Terms and Conditions for Animal Communication Retreats in Western Australia
1. DEFINITIONS AND INTERPRETATION
1.1 Unless the context otherwise requires, in these Terms and Conditions:
“Australian Consumer Law” or “ACL” means the Australian Consumer Law within the meaning of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Act 2010 (WA);
“Booking” means a reservation that has been confirmed by Burki Pty Ltd and in respect of which a deposit or full payment has been received;
“Burki Pty Ltd” means Burki Pty Ltd (ACN 160 393 171) and its successors and assigns;
“Goods” means all goods or services supplied or to be supplied by Burki Pty Ltd to the Guest;
“GST” means the goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Guest” means a person whose reservation for a Retreat has been confirmed;
“Loss” means any and all damage, loss, injury, harm, liability, action, claims, proceedings, expenses, disbursements and/or costs (whether direct, indirect, consequential, incidental or otherwise), including arising out of a claim by a third party;
“Party/Parties” means Burki Pty Ltd (ACN 160 393 171) and/or the Guest;
“Retreat” means the animal communication retreat in Bali, Indonesia;
“Terms and Conditions” means the terms and conditions set out in this document.
1.2 Unless the context otherwise requires, in these Terms and Conditions:
1.2.1 references to “us”, “we” and/or “our” in these Terms and Conditions shall mean Burki Pty Ltd and “You” and “Your” refers to you, the Guest and all other Guests in your booking;
1.2.2 the singular includes the plural and vice versa;
1.2.3 a reference to a gender includes other genders;
1.2.4 a reference to a person includes a Public Authority, a public body, a company and an incorporated or unincorporated association or body of persons;
1.2.5 a reference to a party includes a reference to the person’s executors, administrators, successors, substitutes and permitted assigns;
1.2.6 a reference to a clause, schedule, attachment or appendix is a reference to a clause in, or a schedule, attachment or appendix to, these Terms and Conditions;
1.2.7 headings are included for convenience only and do not affect the interpretation of these Terms and Conditions;
1.2.8 a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
1.2.9 no rule of interpretation is to be applied to disadvantage Burki Pty Ltd, on the basis that it was responsible for preparing the Terms and Conditions;
1.2.10 if a word or phrase is defined, other grammatical forms of that word or phrase have a corresponding meaning;
1.2.11 if the word “including” or “includes” is used, the words “without limitation” are taken to immediately follow;
1.2.12 a reference to a liability includes all obligations to pay money and all other losses, costs and expenses of any kind;
1.2.13 a reference to a day is to a calendar day, a month is to a calendar month and a year is to a calendar year;
1.2.14 a reference to a monetary amount means that amount in Australian currency, inclusive of GST unless otherwise specified.
2. YOUR AGREEMENT WITH US
2.1 By making a reservation you confirm that you have carefully read, fully understood, accepted and agreed to be unconditionally bound to these Terms and Conditions. Parents/legal guardians accept these Terms and Conditions on behalf of minors.
2.2 If you are making a reservation on behalf of one or more persons, you are deemed to have the authority to act on behalf of those persons that are the subject of the reservation. You warrant that we may rely on such authority and further that you will be liable for ensuring such persons fully understand and adhere to these Terms and Conditions.
2.3Unless otherwise agreed in writing, these Terms and Conditions embody the entire agreement between the parties in relation to the subject matter covered by these Terms and Conditions.
2.4 You warrant that you have not relied on any representation or statement made by or on behalf of Burki Pty Ltd that is not expressly included in these Terms and Conditions.
2.5 Certain laws such as the Competition and Consumer Act 2010 (Cth) and any applicable state based consumer legislation are in place for your protection. They are designed to ensure our services are provided with due care and skill and are reasonably fit for purpose. These Terms and Conditions do not alter any protection given to you by the Australian Consumer Law.
2.6 No guarantees or warranties, express or implied, are made that the Retreat will meet all of your expectations.
3.1 To secure your reservation, a non-refundable deposit of $500.00 per person is required to be paid within three (3) working days.
