Indian Ocean Fest Terms & Conditions
These terms and conditions form the basis of your contract
With the event owner of the Indian Ocean Fest, that is, Indian Ocean Territories Regional Development Organisation Inc ABN 31 405 103 310 (IOT RDO), trading as the Indian Ocean Fest, and their official travel booking partner, Travel Exchange (IATA 02353691) (to be referred to as: ‘Indian Ocean Fest, we, or our’).
And you as the guest, including you and everyone on whose behalf you make a booking (‘you’ or ‘your’).
For the Indian Ocean Fest travel package (the ‘Fest package’) you book with us.
Please take time to read and understand these Terms and Conditions carefully as they set out our and your respective legal rights and obligations when you book the Fest package with us.
We agree to make, provide, or perform (as applicable) the Fest package.
You accept and agree to be bound by these Terms and Conditions when you book the Fest package with us.
References in these Terms and Conditions to the Fest package are references to the Fest package you book or have booked via the Indian Ocean Fest website through our official travel partner, Travel Exchange.
References to ‘activities’ are references to short trips, tours or curated experiences included as part of your Fest package.
2. Bookings and Payment
2.1 Each person who desires to book a Fest package is required to complete, sign and send the Booking Form, together with a photocopy of the information page (photo page) of their passport. This will reserve a Fest package when sent.
2.2 Sending the Booking Form to us is treated as your acceptance of these Terms and Conditions.
2.3 IOT RDO reserves the right to accept or reject a Booking Form, at its absolute discretion.
2.4 If your Booking Form is received more than 60 days before the departure date, then it must be accompanied by a deposit of $1,000. On receipt of the Booking Form and the deposit, we will reserve a Fest package for you. We will issue the booking confirmation and invoice you for the balance price, which is due and payable 60 days before the departure date.
2.5 If your Booking Form is received 60 days or less before the departure date, then it must be accompanied by the full price. On receipt of the Booking Form and the price, we will confirm a Fest package for you. We will issue the booking confirmation and paid invoice to you.
2.6 Our legal obligations to carry out the Fest package commence when we issue the booking confirmation. Our legal obligations are subject to your payment of the full price as and when due and compliance with these Terms and Conditions. Indian Ocean Fest reserves the right to cancel the booking where payment has not been made as required.
2.7 If your Booking Form is received more than 60 days before the departure date, and is accompanied by a deposit of $1,000., you will be entitled to a 7-day cooling off period in which you can cancel your booking. If you do cancel your booking within the cooling off period, you will receive a refund of your deposit less $200 for administration expenses. If the booking is not cancelled within that period, the deposit is non-refundable, and will be applied against our administrative arrangements and to deposits payable to service providers for the Fest package.
2.8 If your Booking Form is received 60 days or less before the departure date, you will not be entitled to a cooling off period. If you cancel the booking, after the full price is paid, you will not be entitled to a refund. We draw your attention to the Cancellation Cover available in many Travel Insurance policies.
2.9 Failure to pay the price by the due date may result in our imposition of a late payment fee or our cancellation of your booking and your loss of any payments you have made.
2.10 We reserve the right to offer a payment plan for the payment of the price to approved applicants.
2.11 Amounts invoiced and payments made must be in Australian currency. If payments incur a bank fee, then Indian Ocean Fest is entitled to add that fee to the price paid. If you pay for the Indian Ocean Fest by credit card, surcharges will apply. In the case of credit cards, a surcharge of between 1.15% and 1.7% (depending on the card used), will be added to the price, along with a 3% payment processing fee charged by our payment service provider.
2.12 Guests must be at least 18 years of age to attend the Indian Ocean Fest.
2.13 The Fest package and the price do not include travel insurance premiums, vaccinations and excess baggage fees; or any meals, beverages and sightseeing tours, not specified. Guests must settle any charges made by an accommodation or services provider for services ordered directly such as room service, mini bar, laundry, post, telephone, internet, Wi-Fi charges, items of a personal nature or tips (accommodation providers require validation of a credit card upon check in).
