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AmazingCo Experience Bookings

Terms and Conditions

Last updated October 14th, 2021

1. BACKGROUND

These terms and conditions apply to all Bookings made with us and set out your and our respective rights and obligations. The legal entity you contract with will depend on the location in which your Experience is to be provided and will be confirmed on our confirmation receipt. Please see the table in Section 12 for further information.

By completing a Booking you acknowledge that you have read, understood and agreed with these terms and conditions, any applicable Privacy Policy, and any other terms and conditions applicable to our engagement with you which we bring to your attention in respect of a Booking, which are each incorporated by reference (together, Booking Conditions). 

You must not proceed with or complete a Booking if you disagree with the terms of any Booking Conditions.

We reserve the right to change the Booking Conditions from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Booking Conditions. Your continued use of our services, Experiences, and Booking services after such modifications will constitute acknowledgement and acceptance of the modified Booking Conditions.

Capitalised terms used herein and not otherwise defined shall have the meaning given to them in Section 13.2 (Definitions).

2. OUR SERVICE

We provide you with access to an online platform where you can browse, search, discover and compare Experiences, and through which you can order, purchase, reserve, hire and conduct a Booking of such Experiences. These Experiences may be provided directly by us or sourced from Third Party Suppliers.  

Where an Experience, or any part of an Experience, is sourced from a Third Party Supplier, we act as an intermediary between you and the Third Party Supplier in respect of that Experience, or part Experience. That Third Party Supplier may also impose additional terms and conditions which apply to your Booking and you will be notified of these additional terms and conditions and be required to accept them in advance of participating in the relevant Experiences to which those additional terms and conditions relate.  

We are the supplier of, and liable to you for, Experiences provided directly by us according to our terms and conditions and your rights and remedies available at law. The Third Party Supplier will be the supplier of, and liable to you for the respective Experience, or part of the Experience, sourced from that Third Party Supplier according to their terms and conditions and your rights and remedies available at law. Third Party Suppliers are fully responsible for providing us with all rates, fees, prices, availability, policies, conditions, and other relevant information that is displayed on our Websites or provided by our AmazingCo Concierges. While we make every effort to work with trusted, reputable Third Party Suppliers, we cannot verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions to our services, Website, or other platforms, inaccurate, misleading, or untrue information, or non-delivery of information.

3. CONDITIONS AND RESTRICTIONS

3.1 General Conditions

By proceeding with a Booking you: 

a) confirm to us that you:

i) have the power and authority to complete your Booking and accept the Booking Conditions on behalf of each member of the Booking Party;

ii) have advised each member of the Booking Party of any relevant age and health requirements, or other conditions or policies that may affect participation in or attendance at an Experience;

iii) have considered and had the opportunity to take out appropriate insurance from a third party insurance provider; 

iv) are old enough to enter legally binding contracts (and where placing an order for Experiences with age restrictions, you confirm that all members of the Booking Party are of the appropriate age to use or attend the relevant Experiences);

v) have only provided information to us about the Booking Party that is true, accurate, current and complete (apart from any optional items); and

vi) will promptly update us if any of the information that you have provided to us at the time you complete your Booking changes before your Experience takes place; and

b) agree to make payments, and authorise us to make payments on your behalf to Third Party Suppliers, in accordance with Section 4.

We are entitled to rely on your authority (as the person making the Booking) to act on behalf of the other members of the Booking.

Carefully read all information provided by us, on our Website, in your reservation confirmation, Booking details, or provided by the Third Party Supplier, which may contain important information for additional policies as may be applied by the Third Party Supplier (including age requirements, security deposits, non-cancellation, additional fees for group bookings, etc.).

3.2 Special requests 

If you have a special request, you must advise us of that request, either by telephone or in writing prior to completing the Booking.  

While every effort will be made by us to satisfy any reasonable special request, we cannot guarantee that such special requests will be fulfilled and fulfilment of the special request will not be a condition of the Booking. If we or a Third Party Supplier do not satisfy a special request, you will not be entitled to any compensation or refund or otherwise have any applicable cancellation fee waived other than in accordance with the applicable Cancellation and Change Policy.

3.3 Age and Health Requirements

AmazingCo will notify you if a minimum age applies to any Experience prior to confirming your Booking. All members of a Booking Party under the age of 18 must be accompanied by a legal guardian or other responsible person over the age of 18. 

It is your responsibility to ensure that each Experience included in your Booking is appropriate for each member of your Booking Party. If you are unsure or have any questions, or if you or any member of your Booking Party has any medical issue or concern that may affect their enjoyment of any Experience which is part of the Booking, or would reasonably be considered to pose a health and safety risk in connection with any Experience which is part of the Booking, you must contact us and provide us with all relevant information (including full details of any medical issue or concerns) before completing your Booking. 

