Travelshoot - Terms & Conditions
Luxury Escapes Travel Pty Ltd ABN 16 150 650 927 (hereafter referred to as Travelshoot/we/us/our) want your purchasing experience with us to be as efficient and as hassle-free as possible. To achieve this we created the following Customer Terms & Conditions (Terms) which governs your purchases and cancellations through our website (http://travelshoot.com/) (the Site).
Under these Customer Terms & Conditions you are taken to provide us with consent to use the photographs taken of you for commercial purposes, provided such commercial purposes are not contrary to your reasonable interests. Refer to section 9.3 if you wish to change this.
1.1 Making a booking
In order for you to make a booking:
(a) you must choose your location and your package;
(b) where a standard package is chosen, insert all shoot details you are prompted to provide (including any special requests or specific shots/combinations you would like to capture);
(c) where a custom package is chosen, provide us with all the information that we request from you; and
(d) make payment of the booking in full.
1.2 Automated Process
All successfully made bookings through our Site are confirmed via an automated email to the account holders nominated e-mail address with an order number. This confirmation does not:
(a) constitute a tax invoice; or
(b) signify our acceptance of your order.
1.3 Receipt of Confirmation
If you do not receive a confirmation email after it appears as though your payment has been processed or held, it is your responsibility to contact us so that we are aware of the error and can assist in rectifying it.
We will not be responsible for any loss suffered by you if you assumed that payment was not made and that an order was not placed because you did not receive a confirmation.
1.4 Amending your booking
(a) We cannot guarantee any change of date or time requests once a booking has been made, as such requests are subject to the availability of our photographers.
(b) We will use our best endeavors to assist in arranging any amendment request you have made at no additional charge, provided such requests are made at least 30 days prior to the date of your booking.
(c) If you require changes to your booking within 30 days of the date of your booking, we reserve the right to charge you an additional fee for the reasonable time that we spend in arranging this variation for you.
We reserve the right at any time after sending your order confirmation to accept, vary or decline your order for any reason, provided we use reasonable efforts to notify you of this before the later of:
(a) 14 days prior to the date of your shoot; and
(b) 7 days after your booking request has been received.
We will forward a valid tax invoice to your nominated email address for all standard package orders placed through our website after the order has been processed. If you do not receive a tax invoice from us it is your responsibility to let us know.
3.1 Types of Payment
The Site allows payment to be made by credit card with the following card types accepted:
(b) Visa; and
(c) American Express.
For standard package website orders the payment details recorded under your account or that are otherwise provided to us at the time of your order will be charged for the full value of your order upon your order being processed.
All credit card payment information and details are provided through pages protected by SSL (Secure Sockets Layer) technology which encrypts the communications and information provided when transmitted from you to our servers.
3.3 Payment Verification
All orders are subject to pre-authorisation checks to ensure fund availability. Pre-authorisations will appear as a “pending” charge on your account. The total value of your order may be held on your account, being taken only once the order has been dispatched.
Subject to paragraph 5 below, the prices that are listed at the time of your order on the product page apply and are final prices inclusive of GST (where applicable) and all other price components (including relevant taxes and charges). We reserve the right to charge different prices in different currencies.
4.2 Custom bookings and Gift Cards/Prizes
(a) Custom booking requests will be priced on a case by case basis in accordance with the terms detailed on the quote itself. The quote will be sent to your accounts email address and will be open for your acceptance up until its specified expiry date.
(b) Gift Cards and Prizes can be purchased via the website and directly with a Travelshoot team member for a value decided by Travelshoot. This can include custom experiences but experience full terms and conditions will apply. Prizes will be honoured for the expiration highlighted in associated competitions - ranging from 3months expiration to 6months expiration. Gift cards purchased directly from Travelshoot or associated gift experiences (in addition to complimentary gift vouchers on behalf of Travelshoot) also will be honoured for an expiration of 6 months (if highlighted) or 12 months for all other gift experiences.
(a) We reserve the right to change our prices at any time in our sole discretion. We will however, use our best endeavours to provide all our customers and account holders with notice of any pricing changes well in advance of the changes taking place.
(b) We may not change a booking price once your order has been made and paid for, subject to paragraph 5 below.