3. COVID-19 Travel Restrictions and Requirements
3.1 Before booking and before you travel, ensure that you check the latest government travel restrictions and requirements relating to COVID-19.
3.2 Travel approval is required for entry into the Indian Ocean Territories – you can access the application form and the latest travel information from https://indianoceanterritories.com.au/covid-19-iot-travel-information.
3.3 You will also need to confirm the requirements for your re-entry into Western Australia – you can access current information from https://www.g2gpass.com.au/apply.
3.4 In addition, you need to ensure that you are familiar with Indian Ocean Fest safety measures and obligations which apply to all guests. These are included in the Indian Ocean Fest Participation Agreement Waiver of Liability form (the ‘Waiver of Liability’) and may include temperature tests, Rapid Antigen Testing and/or PCR testing, completion of a health questionnaire, mask wearing, and a requirement to isolate if COVID-19 symptoms present during the Indian Ocean Fest travel. Compliance with the travel requirements is mandatory and anyone refusing to comply can be denied participation / further participation.
4. Limitation of Liability
4.1 The Indian Ocean Fest engages the services of independent providers, such as hoteliers, airlines, caterers, event organisers and specialist operators, who are not agents, servants, or employees of the IOT RDO, to provide the Fest package and the activities. Although we take care in selecting the independent service providers and the curated program experiences, Indian Ocean Fest is not responsible for the conduct of the independent service providers, their servants, and agents or for any ramifications of that conduct.
4.2 Your Fest package program activities include a range of experiences such as climbing, exploring, swimming, diving, and snorkelling. You accept and assume the risk involved with these activities in accordance with the Waiver of Liability.
4.3 If, in the opinion of any representative of the IOT RDO event organisers, your mental or physical condition or behaviour appears to adversely affect or risk your own health, well-being and safety, or that of other participants, or results in you becoming objectionable to other participants or to the crew or others, you will not be permitted to embark upon or continue to participate in the Indian Ocean Fest.
4.4 Abuse or harassment of any kind toward Indian Ocean Fest crew, contracted suppliers or other guests will result in immediate termination of participation.
4.5 Guests will be responsible for arranging and paying for their own transport home if their participation is terminated under paragraphs 3.3 or 3.4. Indian Ocean Fest is not liable to guests for any costs associated with such termination and guests will not be refunded any of the amount paid for the Fest package.
4.6 Indian Ocean Fest accepts no responsibility for any injury, illness, loss (including loss of enjoyment), death, damage, detention or delay, beyond its direct control.
4.7 Every endeavour will be made to accommodate specific meal requests, but due to the remote island location and scarcity of certain ingredients, requests cannot be guaranteed to be met.
4.8 Please note Indian Ocean Fest is not responsible for any third party services such as commercial flights beyond the Fest package or pre/post hotel stays. These flights and stays will be subject to their own booking conditions.
5. Travel Insurance
5.1 Guests must obtain comprehensive travel insurance to participate in the Indian Ocean Fest including, but not limited to, medical expenses and evacuation, cancellation events.
5.2 It is the responsibility of guests to determine whether or not to take out travel insurance which covers COVID-19 related expenses. The Indian Ocean Fest is not liable for any expenses incurred as a result of COVID-19 (refer condition 3).
5.3 Every guest must provide a travel insurance confirmation along with a signed copy of their Waiver of Liability before departure. Failure to do so may result in a cancelation of the booking.
6 Cancellation, Changes & Refunds
6.1 Cancellation notice – all cancellations by guests must be received in writing by Indian Ocean Fest and are not effective until this notification has been received. Cancellation fees apply as outlined in these Terms and Conditions.
6.2 No Refunds – Except as provided in these Terms and Conditions, there is no refund for unused services or if portions of the Fest if activities are missed. For example, we do not offer any credit for arriving late to Perth airport and missing your connecting flight to Christmas Island, missing activities, or not utilising any part of the program.