In such circumstances, we will make reasonable efforts to liaise with the relevant Third Party Supplier in connection with your proposed Booking before the Booking is confirmed so that we can provide you with such information reasonably required to allow you to determine the suitability of the proposed Booking.  

If we (where we provide an Experience directly), or a Third Party Supplier (where part or all of any Experience is provided by a third party), are unable to properly accommodate the particular needs of the member of your Booking Party with the medical issue or concern, we reserve the right to decline the Booking. 

If full details of any relevant medical issue or concern are not given to us at the time you make the Booking, we reserve the right to cancel the Booking when we become aware of these details if in our reasonable opinion the Experience is not going to be suitable. Cancellation charges may apply in accordance with the applicable Cancellation and Change Policy.

3.4 Your behaviour

Each member of your Booking Party is expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. 

We reserve the right to terminate your Booking immediately if in our reasonable opinion or in the reasonable opinion of any Third Party Supplier, any member of the Booking Party causes or is likely to cause distress, danger or nuisance to any other person or other third party or damage to any property, or to cause a delay or diversion to transportation.  

In such circumstances: 

a) your Booking will immediately come to an end and you will not be permitted to continue with the Experience; 

b) you will not be entitled to any compensation or refund in respect of the Termination of your Booking; and

c) neither we nor the Third Party Supplier will have any further obligations to you in respect of the termination of your Booking.

4. BOOKING AND PAYMENT TERMS

4.1 Availability of Experiences

Experiences offered on a Website are subject to availability and can be withdrawn or modified without prior notice by us and in our absolute discretion at any time prior to us confirming your Booking.

4.2 Payment

You agree to pay the purchase price (including applicable taxes) of your Booking in the manner stipulated at the time you submit your Booking request. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information.  

If the Booking process requires part payment or pre-payment at the time of Booking and part payment on the day of your Experience, by making the part payment or pre-payment you agree to provide the full payment in the manner stipulated. 

If, for any reason, your credit card or other payment processing company declines or otherwise refuses to pay the amount owed for the Booking you have purchased, you agree that we may, at our option, suspend or terminate performance of the Experience and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

4.3 Confirmation

If we accept your Booking, we will send you a Booking confirmation receipt. Your Booking is only confirmed once you receive our confirmation receipt.  

We will not issue a confirmation receipt for your Booking until you have provided all the information required to complete the Booking and have paid for the Booking in the manner stipulated.

On receiving our confirmation receipt you must carefully check all of the details as soon as possible. If you believe that any details on the confirmation receipt (or any other document) are wrong you should advise us as soon as possible of any changes required. Any changes made may be treated as a Cancellation or Change and subject to the applicable Cancellation and Change Policy.

4.4 Changes to purchase price

We reserve the right to change the purchase price of any Experience on our Websites at any time and without notice.

We endeavour to ensure that all details and prices for Experiences displayed on our Websites are accurate and up to date. However, we reserve the right to vary the purchase price of any Experience prior to the Booking confirmation in our absolute discretion, including: 

a) where the wrong price for an Experience was advertised on a Website or was otherwise communicated to you due to clerical, technical or administrative error; or 

b) where you request to Change the Booking, for example by adding participants, changing the date or extending the duration of the Experiences comprising the Booking.

4.5 Payment authorisation

You authorise us to charge your nominated payment method for the stated purchase price and any other fees or payments payable by you in connection with the Booking Conditions.

Upon completing your Booking you also authorise us to make payments for the Experiences on your behalf to Third Party Suppliers (as applicable). 

5. CHANGES AND CANCELLATIONS

5.1 Changes or Cancellation by you

If you or any member of your Booking Party wishes to Change or Cancel your Booking prior to an Experience, you must notify us in advance by email, telephone, online chat, or any other method we advise from time to time or as set out on our Website. Your notice once it is received by us will be treated in accordance with the applicable Cancellation and Change Policy: https://www2.amazingco.me/legals/terms/cancellation-policy

5.2 Changes by us

We may make Changes to your Booking (including Changes due to a requirement imposed by a Third Party Supplier) and we reserve the right to do so at any time. Most of these Changes will be minor and we will advise you of them in advance.  

Where, in our reasonable opinion, a Change is material, we will contact you to discuss your options which will include a cancellation and full refund of the purchase price (or points if applicable) or full or partial credit note. You acknowledge that we will otherwise have no responsibility or liability to you in relation to such a Change where it is impossible or impractical to perform the Booking as agreed.