(a) While we use all reasonable care to ensure the information on our site is correct, sometimes errors may occur. Where we have listed an incorrect price as a consequence of an administrative or typographical error, we reserve the right to refuse or cancel any orders placed at the incorrect price.
(b) We will endeavour to contact you to give you the option of purchasing at the higher price before effecting the cancellation. If we cancel your order as a consequence of a pricing error, we will refund all amounts which we have received from you and will confirm the cancellation and refund by sending a notice to the email address linked to your account.
(a) We provide our clients with access to our global network of professional photographers that we have used reasonable endeavors to scrutinize before accepting into our network.
(b) Despite our photographers being required to meet certain requirements, they are engaged as third party independent contractors, not as employees. Accordingly, we will not be responsible for any of their acts or omissions, nor will we be vicariously liable for them in anyway.
(c) We will use reasonable endeavours to ensure that you have the photographer’s contact details and meeting information at least seven (7) days before your booked date (or, in the event of any bookings made on short notice, as soon as reasonably practical before your booked date).
7. Incorrect booking
(a) Standard packages do not include photoshoots that are:
(i) for a corporate or commercial purpose; or
(ii) related to a wedding.
(b) If you have incorrectly booked a standard package you must let us know as soon as possible so that we can determine the photographer’s availability and whether or not the shoot will be able to proceed on the booked date.
(c) If you have incorrectly booked a standard package and have not advised us of your error as required under paragraph (b) before your booked date, then your photographer will be entitled to cancel the shoot.
(d) If your photoshoot does not proceed as a consequence of your incorrect booking:
(i) neither we nor the photographer will be responsible to you if the shoot cannot proceed on the booked day as a consequence of your booking error.
(ii) we will forfeit an amount of your payment to cover our reasonable costs and expenses and those of the photographer. Any balance we are holding will then promptly be refunded to you.
8.1 General cancellations
(a) As we incur costs at the time of processing a booking and need to respect the photographers' time, we will only accommodate order cancellations without charge if you have notified us of the cancellation not less than 7 days prior to the date of your Travelshoot booking. Cancellations made within the 7 days prior to the date of your Travelshoot will not be refunded, save that we may in our sole discretion offer a credit note or refund in the event of cancellation due to a customer emergency (natural disaster, illness or direct family member emergency) subject to you providing us with as much prior notice of this as reasonably possible and any relevant documentation that we may reasonably request.
(b) If your cancellation is subject to a charge, we will send through the amount of the charge along with justification of the reasons for the charge prior to finalizing your cancellation.
(c) We will only process your cancellation once we receive confirmation from you of your intention for it to be cancelled and acceptance of the cancellation charge.
(d) If you do not show up to your shoot within a reasonable time of it being due to begin, your shoot will be cancelled by the photographer and your payment will be forfeited.
8.2 Cancellations due to weather and late attendance
(a) You acknowledge and agree that your shoot will be dependent on the weather conditions of the day.
(b) It is the responsibility of the local photographer to cancel, delay or postpose the booking where inclement weather conditions will prevent the shoot from proceeding.
(c) The photographer will be solely responsible for contacting you to inform you of any changes.
(d) If weather conditions prevent the shoot from occurring in accordance with paragraph 8.2(b-c) above, and you and the photographer are not able to reschedule the shoot (each having used reasonable endeavours to do so), we will arrange for you to receive a full refund.
(e) If a shoot is interrupted by weather, it will be the photographer’s decision as to whether or not to proceed.
(f) Where the shoot is interrupted and cannot continue or be rescheduled, we will arrange for a fair percentage of the booking fee, as reasonably determined by us, to be refunded to you.
(g) You agree and acknowledge that if you the customer are late to the shoot – the photographer is liable for waiting no more than 15minutes. Travelshoot is liable for honouring our contract with photographers and respecting their schedules - so the full booking fee is not refundable. You are encouraged to contact the photographer on the phone number provided if you are running late – but it is at their total discretion as to whether their schedule allows for them to cater for the late attendance estimated and they are in no way obliged to wait or extend the time of the shoot. The full booking fee is also not refundable if the customer does not attend the scheduled Travelshoot.