6.3 Form – You must submit your signed participation Agreement and Waiver of Liability form no later than 60 days before the departure date (if booking before that date), or if booking after that date, when full payment is made.
6.4 Event changes – the Indian Ocean Fest plans itinerary arrangements well in advance, with independent suppliers such as airlines, hotels etc., over whom we have no direct control. Indian Ocean Fest reserves the right to amend the Fest package.
6.5 Refunds if the event is cancelled or rescheduled due to inadequate booking numbers – our guest numbers are capped to provide the most exclusive and immersive experience possible, but we do require a minimum number of bookings to be financially viable in such a remote location. In the event adequate numbers cannot be achieved, it may be necessary to cancel or reschedule. If the event cancels due to minimum numbers not being reached, a full refund will be provided, less an administration fee of $200 per booking. Alternatively, if the guest chooses, a full credit voucher will be provided for a booking on a future Fest
7 Force Majeure events, including COVID-19
7.1 Force Majeure event means the occurrence of an event that is beyond Indian Ocean Fest organisers’ reasonable control and which could not have been reasonably prevented which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory affecting the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time, including changes or amendments in regulations or access to services, sites or countries caused by declared epidemic or pandemic events.
7.2 Termination of Booking Contract or Change of Travel Arrangements due to Force Majeure, including COVID-19 If the Indian Ocean Fest organiser, in its reasonable opinion, considers that any Force Majeure event prevents Indian Ocean Fest (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject to the booking contract with you, then Indian Ocean Fest may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.
7.3 Limitation of Liability in the Event of Force Majeure, including COVID-19 In the event that Indian Ocean Fest cancels or changes your travel arrangements (including the Fest package) in any way due to a Force Majeure event, Indian Ocean Fest will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. Indian Ocean Fest is not liable to refund any part of the deposit or purchase price paid by you if Indian Ocean Fest subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. However, we understand these are challenging times. The Indian Ocean Fest is a not for profit event designed to promote and develop sustainable tourism opportunities for the Indian Ocean Territories. In the event of a Force Majeure event we will work with our guests and where possible, refund part or all of any unused portion of the booking cost, provided doing so will not result in a financial loss to the Indian Ocean Fest
8 Airfares from Perth to Christmas Island
8.1 Air travel is arranged with Virgin Australia. Indian Ocean Fest will arrange this component of air travel as advertised in connection with your Fest package. All airfares are subject to flight availability. Airfares will be booked and ticketed upon receipt of your deposit to avoid price or tax increases. Once air tickets are issued, airline amendment and/or cancellation fees apply and, in some cases, are non-refundable. Name changes and voluntary date and schedule changes will incur fees. Indian Ocean Fest is not liable for delays or disruptions of air travel.
9 Data Use and Protection
Guests agree that they may be photographed and/or filmed during the Indian Ocean Fest and agree that the IOT RDO may use such recordings for promotion and/or advertising purposes for future Indian Ocean Fests, or destination promotion without any prior consent. If a guest wishes to not be photographed, they must select this option on the liability waiver. The guest agrees that IOT RDO may use his/her personal data for marketing and market research purposes. The company assures guests that all personal data will be treated confidentially and not be transferred to any third party other than necessary to fulfil the booking or deliver the requested service.
10 Responsible Service of Alcohol
Indian Ocean Fest staff and providers are trained in the responsible service of alcohol and are obliged by law to refuse service to any guest who, in their reasonable opinion appears to be intoxicated or behaves in an aggressive or offensive manner.
About Indian Ocean Fest
The seven-day fest will offer you the chance to truly immerse yourself in nature – from jaw-dropping vistas, to deserted white sandy beaches, fresh-water streams, and waterfalls you can take a shower under.
Find out a bit more about the full seven-day program of inspiration, entertainment and adventure with film, art, music, food, talks, treks, trails, hands-on workshops.