3.2 On receipt of your deposit, subject to availability and at our discretion, we will reserve your place on your selected Retreat. A contract for the sale and supply of services is only made between you and Burki Pty Ltd upon your reservation being confirmed and accepted by us and our confirmation thereof to you.
4. PRICE AND PAYMENT
4.1 All prices are quoted “per person” unless otherwise stated.
4.2 The balance or full payment must be received at least 28 days prior to commencement of the Retreat. If the Retreat commencement date is less than 28 days away, full payment is required to secure the reservation.
4.3 If full payment is not received by the due date, we may assume that you have cancelled and cancellation charges in accordance with clause 12 below will be levied by Burki Pty Ltd.
4.4 If a reservation is made and confirmed at a price which is erroneous, we may correct our error by notifying you in writing. Unless we agree to honour the erroneous price, you will have the right to cancel within seven (7) days of notification without penalty.
5. MINIMUM NUMBER OF GUESTS
5.1 We require a minimum number of four (4) persons for a Retreat to take place. In the event that the minimum number of persons is not met and the space cannot be filled, we reserve the right to cancel at no other costs on our side than refunding your deposit.
6.1 Please read the Itinerary carefully for the details of those items included in the price.
6.2 Your Retreat includes:
6.2.1 All accommodation as listed in the Itinerary;
6.2.2 Activities and meals as listed in the Itinerary.
6.3 No allowance or refund can be made for meals, accommodation, activities etc. that you elect not to take.
7.1 Transport to the Retreat: You are responsible for all travel arrangements and costs to/from the point of commencement/conclusion of the Retreat.
7.2 Transport during the Retreat on our excursions is not included: You will be asked to use your car or join another participant.
7.3 Additional/optional activities and all personal expenses
8. ALLERGIES AND SPECIAL DIETARY REQUIREMENTS
8.1 All food allergies and special dietary requirements must be disclosed to us in writing at the time of your reservation or at least 28 days prior to the commencement of the Retreat.
8.2 We will use reasonable efforts to accommodate special dietary requirements or requests but this is not always possible and we cannot guarantee that dietary needs or restrictions can be accommodated. The fact that a special request or requirement has been made and noted on any documentation or passed on to a supplier is not confirmation that the request will be met.
8.3 Any special requests do not form part of these Terms and Conditions or the contract between you and Burki Pty Ltd and we are not liable for any failure to accommodate or fulfil such requests.
9. AGE REQUIREMENTS
9.1 Guests under 18 years of age may be allowed to attend a Retreat provided they are accompanied by a parent or legal guardian and are approved by us prior to making a reservation.
9.2 All minors must be under the control of and accompanied by a parent or legal guardian on the Retreat, who takes full responsibility for monitoring the minor’s behaviour.
10. HEALTH REQUIREMENTS
10.1 It is your responsibility to assess the risks and requirements of each aspect of the itinerary based on your own unique circumstances, limitations, fitness level and medical requirements.
10.2 You warrant that you are medically and physically fit to participate in each aspect of the Retreat and that such participation will not endanger yourself or anyone else.
10.3 You must advise us at the time of reservation, of any physical, medical or other special needs that require accommodation. You must also advise us of any pre-existing medical condition which may impact your ability to participate in the Retreat, or may adversely affect the experience of others.
10.4 You understand that any medical or dietary information provided to us does not, under any circumstances, make us liable if a particular condition exacerbates while on a Retreat or affects your ability to participate in any portion of the Retreat.
10.5 We do not provide personal devices (such as wheelchairs, hearing aids or prescription eye glasses) or services of a personal nature (such as pushing a wheelchair or assistance in eating, toileting or dressing). A companion capable of providing such assistance must accompany any person who requires services of a personal nature.
10.6 We do not employ medical personnel. Any necessary medical attention will be provided by a local facility at your expense. We are not responsible or liable for any losses or costs incurred as a result of medical services obtained while on a Retreat, or for the quality of the care or services received.
