Introduction and Scope of Services
West Explore Swan Tours and its subsidiaries (together ” Swan Tours”) provide an online platform with technology for Travellers, Members and Operators to meet online, enter contests, write reviews, search, compare and book tours, cruises and other types of activities (“Tours”). Tours are booked directly from the respective independent tour operator offering the Tour (each an “Operator”). The “Travellers” are travellers interested in booking a Tour. The “Members” are persons who completed Swan Tours’s account registration process. Travellers and Members are jointly referred to as “you”.
The “Services” comprise listings for Tours independently created by Operators in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.swantours.com.au including its subpages (collectively, the “Site”) and any related applications (the “Application”).
Swan Tours is exclusively going about as a business specialist for the Operators. Swan Tours isn’t an administrator of Tours, nor is it a supplier of Tours, nor an agent or intermediary of an Operator nor a back up plan. Swan Tours doesn’t possess, sell, exchange, outfit, give, oversee or control any transportation, visit or travel benefits and doesn’t go about as an operator to the Travelers. Swan Tours’ obligations are restricted to only encouraging the accessibility of the Services and filling in as the business specialist of every Operator.
Swan Tours has no power over the direct of Operators, Travelers, MEMBERS and different clients of the Services. SWAN TOURS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. SWAN TOURS IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND TOURS. BOOKINGS WITH THE OPERATORS ARE MADE AT THE TRAVELLER’S OWN RISK.
The Services are proposed exclusively for people who are matured 18 years or more seasoned. Any entrance to or utilization of the Services by anybody under 18 years is explicitly denied. By getting to or utilizing the Services you ensure that you are 18 years or more established.
Bookings by Travellers with Operators
The individual Operator just, and not Swan Tours, is exclusively mindful to the separate Traveler for respecting any affirmed appointments and making accessible any Tours held through the Services. The Operator is likewise capable to give all data lawfully required to the Traveler. On the off chance that you, as a Traveler, go into an exchange with an Operator for the booking of a Tour, you concur and comprehend that you will be required to go into an understanding (counting discharges) with the Operator just and you consent to acknowledge any terms, conditions, standards and confinements related with such Tour forced by the Operator and will get fundamental data from the Operator as it were. You recognize and concur that Swan Tours is no gathering to the understanding yet just goes about as the business specialist to the Operator and Swan Tours acknowledges no risk emerging from or identified with any of your concurrences with the Operator except if Swan Tours is lawfully obliged to do as such or to satisfy certain data and security commitments towards the Traveler.
The Operators are mentioned to either affirm or dismiss a booking inside the predetermined time allotment (which is by and large inside 24 to 48 hours of when the booking is mentioned, as dictated by Swan Tours in its sole tact) or the mentioned booking will be consequently dropped.
When your affirmed booking exchange is finished (counting installment) you will get an affirmation email outlining your affirmed booking.
Payments by Travellers
You consent to pay for the “Complete Cost” (counting the cost of the visit and, where relevant, expenses, tolls and obligations) for any reserving mentioned, as per the valuing terms set out in the appropriate booking page, if such mentioned appointments are affirmed by the pertinent Operator. The accessibility and cost of a Tour can change whenever until you have gotten a booking affirmation.
In the event that lone the store is payable at the hour of booking or booking affirmation, the equalization of installment (i.e., the Total Cost short the store) is expected and will be payable as expressed in the Operator’s expressions as per the booking page.
Traveller Cancellations and Refunds
On the off chance that:
- the pertinent Operator doesn’t affirm the mentioned booking, or,
- as a Traveler, you cancel your booking before the booking is affirmed by an Operator,
any sums gathered by Swan Tours or its outsider installment processor will be discounted to the Traveler inside an industrially sensible time, contingent upon the determinations the Traveler made by means of the Site and Application, and any pre-approval of such Traveler’s credit/charge card will be discharged.