5.3 Cancellation of a Booking by us

We reserve the right to Cancel your Booking in any circumstances, including:

a) if required by a Third Party Supplier; 

b) if an Experience requires a minimum number of persons and the minimum number of persons is not reached;

c) if the relevant Experience is no longer available or only available in a changed format in a manner that cannot be facilitated in accordance with the Booking; or

d) in connection with any events outside of our control as described under section 9.  

If we need to Cancel your Booking in accordance with this section, we will provide you with a full refund of the purchase price (or points if applicable), or a full credit note. You acknowledge that we will otherwise have no responsibility or liability to you in relation to such a Cancellation.

5.4 Cutting your Experience short

If, for reasons other than our Cancellation, you do not complete your Experience or otherwise you or any member of your Booking is unable to complete any portion of your Booking once it has started, you will not be entitled to a refund of the cost of any Experience which you have not used.

6. COMPLAINTS AND NON-AVAILABILITY OF AN EXPERIENCE

6.1 Complaints

If you experience a problem during your Booking relating to an Experience, please notify us as soon as possible and we will endeavour to resolve your issue. 

All such notifications must be received by us no later than 7 days after the end of your Experience, include concise details regarding the problem, your booking reference and other relevant information. 

Whilst we will do our best to assist you to resolve your complaint with any Third Party Supplier, in no circumstances can we accept any liability or responsibility in connection with any Experience to the extent it is supplied by any Third Party Supplier.

6.2 Failure to notify you of unavailable Booking

In very limited circumstances a Third Party Supplier may fail to notify us that an Experience included with your Booking is unavailable (for example a cellar door at which a wine tasting was to have occurred is not available and you are only notified on arrival).

In such circumstances, you agree to act reasonably in respect of accepting an equivalent alternative experience or other reasonable compensation. If you are not satisfied with the alternative experience or other compensation offered, please email us with relevant details and we will assist you to resolve the issue.

7. PRIVACY

You acknowledge that in order for us to process and perform your Booking you will be required to provide us with certain personal information about you and members of your Booking Party. We will only collect, store, use and disclose such personal information for the purposes of giving effect to your Booking, in accordance with applicable privacy laws in your jurisdiction and otherwise in accordance with the applicable Privacy Policy. You warrant that you have obtained the consent of each member of your Booking Party to our collection, storage, use and disclosure of that personal information such that the use of that personal information by us as contemplated by the Booking Conditions will not result in a breach of Applicable Privacy and Data Protection Law.

8. OUR LIABILITY

8.1 United Kingdom Bookings

If you are located in the United Kingdom or are participating in an Experience in the United Kingdom, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services we provide you (including the right to be supplied services from us with reasonable skill and care).  All terms of the Booking Conditions are subject to this acceptance of our liability.

8.2 Acceptance of Risk

You acknowledge that the nature of your Experience may be adventurous and participation in any physical activity involves a degree of personal risk. You also acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. 

We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip, however it is your own responsibility to ensure that you are aware of, and have taken adequate precautions against, attendant health and safety risks which may apply to your Experience. 

To the fullest extent permitted by law and subject to Section 8.1 (if applicable), we accept no liability in relation to any such additional risks.

8.3 Disclaimer

Except as expressly set out in the Booking Conditions, in no circumstances do we: 

a) give any express guarantee that an Experience is appropriate for any member of the Booking Party; or 

b) subject to Section 8.1 (if applicable), accept any liability or responsibility for your decision to proceed with the relevant Booking.

8.4 Limitation of liability

In no event shall we be liable to you for any incidental, consequential, punitive, special or indirect damages of any type or kind arising out of or in connection with a Booking or these Booking Conditions, however caused, whether from breach of agreement, tort (including negligence) or any other legal cause of action and whether or not the party has been advised of the possibility of such damages.

Terms, conditions, warranties and guarantees implied by applicable law may apply to your Booking to the extent required by those laws (Non-Excludable Guarantees). Nothing in these Booking Conditions restricts, excludes or modifies, or purports to restrict, exclude or modify, any Non-Excludable Guarantee. Where we are permitted to limit your remedy against us for breach of a Non-Excludable Guarantee in respect of our services, our liability to you for breach of that Non-Excludable Guarantee is limited, at our election, to either resupplying the services or payment of the cost of having the services supplied again. To the extent permitted by applicable law and subject to Section 8.1 if applicable, our maximum aggregate liability to you for any other cost, claim, damage or liability arising out of or in the connection with your Booking or these Booking Conditions shall in no case exceed the greater of:

a) $100 (or local currency equivalent); or

b) the fees actually paid by you to us for the relevant Booking.