10.7 You should be aware that some parts of the Retreat include nature trail, walking over uneven pavement, steps and locations which may not be easily accessible or accessible by wheelchair. Unfortunately, we cannot guarantee disability access or disability accommodation.
11. CHANGES TO THE ITINERARY
11.1 Many factors including weather, civil unrest or other unforeseen circumstances may affect our ability to provide any particular itinerary. We agree to use reasonable endeavours to provide a Retreat in accordance with our published itineraries. We reserve the right to vary itineraries.
12. IF YOU CANCEL YOUR BOOKING
12.1 Notice of cancellation must be made in writing to Burki Pty Ltd.
12.2 Your deposit is non-refundable upon cancellation by you.
12.3 Upon cancellation, you will be liable to pay a fee to cover the estimate of cost and expenses incurred by us. This is expressed as a percentage of the Retreat price and is calculated as follows:
PERIOD OF NOTICE – CANCELLATION FEE
More than 77 days’ notice – Deposit is forfeited
76 – 50 days – 50% of the Retreat price
49 – 29 days – 75% of the Retreat price
28 days prior to departure – 100% of the Retreat price
13. CHANGE OR CANCELLATION BY BURKI PTY LTD
13.1 We reserve the right to change or cancel your Booking in accordance with operating requirements or circumstances beyond our control.
13.2 Should change or cancellation prove necessary, we will give you reasonable notice thereof and where available, offer you a comparable alternative.
13.3 If an alternative is not available or acceptable, you will be entitled to transfer all amounts paid to an alternate departure date or receive a full refund.
13.4 In circumstances where cancellation is due to external events outside our reasonable control, refunds will be made less reasonable expenses incurred by us in respect of your Booking.
13.5 We are not responsible for any incidental expenses that may be incurred as a result of the change or cancellation.
14. FORCE MAJEURE
14.1 Except where otherwise expressly stated in these Terms and Conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”.
14.2 For the purpose of these Terms and Conditions, Force Majeure means any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely, the act of any government or other national or local authority, industrial dispute, labour strikes, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our control.
14.3 Should our cancellation be related to a COVID-19 lockdown, we will only keep the $500 deposit to partially cover our costs and you will get refunded the balance to your payment. Should you have to cancel due to interstate travelling / quarantine rules, the cancellation fee applies according to clause 12.
15. YOUR BEHAVIOUR
15.1 Our Retreats are run by Christina Burki (“Christina”). The decision of Christina is final on all matters likely to affect the safety or well-being of any person or staff member participating in the Retreat. If you fail to comply with such a decision made by Christina, Christina may direct you to leave the Retreat immediately, with no right of refund.
In the event of such termination our liability to you will cease and you will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you. No refunds for lost accommodation or any other arrangements will be made, and we will not pay any expenses or costs incurred as a result of termination. You may also be required to pay for loss and/or damage caused by your actions. Full payment of any such damage or losses must be paid directly to the resort/hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions, together with all costs we incur in pursuing any claim against you.
16. ANIMAL INTERACTION
16.1 The behaviour of any of the animals or the outcome/level of interaction is not guaranteed under any circumstances. You agree that the animals may be nervous within a group setting and you shall take full responsibility for your interactions with the animals.
16.2 All testimonials were given freely and are deemed to be typical results but are not intended to represent or guarantee that anyone will achieve the same or similar results.
16.3 Your ability to communicate with animals depends on a variety of factors, including your background, desire, dedication and motivation. Accordingly, we do not promise that any result or objective will be achieved, be achievable or be attained in whole, in part or by any given date.
17. ACCEPTANCE OF RISK
17.1 You acknowledge the hazards involved in the Retreat, particularly in relation to the interaction with animals, and have chosen to participate at your own risk.
17.2 You acknowledge that you have a duty to exercise reasonable care for your own safety and the safety of those for who you are responsible and you agree to do so.