When your booking is affirmed by the pertinent Operator, the Total Cost of your Tour is dependent upon the crossing out and installment terms of the Operator. It would be ideal if you deliberately perused the fine print and significant data in the Listing, the booking page and your reservation affirmation for strategies as applied by the Operator. An undoing must be done by means of your booking discussion page.
In the event that you are prompted that your booking is on an ‘on solicitation’ premise (which is normally the situation for visits booked instantly preceding flight), the Total Cost of your Tour is dependent upon the dropping and installment terms of the Operator from the minute when you have presented the booking demand. At the point when a visit is ‘on solicitation’ the Operator needs a few business days to guarantee that the majority of the parts of the visit bundle can be affirmed for you. This procedure may not be hindered by a solicitation to drop. Along these lines, if the solicitation returns affirmed you will be charged for everything, and if, as a Traveler, you drop such a booking, this doesn’t qualifies you for any discount. On the off chance that the Operator can’t affirm your solicitation, you will get a full discount.
Operator Cancellations and Refunds
In the event that an Operator cancels an affirmed booking made by means of the Services, a discount of the paid sum for such reserving will be made to the material Traveler inside an economically sensible time of the undoing by the Operator and the Traveler may get an email or other correspondence from Swan Tours containing non-restricting proposals for elective Listings and other related data. In the event that an Operator dropped an affirmed booking and you, as a Traveler, have not gotten an email or other correspondence from Swan Tours, if it’s not too much trouble contact Swan Tours at firstname.lastname@example.org.
Swan Tours may, in its sole carefulness, grant you to post, transfer, distribute, submit or transmit content, designs, pictures, video or different materials (“Content”). By making accessible any Content on or through the Services, you concur that Swan Tours may utilize the Content as Swan Tours at its watchfulness sees fit specifically on its (versatile) site and application, and in (on the web/disconnected) limited time materials and productions. You therefore award to Swan Tours an around the world, unavoidable, never-ending, non-selective, transferable, eminence free permit, with the privilege to sublicense, to utilize, see, duplicate, adjust, alter, appropriate, permit, sell, move, openly show, freely perform, transmit, stream, communicate, access, view, and generally adventure such Content on, through, or by methods for the Services. Swan Tours doesn’t guarantee any proprietorship rights in any such Content and nothing in these Terms will be considered to limit any rights that you may need to utilize and abuse any such Content.
You recognize and concur that you are exclusively liable for all Content that you make accessible through the Services. Likewise, you speak to and warrant that: (a) you either are the sole and select proprietor of all Content that you cause accessible through the Services or you to have all rights, licenses, assents and discharges that are important to give to Swan Tours the rights in such Content, as mulled over under these Terms; and (b) neither the Content nor your posting, transferring, production, accommodation or transmittal of the Content or Swan Tours’ utilization of the Content (or any segment thereof) on, through or by methods for the Services will encroach, misuse or abuse an outsider’s patent, copyright, trademark, prized formula, moral rights or other restrictive or protected innovation rights, or privileges of attention or security, or result in the infringement of any pertinent law or guideline. The individual who transferred the Content warrants that the Content will not contain any infections, Trojan steeds or tainted documents. You should not store illicit substance on the Site and Swan Tours will screen the site normally for such unlawful substance. It would be ideal if you know that on the off chance that you transfer unlawful substance you could be dependent upon a fine. Any Content that doesn’t meet the previously mentioned criteria won’t be posted and can be expelled whenever and without earlier notice.
Additionally Swan Tours may, in its attentiveness and without risk to you, with or without cause, with or without earlier notice and whenever: (an) end your entrance to the Services, and (b) deactivate or end your Swan Tours account. Upon end Swan Tours will inside an industrially sensible time pay you any sums which Swan Tours is legitimately obliged to pay you. Swan Tours doesn’t have a commitment to erase or come back to you any Content you have presented on the Services, including, yet not restricted to, any surveys or criticism.
