Terms and Conditions
Effective from 1 January 2024
This is an agreement between you and Tanya Delzotto, trading as Delzo Active (ABN 95 203 947 322) of 5a Boatmens Way, Wickham NSW 2293 ("we", "us" and "our"). The terms, conditions, notices and disclaimers contained in this agreement govern your purchase and use of Delzo Active packages (the “Escapes”, “Weekend Escapes” or “Day Escapes”). You should read this document in its entirety because all the terms are important. By clicking an acceptance button and/or making a purchase from www.delzoactive.com (the “Website”), you are electronically agreeing to the terms and conditions of this agreement.
Payment and pricing
You agree to pay the purchase price specified on the Website at the time you place your order for the Escapes. All amounts are stated in Australian dollars and include GST (where applicable). Optional add-ons are at an extra charge.
For Weekend Escapes all prices are per person twin share or for 2 persons sharing and are all inclusive, unless otherwise stated. A single supplement is available at some properties at an extra charge. Prices and activities may vary depending on the property and availability.
Payments for the Escapes are processed by our third-party payment processors, Stripe and PayPal. When making a payment in relation to the Escapes, you warrant that you have read, understood and agree to be bound by the PayPal or Stripe terms and conditions, whichever is applicable. The terms are available on their respective websites.
By placing an order with us, you are making an offer to purchase the desired Escapes. We reserve the right to accept or reject any offer you make, for any reason, including if the Escapes requested is not available, the Escapes is fully-booked, payment is not processed successfully, or you have not properly completed the sign-up or pre-exercise health forms (“Sign-up Forms”).
To confirm acceptance of your order we will send you a confirmation email. Your Escapes place will not be secured until completed Sign-up Forms and payment are received in full. If you require a payment plan, please email firstname.lastname@example.org.
We describe the Escapes as accurately as possible on the Website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission. Images are provided for illustrative purposes only.
When you may cancel
You may cancel an Escapes by giving us notice in writing, subject to the following cancellation schedule:
a. if you cancel 21 or more days before the Escapes start date, you will be refunded 50% of the amount paid;
b. if you cancel less than 21 days before the Escapes start date, you will forfeit your entire payment.
c. if you have subscribed to our Priority Guest List and paid a deposit for a weekend escape, this deposit is non- refundable
Due to our need to commit to accommodation and/or other arrangements in advance, exceptions to this policy cannot be made for any reason. Instead of cancelling, you may nominate another guest to take your place at the Escapes. We will transfer your Escapes to the nominated guest, provided you give at least 14 days’ written notice and the replacement guest provides completed Sign-up Forms before the Escapes start date.
When we may cancel
Whilst we will endeavour to avoid cancelling any scheduled Escapes, we do reserve the right to cancel at any time. We may cancel if we do not have sufficient numbers for the Escapes to go ahead (determined in our sole discretion), if we deem it unsafe for an Escapes to go ahead due to the ongoing uncertainty surrounding Covid-19 or for any other reason or event beyond our reasonable control. If we must cancel a scheduled Escapes for any reason, you are entitled to transfer your full payment to another Escapes. Alternatively, you may request a full refund of your payment. You will not be entitled to compensation for any loss, expense or damage or for any loss of time or inconvenience, which may result from such cancellation.
We engage third parties (each a “Third Party”) to provide some products and services in connection with the Escapes, for example: accommodation, activities, meals and treatments. We cannot be held responsible for the actions, errors or omissions of any Third Party, including any loss, property damage or injury caused by any Third Party. To the extent permitted by law, you surrender any rights to any cause of action against us. You will be liable for all damage to a Third Party’s person or property, to the extent it is caused by you. To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, liabilities, costs or expenses (whether in tort or contract) arising out of your attendance at or participation in the Escapes. Please refer to the third party terms and conditions.
Liability and Waiver
As a condition of your participation in the Escapes, you:
acknowledge and understand:
- the dangers inherent in outdoor fitness training, including but not limited to death, breaks, strains, abrasions, lacerations, dislocations, heat-related conditions, concussion, heart failure, dehydration, and anxiety.
- we cannot provide medical advice to you regarding your ability to exercise;
- the minimum age for participation in the Escapes is 18 years and you warrant that you meet the minimum age requirement as at the start date of the Escapes;
warrant that you:
- are not aware of any medical reason (physical or mental) why you should not participate in the Escapes and have not been advised otherwise by a medical practitioner; including testing positive to Covid-19 prior to the Escapes, are in isolation or has detected a fever prior to arrival
- have or will undertake all necessary medical and/or fitness assessments and examinations;
- have truthfully and accurately completed the Sign-up Forms and will recomplete them should your health information change;
- have informed us of any food allergies, food intolerances or dietary restrictions and assume full responsibility for your choice to consume any food or refreshments supplied to you;
- will abide by our instructions or those of any Third Party in relation to any activity during the Escapes, including those in any literature or verbal or written instructions;
- will use and/or wear any safety equipment required by and provided to you by us or any Third Party;
participants who fall ill during the Escapes will be requested to leave the retreat and will not be eligible for a refund.
agree that you assume all risks in connection with your participation in the Escapes and acknowledge that we are not liable for the breach of any express or implied warranty that Services we provide will be provided with reasonable care and skill;
acknowledge and agree that, to the extent permitted by s139A of the Competition and Consumer Act 2010 (Cth) (“CCA”), we, together with our employees, agents and Third Parties (“Personnel”) and assigns, exclude all liability in connection with the supply of recreational services for:
ii. physical or mental injury, (including the aggravation, acceleration, or recurrence of such an injury);
iii. the contraction, aggravation or acceleration of a disease;
iv. 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 in relation to an individual that is or may be harmful or disadvantageous to an individual or the community or that may result in harm or disadvantage to an individual or the community,
in each case resulting from a failure by us or our Personnel to comply with any guarantee under sections 60-62 of the Australian Consumer Law;
acknowledge and agree that, to the extent permitted by law we and our Personnel exclude all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill; and
acknowledge and agree that where any of the consumer guarantees under the CCA apply to the Services supplied by us, and the CCA voids or prohibits a provision in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, our liability under or arising out of the supply of services for breach of, or failure to comply with, such consumer guarantees shall be limited to the provision of the remedies described below:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our Privacy Notice, which is incorporated into and forms a part of this agreement.
You agree to us using, publishing, distributing and copying all photographs taken and/or videos recorded of you during the Escapes, for promotional and/or educational purposes, unless you have otherwise notified us.
Neither we nor you will be liable for any delay in performing an obligation under this agreement, if such delay is caused by circumstances beyond our or your reasonable control. If any part of this agreement is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. This agreement is governed by the laws of New South Wales, Australia, and we and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. We hold public liability insurance, but suggest you obtain your own advice with regards to health, personal accident, travel or other insurances.