18. ADDITIONAL/OPTIONAL ACTIVITIES
18.1 Additional/optional activities not included in the Retreat price do not form part of the Retreat or this contract. You accept that any assistance given by us or a local representative in arranging additional/optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
19.1 You are solely responsible for your own belongings and we are under no obligation to replace or compensate, nor shall we be liable for any loss or damage suffered as a result of your property being lost, stolen or damaged.
19.2 By making a reservation, you acknowledge, agree and understand that we offer recreational services (as defined in section 139A(2) of the Competition and Consumer Act 2010 (Cth)) and that there may be risks of personal injury, loss of life, damage to or loss of property that can be associated with these activities.
19.3 Limitation of liability: We contract with a network of companies, and individuals to assist in the running of our Retreat. We are not responsible for the acts and omissions of these third parties.
19.4 You agree that to the extent permitted by law, your right to sue for:
(b) physical or mental injury (including the aggravation, acceleration or recurrence of an injury);
(c) the contraction, aggravation or acceleration of a disease;
(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(i) that is or may be harmful or disadvantageous to you or the community;
(ii) that may result in harm or disadvantage to you or the community;
caused by any breach (that does not constitute a reckless breach by us) of the statutory consumer guarantees under Schedule 2 of the Competition and Consumer Act 2010 (Cth) is excluded.
19.5 If a condition or warranty cannot be excluded at law, then you agree to the fullest extent permitted by law that our liability for a breach of the condition or warranty shall be at our sole discretion, the re-supply or payment of the cost of re-supply of the relevant goods or services. All other conditions and/or warranties are expressly excluded to the fullest extent permitted by law.
19.6 To the fullest extent permitted by law, the operation of the Civil Liability Act 2002 (WA) is excluded in relation to all and any rights, obligations and liabilities under the contract, whether such rights, obligations or liabilities are sought to be enforced as a breach of contract or a claim in tort or otherwise.
20.1 You agree to indemnify, defend and hold harmless Burki Pty Ltd, its directors, officers, employees, consultants and agents from any and all third party claims, actions, demands, expenses, losses, liabilities, damages and/or costs (including but not limited to legal fees), arising from your use of our services or your breach of these Terms and Conditions.
21. PHOTOS AND MARKETING
21.1 Unless you have told us differently in writing before the Retreat, you consent to us using images of you taken during the Retreat for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
21.2 To ensure the privacy of children, images will not be identified using full names or personal identifying information without verbal/written approval from the parent or legal guardian.
23. CLAIMS AND COMPLAINTS
23.1 If you have a complaint about your Retreat, please inform Christina Burki at the time in order that she can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the Retreat. Any claims made after the 30 day period will not be considered by us.
24.1 If any term or condition of these Terms and Conditions is held invalid, illegal or unenforceable by any court of competent jurisdiction, that term or condition shall be severed to the extent of the invalidity, illegality or unenforceability and the remaining terms and conditions shall remain valid and enforceable to the fullest extent permitted by law.
25. GOVERNING LAW AND JURISDICTION
25.1 These Terms and Conditions shall be governed by and construed in accordance with the law in force in the State of Western Australia.
25.2 The Parties hereby submit to the exclusive jurisdiction of the courts of Western Australia.
26.1 You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodation. You are advised to immediately report any pre-existing damage in your room to resort/hotel staff and/or Christina Burki as soon as it is discovered.
26.2 While every endeavour is made to make the online reservations system free of any bugs, errors, viruses, failures, delay in transmission etc. we do not guarantee that the site or any of the services offered will be free of bugs, errors, viruses, failures and we do not accept any responsibility or liability for any bugs, errors, viruses, failures, delay in transmission etc. in the site. We reserve the right to cancel or amend any booking requests arising from such errors.
26.3 For future bookings, these Terms and Conditions may be different and so we recommend that you read these Terms and Conditions carefully each time you agree to them during the reservation process.
26.4 We will not change any terms and conditions for an existing reservation that has been accepted by us; the terms and conditions that will apply to the booking are the terms and conditions that applied at the time you made the reservation.