In the event that you utilize the Services, you do as such at your sole hazard. Swan Tours doesn’t have a commitment to direct keeps an eye on any Travelers, Operators, Members or different clients of the Services or outsiders and doesn’t make any endeavor to check Listings or Content. The Services (counting the Site and Application), Listings and Content are given “as may be”, without guarantee of any sort. Specifically, Swan Tours makes no guarantee with respect to the nature of any Listings, Tours, the Services or Content or the exactness, practicality, honesty, fulfillment or unwavering quality of any substance acquired through the Services or counsel or data, regardless of whether oral or composed, got from Swan Tours.
Without constraining the prior, Swan Tours isn’t capable and renounces any obligation for the utilization, legitimacy, quality, appropriateness, wellness and due revelation of the Listings and the Tours and makes no portrayals, guarantees or states of any sort in this regard, regardless of whether suggested, statutory or something else, including any inferred guarantees of merchantability, title, non-encroachment or qualification for a specific reason or be accessible on a continuous, secure, or blunder free premise. You recognize and concur that the pertinent Operator is exclusively capable and accepts all accountability and risk in regard of the Listings and the Tour. Swan Tours isn’t a (re)seller of the Tour. Protests or claims in regard of the Tour are to be managed by the Operator. Swan Tours isn’t liable for and renounces any obligation in regard of such objections, cases and (item) liabilities. Swan Tours expressly renounces all obligation for any demonstration or exclusion of any Traveler or other outsider.
You recognize and concur that, to the most extreme degree allowed by law, the whole hazard emerging out of your entrance to and utilization of the Services and Content, your booking of any Tours by means of the Services, and any reach you have with different clients whether face to face or online stays with you.
Swan Tours will just be at risk for direct harms really endured, paid or brought about by you because of an inferable inadequacy of Swan Tours’ commitments in regard to the Services, up to the most extreme sums determined in this. Neither Swan Tours nor any others engaged with making, creating, conveying or generally making accessible the Services or the Content will be at risk for (an) any reformatory, extraordinary, aberrant or considerable misfortune or harms, including loss of benefit, loss of or harm to altruism or notoriety, loss of case, (b) any mistake identifying with the (clear) data of the Operator as made accessible, (c) the administrations rendered or the items offered by the Operators or different colleagues, (d) any immediate, circuitous, weighty or corrective harms, misfortunes or expenses endured, brought about or paid by you, as per, emerging out of or regarding the utilization, powerlessness to utilize or postpone of the Services, or (e) any (individual) damage, demise, property harm, or other (immediate, roundabout, uncommon, noteworthy or correctional) harms, misfortunes or expenses endured, acquired or paid by you, regardless of whether because of (lawful) acts, blunders, ruptures, (net) carelessness, wilful offense, oversights, non-execution, distortions, tort or exacting obligation by or (completely or mostly) owing to the Operator or from any correspondences, connections or gatherings with different clients of the Services or different people with whom you impart or interface because of your utilization of the Services.
Pertinent Law, Jurisdiction and Dispute Resolution
These Terms and the arrangement of the Services will be represented by and understood as per Austrian law with its avoidance struggle of-law rules. Despite the previous decision of law, a characteristic individual utilizing any of the Services for a reason which can be viewed as being outside his exchange or calling (a “Consumer”) can depend on the required arrangements of the law of the nation where he has his ongoing home.
Any contest emerging out of these Terms and the Services will solely be submitted to the capable courts in Australia. Swan Tours encourages you to initially inform Swan Tours of any objections by reaching Swan Tours’ Customer Service.
On the off chance that under any circumstances a mediator or a court of capable ward finds any arrangement of these Terms invalid or unenforceable, that arrangement will be authorized to the most extreme degree reasonable and different arrangements of these Terms will stay in full power and impact, and you will at any rate consent to acknowledge a comparative impact as the invalid, unenforceable or non-restricting arrangement, given the substance and motivation behind these Terms.
Swan Tours maintains whatever authority is needed to change the Terms whenever without earlier notice. Any progressions will wind up taking effect right endless supply of the Site, Application and Services post change comprising an acknowledgment of the adjusted Terms. On the off chance that the changed Terms are not worthy to you, your solitary plan of action is to stop utilizing the Site, Application and Services.