Host Terms & Conditions
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY
CHANGES MAY BE MADE TO THESE TERMS AND CONDITIONS AND YOU WILL BE BOUND TO THESE CHANGES IF YOU CHOOSE TO PROCEED WITH OUR SERVICES AND USE OF THIS WEBSITE. WE WILL ENDEAVOUR TO MAKE YOU AWARE OF THESE CHANGES AND UPDATE THEM ON OUR WEBSITE.
Whilst Best In Travel will provide support in the planning and preparation of your trip, it will be your sole responsibility to set the final price in consideration of all inclusions and costs. Best In Travel will endeavour to provide guidance, however we strongly recommend you consider all these details thoroughly. Best In Travel will not be responsible for any unplanned costs you incur nor the profitability of your trip.
Best In Travel will accept the payments on behalf of the Host and Travellers. These funds will only used to pay deposits to suppliers/operators related to the Hosts trip as required to secure bookings (unless otherwise agreed). The balance of payments to suppliers/operators will be made once the trip commences.
Best In Travel will retain 10% of revenue from the trip for its services, with the balance of funds being the profit for the Host which is to be paid out within 7 days of completion of the trip.
Best In Travel will accept no other commissions from this trip from operators/suppliers or the like. A merchant fee of 2.9% will be charged on all credit card transactions which is the cost charged to the Company.
RESCHEDULING & CANCELLATION
CANCELLATION BY YOU
In the event you cancel a confirmed trip, fail to arrive at the destination or fail to host the trip you will be liable for any associated costs. For clarity, associated costs will be consistent with the Terms and Conditions provided by the supplier of services on the trip.
CANCELLATION BY THE COMPANY DUE TO FORCE MAJEURE EVENT
The determination of a Force Majeure event, and the subsequent operational amendments to The Trip will be at the discretion of the Operator and/or Company. Notwithstanding the above, the Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the Company’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)“): (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics, drought, bushfire, storm or other natural disaster, explosion, or public health and safety emergency characterized by an applicable government authority; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) other events beyond the reasonable control of the Company. In case of a Force Majeure Event, the Company shall provide you written notice of the Force Majeure Event, and provide notice of whether the Company, in its reasonable discretion elects to cancel the Trip or to Reschedule the Trip due to the Force Majeure Event.
The Host shall be the sole and exclusive owner of all content they produce on the trip, unless otherwise organised in agreement with the Company. The Host grants the Company limited rights to use any content produced purely for the promotion of the trip unless communicated in writing to the Company.
The Host grants limited rights to use pre-existing materials purely for the promotion of the trip on the trip web page or social media for instance.
HEALTH AND FITNESS
It is your sole responsibility to ensure that you are suitably fit to allow full participation in the trip. You agree to follow all proper and detailed medical advice for the latest health requirements and recommendations of their Trip destination including all vaccination requirements enforced by the country of operation. In the event you fail to adhere to the latest health requirements of the Trip’s destination, which results in the cancellation of the trip, you will owe the Company all funds or fees received by you related to the Trip and any associated costs.
VISAS AND PASSPORT
You accept full responsibility for all required documentation for this trip including, but not limited to valid passports, visas, vaccination status and any other requirements that the destination you are travelling to requires. Passports should have a minimum of 6 months remaining on them beyond the final day of your trip. The Company accepts no responsibility for incorrect or missing documentation and no responsibility for any costs incurred.
The Host shall perform their role as Host of the trip to the best of their ability and ensure they create a safe and inclusive environment for all travellers. The Host must be proactive as a leader of the group and work to ensure all plans are in place and the group is organised.
We strongly recommend that you take out your personal travel insurance inclusive of personal injury up to $200,000. Additionally, Best In Travel has taken out Public Liability and it is our belief and intention that this insurance covers you as the Host, HOWEVER IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU ARE COVERED TO YOUR OWN LEVEL OF SATISFACTION. We encourage you to review our Policy and seek professional advice if you wish. A copy of our Policy can be obtained by emailing your request to [email protected]
Host shall indemnify, defend, and hold harmless Company, its affiliates and their directors, officers, employees, agents, licensors, content providers, successors and assigns from and against all claims, liabilities, damages, judgements, awards, taxes, losses, costs or expenses of any kind whatsoever, including attorneys’ fees and other legal expenses, that are incurred by Company arising out of or resulting from: (a) any unauthorized use of the Company Website, any Company Programs, and any Company IP Assets or any content thereof; (b) any actions of a Traveler during a Trip; (c) any negligent, reckless, or intentionally wrongful act of Host or Host’s assistants, employees, or agents, (d) any breach by Host or Host’s assistants, employees, or agents of any of the covenants, warranties, or representations contained in these Terms, (e) any failure of Host to perform the Host Services in accordance with all applicable laws, rules, and regulations, or (f) any violation or claimed violation of a third party’s rights resulting in whole or in part from Company’s use of the Work Product of Host under these Terms.
We operate the Company, its website and trip services from Victoria, Australia. Whilst we invite people to use our website and services from anywhere in the world, by doing so you agree that the governing law for these activities will be Victoria, Australia.