9.1 Receiving your photographs
(a) We ask our photographers to provide you with:
(i) the first photograph within 48 hours; and
(ii) the remaining photographs within 7 days, of the completion of the shoot.
(b) If you do not receive your photos in the time stated above please let us know so that we can follow up the photographer on your behalf.
(c) All photographs will be made available to you via a private viewing gallery.
(d) The photo selection made available will be equal to the amount detailed in your booking and will be entirely at the discretion of the photographer.
(e) You will not receive unedited originals of the photographs that were taken during the shoot. We reserve the right to charge you an additional fee for providing these photographs (if requested, and if the photographer agrees to provide such photographs).
9.2 Ownership of the photographs
(a) We will own all intellectual property rights in and to the photographs that have been taken of you.
(b) We will grant you a limited license to reproduce and use the photographs for your own private and personal purpose only, provided payment has been made in full grant. This license will not allow you to reproduce or use the images for any commercial purpose whatsoever, including use on any commercial photography websites or online image libraries.
(c) You acknowledge that as the owner of the photographs we may, at our sole discretion:
(i) use your photographs for a commercial purpose in the interest of Travelshoot
(ii) provide your photographer with a limited license to use the photographs for their own promotional, marketing and advertising purposes.
(iii) share and authorize the use of the images to partners (such as travel agencies or hotels) where the client booking has originated from. These partners are provisioned the images for commercial marketing purposes, but all copyright and other relevant proprietary rights will remain held by Travelshoot.
(a) You are taken to provide us with your unequivocal consent to use the photographs in any manner contemplated under 8.2(b) above.
(b) If you do not wish to provide us with your consent, you must notify us prior to the shoot taking place by emailing firstname.lastname@example.org. Where you have not provided us with consent we will use our best endeavors to ensure your photographs are not used for a commercial purpose.
10. Bad experience
(a) Whilst we have a qualification process, we unfortunately cannot guarantee the performance of each of our third party photographers. To reference the level of quality and the general style of a Travelshoot album, please use the samples on our website – www.travelshoot.com. So if you have a bad experience or are not completely satisfied with your photographs you must let us know as soon as possible (and in any event within 14 days of your album being uploaded to the Travelshoot portal) by emailing your concerns to email@example.com.
(b) Where you have contacted us in accordance with paragraph 10(a) above, and where we consider it reasonable to do so, we will arrange for an album review to be undertaken and will use reasonable endeavours to liaise with you and the photographer to agree an appropriate resolution (including any possible refund which shall be at our sole discretion). Please note that we cannot guarantee that our third party photographers will retain the raw files from a photoshoot.
11. Multiple browsers or windows
(a) Using multiple browser’s and/or windows (or tabs) may result in you either losing your order or your order timing out. Please therefore ensure that you only use one web browser with one tab when placing an order on the Site.
(b) We will not be responsible for any loss suffered by you as a consequence of you using multiple browsers or having multiple tabs open within the same browser and accessing the Site.
12. Limitation of liability
(a) To the extent permitted by law (including, without limitation the Australian Consumer Law), we disclaim any liability to you beyond the face value of your order plus any relevant transaction charges.
(b) We will not be liable for any loss of enjoyment or wasted expenditure and accept no responsibility for any damaged personal property.
(c) You acknowledge and agree that we are not liable for any accidents, losses, injuries, damages, delays, expenses or any other adverse consequences to you arising directly or indirectly as a consequence of the photographer’s actions.
(d) This provision does not affect your rights or remedies in relation to any Statutory Consumer Guarantee that may be applicable in the circumstances.
(e) Under no circumstances will Travelshoot or its agents, service providers, suppliers, and/or distributors be liable for any (whether foreseen, foreseeable, known or otherwise) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, or any indirect, consequential, special or exemplary damages arising from the use of the Travelshoot website or any associated products and services regardless of the form of action or type of claim.
13. Law and jurisdiction
These Terms are governed by the law in force in the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
We reserve the right to vary the Terms from time to time without further notice to you. Any variations made will be updated on our site. It is your responsibility to check the Terms every now and again to ensure you are aware of any changes made to it.