9. EVENT OUTSIDE OF OUR CONTROL

Except as expressly set out in the Booking Conditions, we will not be liable to you, or pay you compensation, if our obligations to you are affected by any event outside of our control, including: 

a) fire, storm, flood, earthquake, explosion, war, threat of war, invasion, rebellion, sabotage, epidemic, pandemic, civil strike, riot, nuclear disaster, severe or bad weather, terrorist activity (threatened or actual) industrial dispute, act of God; 

b) any act or omission of a Third Party Supplier; or

c) the unavailability of a Website or any other system, infrastructure, or technology required by us to undertake our obligations under these Booking Conditions.

10. TERMINATION

All provisions of the Terms and Booking Conditions as to limitation and disclaimer of warranties, limitation of liability, and your representations and indemnities shall survive termination.

11. ENTIRE AGREEMENT

The Booking Conditions and any additional terms you agree to in connection with our services or offerings constitute the sole and entire agreement between you and us regarding the Booking, Experiences, and any of our services and offerings, supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. 

12. NO ASSIGNMENT

You may not assign or transfer a Booking, Experience, or any other right, license, privilege, or obligation provided herein without AmazingCo’s prior written consent, and any attempted assignment or transfer without consent will be void. 

13. DEFINITIONS AND INTERPRETATION

13.1 Interpretation

In these Booking Conditions, except where the context otherwise requires: headings are inserted for convenience only and do not affect the interpretation or construction of these Booking Conditions; the singular includes the plural and vice versa; a reference to a Section or schedule is to a Section of, or schedule to, these Booking Conditions, and a reference to these Booking Conditions includes any schedule; another grammatical form of a defined word or expression has a corresponding meaning; a reference to a party is to a party to these Booking Conditions; a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity; 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; the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Booking Conditions or any part of it.

13.2 Definitions

In this document the following words have the following meanings:

AmazingCo Concierge means an AmazingCo representative contacted for the purpose of arranging a Booking, including where a Booking is made using Points.

Applicable Privacy and Data Protection Laws means the privacy, security, and data protection laws, rules, and regulations of any jurisdiction which apply to the collection, storage, use or disclosure of the personal information under this Agreement, and all then-current industry standards, guidelines, and practices with respect to privacy, security, and data protection.

Booking means an Experience or package of Experiences purchased, ordered, reserved, hired or rented through a Website or an AmazingCo Concierge. 

Booking Conditions has the meaning given to that term in paragraph 1;

Booking Party includes all the persons on whose behalf a Booking is made;

Cancel/Cancellation means cancellation of a Booking in its entirety;

Cancellation and Change Policy means the policy set out at https://www2.amazingco.me/legals/terms/cancellation-policy.

Change means any alteration, amendment, addition or reduction of a Booking or change to dates;

Experience means any experience available for purchase from time to time on a Website;

Points means AmazingCo points which can be redeemed against a variety of AmazingCo Experiences and services.

Privacy Policy means:

a) if you are booking an Experience to take place in the United States, our privacy the policy available set out at https://www.amazingco.me/us/privacy-policy;

b) if you are booking an Experience to take place in the United Kingdom, the policy set out at https://www.amazingco.me/uk/privacy-policy; and

c) if you are booking an Experience to take place in Canada, the policy set out at https://www.amazingco.me/ca/privacy-policy; and

c) if you are booking an Experience to take place in Australia, or any other jurisdiction other than those set out at (a) – (b) above, the policy set out at https://www.amazingco.me/aus/privacy-policy. 

Third Party Supplier means any person, company or entity other than AmazingCo, its affiliates or employees that provides any part of an Experience; and

Website means any domain or subdomain owned by a member of the AmazingCo company group, including:

https://amazingco.me/aus
https://amazingco.me/us
https://amazingco.me/uk
https://amazingco.me/ca
https://www.amazingkidsparties.com
https://www.amazingkidsparties.com.au
https://www.amazingkidsparties.co.nz
https://www.amazingyarravalley.com.au
https://www.amazingmornington.com.au
https://www.amazingbarossa.com.au
https://www.amazinghuntervalley.com.au
https://www.amazingwinetours.com.au
https://www.amazingwinetours.com
https://www.amazingwinetours.co.nz
https://www.amazingteambuilding.com.au

14. LEGAL ENTITY, JURISDICTION AND GOVERNING LAW

The table below sets out the legal entity with which you enter into this contract and the jurisdiction and governing law which will apply in the event of a dispute. The parties agree to the non-exclusive jurisdiction of the courts located in the relevant jurisdiction below to hear any disputes arising out of or in connection with the Booking Conditions or a Booking: