Terms and Conditions

This Agreement is made between:

THE FOOD ADVENTURE CLUB PTY LTD (ABN: 71 697 837 004) of 4/23 Hunt Street, North Parramatta NSW 2151 Australia, (Travel Host);

AND

The individual(s) booking or participating in the Tour (Customer).

1. Definitions and Interpretation

1.1 In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in this Agreement.

1.2 Headings are for convenience only and do not affect interpretation.

1.3 This Agreement must not be construed adversely against a party merely because that party prepared it.

1.4 The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.

1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.6 A reference to any party shall include that party's personal representatives, successors and permitted assigns.

1.7 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.8 A reference to a statute or statutory provision shall include all subordinate legislation made under that statute or statutory provision.

1.9 In this Agreement, unless the context or subject matter requires otherwise:

a) ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

b) Agreement means this document, including any schedule or annexure to it;

c) Customer means the individual(s) booking or participating in the Tour;

d) Fees means the fee payable by the Customer to the Travel Host pursuant to the pricing set out in Schedule 3;

e) Force Majeure Event means any act, event, or circumstance that is beyond the reasonable control of the affected party, whether foreseeable or not foreseeable at the time of entering this Agreement, could not have been prevented, avoided, or overcome by the affected party through the exercise of reasonable diligence, and directly prevents, hinders, or delays an affected party from performing its obligations (other than payment obligations) under this Agreement. Without limitation, a Force Majeure Event includes acts of God such as fires, floods, earthquakes, windstorms, hurricanes, or other extreme weather conditions; pandemics, epidemics, or public health emergencies; war, hostilities, acts of terrorism, riots, or civil disorder or commotion; governmental action including changes in law, order, proclamation, regulation, ordinance, embargoes, restrictions in travel, roads, or infrastructure, or government lockdowns; industrial action such as strikes or lockouts (excluding those solely involving an affected party's own workforce).

f) Third Party Travel Agency means Intrepid Travel Pty Ltd (ABN: 35 007 172 456 | ACN: 007 172 456);

g) Tour means the travel package as set out in this Agreement to be arranged and coordinated by the Travel Host pursuant to its terms including the services arranged and coordinated as set out in Schedule 1 and the intended itinerary as set out in Schedule 4; and

h) Travel Host means THE FOOD ADVENTURE CLUB PTY LTD (ABN: 71 697 837 004) of 4/23 Hunt Street, North Parramatta NSW 2151 Australia.

2. Formation of Contract

2.1 This Agreement becomes binding upon the Customer making a booking, paying any amount, or participating in the Tour.

2.2 The Customer warrants that they have full authority to bind all participants included in the booking and the Customer will ensure that each participant is provided a copy of this Agreement.

2.3 The Customer and the participants included in the booking are jointly and severally liable in respect of their respective obligations pursuant to the terms of this Agreement.

3. Nature of Services

3.1 The Travel Host acts solely as a tour arranger and coordinator and provides services to that nature to the Customer.

3.2 The Travel Host itself does not provide accommodation, transport, meals, activities or experiences directly.

3.3 Services in the Tour are provided via third-party contractors engaged at the absolute discretion of the Travel Host, including but not limited to, the Third Party Travel Agency, hotel accommodation, transport providers and operators, restaurants, health and wellness providers, zoos, parks, guides, other recreational facilities, and other activity providers.

3.4 All third-party providers, including but not limited to the Third Party Travel Agency, hotel accommodation, transport providers and operators, restaurants, health and wellness providers, zoos, parks, guides, other recreational facilities, and other activity providers are independent contractors. The Customer acknowledges and agrees that the Tour will be executed by third party contractors, including the Third Party Travel Agency, which may in turn subcontract services to its Chinese subsidiaries or affiliates.

3.5 The Travel Host is not liable for the acts or omissions of any third-party provider.

3.6 The Customer acknowledges and agrees that third party service providers are independent contractors and not agents of the Travel Host. Actions, omissions, representations, and agreements of third party service providers do not bind the Travel Host.

4. Privacy and Personal Information

4.1 Personal information is collected and handled in accordance with the Privacy Act 1988 (Cth) and the Travel Host's Privacy Policy. Personal information includes but is not limited to name, address, and contact details; nationality and passport details; medical information, allergies, and disabilities; and emergency contacts.

4.2 In order for the Travel Host to render the services subject of this agreement and co-ordinate with third party agencies, organisations, and contractors, the Customer consents to the collection, use and disclosure of personal information in Australia and overseas, including in China.

4.3 The Customer irrevocably consents to disclosure of their personal information to accommodation providers; transport providers; the Third Party Travel Agency (including its Chinese subsidiaries or affiliates); insurers; medical providers; government authorities (including foreign governments); any person reasonably required to facilitate the Tour and its execution.

4.4 The Customer releases the Travel Host from all liability arising from lawful disclosure.

5. No Warranties

5.1 The Travel Host gives no warranties, representations, or guarantees as to the quality, suitability, safety, enjoyment, or outcome of the Tour, and participation is entirely undertaken at the Customer's own risk.

5.2 Neither party will incur any liability on behalf of other, make any contract binding upon the other party, give or make or purport to give or make any promises, representations, warranties or guarantees except as are expressly permitted by this Agreement or are expressly authorised by the other party in writing.

5.3 This Agreement represents the entire Agreement between the parties in relation to the subject matter of this Agreement and supersedes any previous agreement whether written or oral between the parties in relation to that subject matter.

5.4 The Customer confirms no reliance on representations made outside of this Agreement.

6. Assumption of Risk

6.1 The Customer acknowledges that the Tour involves inherent risks associated with international travel including physical activities, food and drink consumption, transport risks, massage and health activities, unfamiliar environments, falls, collisions, equipment and motor vehicle failure, health, hygiene, infectious disease and safety risks in foreign jurisdictions.

6.2 Participation is voluntary and at the Customer's own risk. Furthermore, optional activities are undertaken by the Customer's own risk whether arranged by the Travel Host or the Customer.

6.3 The Travel Host's liability for any negligent act or omission is excluded except where prohibited by law.

6.4 Pursuant to section 5N of the Civil Liability Act 2002 (NSW), the Customer agrees to exclude all liability of the Travel Host for any personal injury or death resulting from a breach of any express or implied warranty that the services and/or activities arising from the services will be rendered with reasonable care and skill.

6.5 To the extent permitted by law, the Customer waives their right to sue the Customer for any personal injury or death caused by a failure to comply with statutory guarantees under the ACL of due care and skill, or fitness for a particular purpose. This exclusion does not apply if the harm resulted from reckless conduct by the Travel Host as defined under the ACL.

7. Liability

7.1 To the maximum extent permitted by law, the Customer voluntarily waives, releases, and discharges the Travel Host from all claims arising from:

(a) personal injury or death;

(b) food-borne illness, allergies, or dietary reactions;

(c) physical, recreational, cultural or optional activities;

(d) acts or omissions of third-party providers.

7.2 The waiver in the preceding sub-clause applies whether the activity is arranged by the Travel Host, a third party contractor (including but not limited to the Third Party Travel Agency) or the Customer making arrangements on their behalf or engaging other third parties.

7.3 To the maximum extent permitted by law, all liability of the Travel Host is excluded. The Travel Host shall not be liable to the Customer for any loss, damage, injury, illness, delay, cost or expense suffered by the Customer arising out of or in connection with the Tour or performance of this Agreement, whether arising out of or in connection with any negligence, breach of contract, statutory liability, acts or omissions of third parties, acts of the Customer, optional activities, or Force Majeure Events.

7.4 Where the Travel Host's liability cannot be excluded, liability is limited to the lesser of:

a) the Fees paid by the Customer; or

b) the actual proven loss of the Customer.

7.5 Where the ACL applies and to the extent permitted by the law, liability is limited to the resupply of the services or refund at the Travel Host's election. However, nothing in this Agreement excludes rights which cannot be excluded under the ACL.

8. Indemnity

8.1 The Customer indemnifies the Travel Host (and its officers, employees, agents, contractors and subcontractors) against all losses, claims and legal costs on a full indemnity basis, including but not limited to personal injury, property damage, claims by the Customer against the Travel Host, and claims by third parties. The indemnity applies whether the loss arises from or in connection with the conduct of the Customer, the Travel Host, or third parties.

8.2 The indemnity under this clause 8 survives termination and shall not merge at the conclusion of the Agreement or the completion of the Tour.

9. Accommodation and Transport

9.1 The Travel Host provides no guarantee as to the specific hotels or transport providers that will be booked as part of the Tour.

9.2 The Travel Host shall conduct reasonable endeavours to book 4-star hotel accommodation by reputable accommodation providers on behalf of the Customer, subject to availability.

9.3 All accommodation bookings are at the Travel Host's discretion.

10. Mandatory Travel Insurance

10.1 The parties agree that the Customer must obtain comprehensive travel insurance at the Customer's own cost from a reputable company or underwriter. This is an essential term of the Agreement.

10.2 The Customer warrants that they will obtain comprehensive travel insurance prior to participating in the Tour. Any failure by the Customer to obtain comprehensive travel insurance entitles the Travel Host to terminate this Agreement at the Travel Host's sole discretion.

10.3 In the event the Travel Host terminates this Agreement pursuant to clause 10.2, the Customer is not entitled to a refund. The Travel Host may at its sole discretion provide a refund or partial refund if the Travel Host terminates this Agreement pursuant to clause 10.2.

10.4 The Customer must provide a copy of the travel insurance to the Travel Host upon request.

10.5 Without limitation of any other provision of this Agreement, the Customer agrees to release the Travel Host from any of the Customer's claims, losses, or damages arising from the Travel Host's termination of the contract under this clause 10.

10.6 Comprehensive travel insurance is compulsory for all Customers, and it is the Customer's responsibility to ensure it is purchased. The comprehensive travel insurance must cover against personal accident, death, medical expenses, and emergency repatriation with a minimum coverage of US$200,000.00 for each of the categories of cover. The comprehensive travel insurance may cover cancellation, curtailment, personal liability, loss of luggage and personal effects.

11. Fitness and Age Requirements

11.1 The Customer warrants that they are fit for travel and are solely responsible for their own medications, allergies, and managing their disability aids.

11.2 Participants of the Tour must be 18+ years old (Adult), or 15 to 17 years old and accompanied by an Adult.

12. Force Majeure

12.1 In the event of a Force Majeure Event, the Travel Host may at its discretion:

a) cancel part or the entirety of the Tour; or

b) amend the Tour including making alternative arrangements; or

c) terminate the Agreement immediately if the feasibility of the Tour is impractical or impossible, without any further liability or refund obligation to the Customer.

12.2 If the Travel Host is prevented from or delayed in performing its obligations due to a Force Majeure Event:

a) The Travel Host shall not be liable for any failure or delay in performance, nor for any direct, indirect, or consequential loss, costs, or damages arising from the non-performance or the exercise of this clause;

b) All payments made by the Customer to the Travel Host prior to the Force Majeure Event are non-refundable;

c) The Travel Host is not required to issue refunds for services not rendered due to a Force Majeure Event. The Travel Host may at its sole discretion provide a refund or partial refund if the Travel Host exercises its rights under clause 12.1; and

d) The Travel Host's obligations under this Agreement will be suspended for the duration of the Force Majeure Event.

12.3 The Travel Host will as far as practicable:

a) provide prompt notice to the Client of the Force Majeure Event and its expected impact; and

b) may, but is under no obligation, to use reasonable efforts to mitigate the effects of the event where commercially practicable.

13. Cancellation

13.1 Change of mind: The Travel Host is not required to provide a refund or credit if the Customer simply changes their mind, decides they no longer want the services, or has no use for them.

13.2 No-show or late cancellation: If the Customer fails to attend a scheduled appointment or cancels with less than 48 hours' notice, the Customer forfeits the full Fee as a reasonable cancellation charge to cover the Travel Host's lost revenue and preparation costs.

13.3 Forfeiture of deposit: Any deposit paid (if applicable) is strictly non-refundable to the extent it covers the Travel Host's legitimate business interests, such as administrative time, booking of resources, or materials purchased in advance.

13.4 Consumer guarantees: This clause 13 does not exclude, restrict, or modify any rights or remedies available to the Customer under the ACL or other applicable legislation.

13.5 Cancellation by the Customer: The Customer may cancel this Agreement by providing advance written notice to the Travel Host. Depending on the notice period provided, the following cancellation fees apply to cover the Travel Host's administrative costs and lost opportunities:

a) More than 60 days' notice: The Customer is entitled to a full refund, except for any fixed non-refundable administrative fee;

b) Cancellation from 60 days to 35 days prior to the start of the Tour: Any fixed non-refundable administrative fee, the deposit (if applicable), plus 25% of the total Fee payable by the Customer;

c) Cancellation from 34 days to 22 days prior to the start of the Tour: Any fixed non-refundable administrative fee, the deposit (if applicable), plus 75% of the total Fee payable by the Customer;

d) Cancellation within 21 days prior to the start of the trip: Any fixed non-refundable administrative fee and 100% of the total Fee payable by the Customer.

13.6 The Customer acknowledges that the above fees are a genuine pre-estimate of loss suffered by the Travel Host and are not intended as a penalty. These fees account for:

a) pre-ordered third-party costs that are difficult to recover;

b) time spent on administration and preparation for the service; and

c) the inability to re-book the reserved time slot on short notice.

13.7 The Travel Host may, at its sole discretion, offer a credit note or partial refund in cases of documented extreme hardship proven by the Customer with verifiable documentary evidence and material. However, this does not apply to 'change of mind' cancellations set out in clause 13.1.

14. Sanctions and Regulatory Compliance

14.1 Due to sanctions and regulatory risk, the Travel Host is unable to offer the Tour and services to certain nationalities, which as of the date of this Agreement includes nationals and permanent residents of Myanmar (Burma), Cuba, Iran, North Korea, Syria, Venezuela, Russia, Ukraine, and Belarus.

14.2 The Customer warrants compliance with all sanctions laws and further warrants to the Travel Host that they are not a national or permanent resident of Myanmar (Burma), Cuba, Iran, North Korea, Syria, Venezuela, Russia, Ukraine, and Belarus.

15. Customer Requirements

15.1 The Customer is solely responsible for:

a) arranging and paying for visas, travel permits and certificates, and other entry requirements into China;

b) ensuring that their passport is valid for six months beyond the duration of the Tour subject of this Agreement.

c) arranging, booking, and paying for flights and transports into China; and

d) attending meeting points punctually as directed from time to time by the Travel Host, the Third Party Travel Agency, or third party contractors and service providers.

15.2 The Travel Host is not responsible if a Customer is refused entry to China because of incorrect or unsatisfactory travel documentation.

15.3 Failure by the Customer to arrange and secure their visa, entry requirements, flights, and transports into China, or to attend meeting points punctually entitles the Travel Host to terminate this Agreement without refund to the Customer.

15.4 The Customer voluntarily waives, releases, and discharges the Travel Host from all claims arising from or in connection with the Customer's failure to comply with their obligations under clause 15.1.

16. Customer Behaviour

16.1 The Travel Host may at its sole discretion remove disruptive or unsafe Customers without refund. If in the event the Customer is conducting themselves in a disruptive or unsafe manner (including without limitation by being rude to any persons of the public, disrespecting cultural norms, inappropriate behaviour arising from alcohol or drug inebriation, drone usage, culturally insensitive photography or photography of government buildings, putting any person at risk of harm whether it is the Customer, persons associated with the Travel Host, the Third Party Travel Agency personnel, third party contractor personnel, or any member of the public), the Travel Host may at its sole discretion terminate this Agreement, and the Customer agrees to waive any losses they may suffer arising from the Travel Host's termination under this clause.

16.2 The Travel Host is not responsible for losses arising from a customer's alcohol or drug use.

16.3 The Customer must comply with all Chinese laws, regulations, ordinances, and orders. If in the event the Customer is conducting themselves contrary to Chinese laws, commits illegal or unlawful acts, the Travel Host may at its sole discretion terminate this Agreement, and the Customer agrees to waive any losses they may suffer arising from the Travel Host's termination under this clause. The Customer acknowledges that the Travel Host may report any illegal or unlawful act committed by the Customer to the relevant authorities.

16.4 Both parties will take all reasonable measures to ensure they comply with all applicable laws and regulations in each region it operates.

17. Services Arranged

17.1 The services to be arranged and coordinated by the Travel Host in the Tour are set out in Schedule 1 of this Agreement.

