectual Property Rights or moral rights of any third party and indemnifies the Tour Operator from and against any liability arising from a breach of this clause.

9.4 The Tour Operator shall not materially alter any Host Content without the Host’s written approval, except for formatting or adaptation for digital platforms.

10. CANCELLATION AND NON-ATTENDANCE BY HOST

10.1 If the Host:

(a) cancels their attendance at the Tour for reasons other than serious illness, injury, or family emergency (supported by medical or legal evidence); or

(b) fails to materially fulfil their obligations under these Terms and Conditions;

then the Host shall:

(d) reimburse the Tour Operator for any non-recoverable expenses incurred on the Host’s behalf; and

(e) be liable for any losses suffered by the Tour Operator arising from Customer claims.

10.2 The Tour Operator shall be entitled to terminate these Terms and Conditions immediately in writing if the Host fails to attend the Tour.

10.3 Where cancellation occurs for a reason outside the reasonable control of the Host, the Tour Operator and Host shall act in good faith to endeavour to reschedule the Tour or substitute an equivalent representative, subject to the Tour Operator’s prior written approval.

11. CANCELLATION BY TOUR OPERATOR

11.1 If the Tour Operator cancels the Tour for reasons other than a failure to satisfy Minimum Numbers or due to a Force Majeure Event, then the Tour Operator remains liable to pay the Host Margin to the Host and is responsible for refunding Customers in accordance with the Booking Conditions.

11.2 If the Tour Operator is prevented from operating the Tour, or reasonably determines that it cannot safely, legally, or commercially proceed with the Tour due to an event beyond its reasonable control (including but not limited to natural disasters, fire, flood, pandemic, epidemic, government restrictions, travel bans, industrial action, war, terrorism, civil unrest, or any other event or circumstance that materially affects the viability of the Tour (Force Majeure Event), the Tour Operator may cancel the Tour by giving written notice to the Host. Upon cancellation in these circumstances:

(a) the parties will be released from any further performance of their obligations under these Terms and Conditions in relation to the cancelled Tour (except for any rights or obligations that have accrued prior to the date of cancellation);

(b) neither party will have any liability to the other for any loss, damage, cost, or expense arising out of or in connection with the cancellation of the Tour due to the Force Majeure Event;

(c) the parties will act in good faith to discuss the possibility of rescheduling or otherwise collaborating on a future tour; and

(d) for the avoidance of doubt:

(i) the Tour Operator must manage all Customers matters arising out of the Force Majeure Event in accordance with the applicable force majeure terms of the Booking Conditions; and

(ii) the Host is not entitled to any Host Margin for the cancelled Tour.

12. INDEMNITY AND LIABILITY

12.1 The Host indemnifies and shall keep indemnified the Tour Operator and its officers, employees, contractors and agents against all claims, demands, losses, damages, costs, expenses and liabilities arising out of any:

(a) breach by the Host of these Terms and Conditions;

(b) negligent, reckless or unlawful act or omission of the Host; or

12.2 The Tour Operator indemnifies and shall keep indemnified the Host against all claims, demands, losses, damages, costs, expenses and liabilities arising out of:

(a) any breach by the Tour Operator of these Terms and Conditions;

(b) any negligent or wrongful act or omission by the Tour Operator or its contractors in the operation of the Tour; or

12.3 Neither party shall be liable for any indirect, consequential or special losses, including loss of profits, business interruption, or reputational damage.

12.4 The maximum aggregate liability of either party to the other under or in connection with these Terms and Conditions (whether in contract, tort, or otherwise) shall not exceed the greater of:

(a) the total Host Margin paid or payable under these Terms and Conditions; or

(b) $20,000;

provided that this limitation shall not apply to liability arising from fraud, wilful misconduct or indemnity obligations.

13. CONFIDENTIALITY

13.1 Each party agrees to keep confidential and not to use or disclose to any third party any Confidential Information received or obtained in connection with these Terms and Conditions, except as required by law or with the prior written consent of the other party.

13.2 Each party shall take reasonable steps to ensure its employees and agents comply with this clause.

13.3 This clause survives the termination or expiry of these Terms and Conditions.

14. DISPUTE RESOLUTION

14.1 If a dispute arises under these Terms and Conditions, the parties must first attempt to resolve the dispute in good faith by informal negotiation and escalation to senior representatives.

14.2 If the dispute is not resolved within 14 days, either party may give the other party a written notice requiring resolution through mediation to be conducted within 30 Business Days of the notice. The parties shall agree on a mediator within 7 days of the notice. If no agreement is reached, a mediator shall be appointed by the Resolution Institute. If the dispute is not resolved at mediation then the parties shall be free to commence legal proceedings.

14.3 Each party shall bear its own costs of complying with this clause and share equally the mediator’s costs.

14.4 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

15. TERM AND TERMINATION

15.1 The agreement between the parties shall commence on the Commencement Date and shall continue until all obligations of the parties under these Terms and Conditions have been fulfilled, unless terminated earlier in accordance with this clause.

15.2 Either party may terminate agreement immediately by written notice if the other party:

(a) commits a material breach of these Terms and Conditions that is incapable of remedy;

(b) commits a material breach that is capable of remedy but fails to remedy it within 14 days of written notice; or

15.3 Upon termination all licences granted under these Terms and Conditions shall continue unless expressly revoked and each party must return or destroy the other party’s Confidential Information upon request. Termination shall not affect any accrued rights.

16. GENERAL

16.1 Entire Agreement: These Terms and Conditions (and any Specific Tour Terms) constitute the entire agreement between the parties and supersedes any prior understanding, representation or agreement.

16.2 Amendments: Any amendment to these Terms and Conditions must be in writing and signed by both parties.

16.3 Assignment: Neither party may assign or transfer its rights or obligations under these Terms and Conditions without the prior written consent of the other party.

16.4 Waiver: A waiver of any right or remedy under these Terms and Conditions is not effective unless in writing and signed by the party granting it.

16.5 Severability: If any provision of these Terms and Conditions is found to be unenforceable, it shall be severed from the Agreement and the remaining provisions shall continue in full force and effect.

16.6 Governing Law and Jurisdiction: These Terms and Conditions is governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals.

16.7 Relationship of the Parties: The Host is engaged solely as an independent contractor for the limited purpose of pre-tour promotional activity and is required to attend the Tour as a guest and participant. Nothing in these Terms and Conditions constitutes or shall be construed as creating a relationship of partnership, agency, joint venture, employment, or operational engagement between the parties.