18. Exclusions

18.1 The services and items that are not included in this Agreement are set out in Schedule 2.

18.2 It is the Customer's sole responsibility to make necessary arrangements and payments to ensure that it has obtained sufficient and requisite items as set out in Schedule 2.

19. Fees and Pricing

19.1 In consideration of the provision of the services by the Travel Host to the Customer as set out in clauses 3.1 and 17.1, the Customer must pay the Travel Host the Fees pursuant to the pricing set out in Schedule 3.

19.2 The Fees include the fees payable to the Travel Host for services rendered under this Agreement and the cost of the payment to the relevant third party service provider in respect of the Customer's accommodation, transport, meals, tour leader and guides, and activities or entrance fees as identified in Schedule 1.

19.3 If there is an increase in operational costs beyond the Travel Host's control occurs, the following shall apply:

a) Operational costs include, but are not limited to, changes in hotels or other suppliers (typically due to performance issues), failure or dramatic rate changes, government tax hikes, inflation, and other changes in local operating standards;

b) the Travel Host will notify the Customer of the cost increase and any requisite change to the price of the Fees;

c) the Travel Host may at its complete discretion change parts of the Tour to mitigate cost increases in lieu of increasing the price of the Fees;

d) Any changes to the price of the Fees between the Travel Host and the Customer may only be made by written agreement and must be agreed before the operation of the Tour; and

e) If the Customer does not agree to the price increase of the Fees, the parties agree to use all reasonable endeavours to resolve any dispute in good faith; and

f) If either party is unable to resolve the dispute in good faith, either party may rescind this Agreement whereupon the Customer will be provided a full refund (and either party shall release any claim against the other).

20. Itinerary

20.1 The itinerary for the Tour is set out in Schedule 4.

20.2 The itinerary is not a qualitative or quantitative measure for this Agreement but is intended to provide an outline for the intended purpose of the Tour. The itinerary is subject to change at the discretion of the Travel Host pursuant to the terms of this Agreement.

21. Governing Law

21.1 This Agreement is governed by the laws of New South Wales, Australia.

22. Currency

22.1 The currency of the Fees and pricing are in USD (United States Dollars) unless otherwise expressly identified in another form of currency.

22.2 There shall be no adjustment for currency fluctuations.

22.3 All pricing excludes local taxes unless stated otherwise.

23. Severability

23.1 Nothing in this Agreement limits or excludes the Travel Host's liability where liability cannot be limited or excluded by applicable laws. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be severed from the Agreement and the remainder of the Agreement shall continue in full force and effect. To the extent possible, the severed provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.

24. Non-Merger

24.1 Any provision of this Agreement that expressly (including clauses 4, 5, 6, 7, 8, 10, 11, 14, 15 and 21) or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect.

24.2 Without limiting the other provisions of clause 24, clauses relating to liability, indemnity, privacy, and governing law survive termination.

24.3 Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.

25. General

25.1 No amendment or variation to the terms of this Agreement will be effective unless it is made or confirmed in writing by both parties.

25.2 No delay in exercising or non-exercise by either party of any of its rights under or in connection with this Agreement will operate as a waiver or release of that right.

25.3 All communications relating to this Agreement will be in writing and in English and delivered by hand or sent by pre-paid airmail post or electronic mail to the party concerned.

25.4 The Travel Host may assign or novate its rights under this Agreement to any affiliated entity which it directly or indirectly controls, is controlled by or is under common contract with the Travel Host or to any one or more special purposes entities created by a member of Travel Host's group of companies (if applicable), without the consent of the Customer.

25.5 The Customer grants the Travel Host a perpetual, worldwide, royalty-free licence to use their image, likeness, voice and recordings for marketing. The Customer waives all moral rights.

25.6 The Customer waives any right to participate in class or representative proceedings in respect of any claims against the Travel Host or any subject matter arising out of this Agreement.

25.7 Any claims by the Customer must be commenced within 6 months of the event giving rise to the claim.

25.8 The parties agree that this Agreement may be executed electronically.

25.9 The parties agree that the English version of this Agreement prevails over any other translated version of this Agreement.

For the full agreement including Schedules 1 to 4, contact info@thefoodadventureclub.com.