These terms and conditions govern the Quaack Services Refund Policy (the “Guest Refund Policy ”) available to guests who book and pay for an event listed through the Flugente platform (the "Site") and suffer a Cancelation.
1. Cancelation. A “Cancelation” means that the event is canceled shortly before the scheduled start of the event.
2. The Guest Refund Policy. If you are a guest and and the dinner is cancelled before the scheduled start of the event, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Quaack Services Pty Ltd in our discretion, depending on the nature of the Cancelation suffered or (ii) use our reasonable efforts to find and book you another event for any unused funds left in your event reservation which in our determination is reasonably comparable to the event described in your original event reservation in terms of features and quality. All determinations of Quaack Services Pty Ltd with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the guests.
3. Conditions to Claim a Cancelation. Only a guest may submit a claim for a Cancelation. If you are a guest, in order to submit a valid claim for a Cancelation and receive the benefits with respect to your event reservation, you are required to meet each of the following conditions:
(a) you must bring the Cancelation to our attention in person, in writing (by email or mail) or via telephone and provide us with information about the circumstances of the Cancelation within 24 hours of your original event reservation, and must respond to any requests by us for additional information or cooperation on the Cancelation.
(b) you must not have directly or indirectly caused the Cancelation (through your action, omission or negligence).
4. General Provisions.
(a) No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the guest, and the guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Quaack Services Pty Ltd reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If Quaack Services Pty Ltd modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Quaack Services Pty Ltd will continue to process all claims for Travel Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Quaack Services Pty Ltd and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Quaack Services Pty Ltd and you regarding the Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Quaack Services Pty Ltd Terms of Service.
(d) Controlling Law. This Guest Refund Policy will be interpreted in accordance with the laws of Queensland, Australia, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL QUAACK SERVICES PTY LTD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS QUAACK SERVICES PTY LTD POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMMODATION FEES COLLECTED BY QUAACK SERVICES PTY LTD FROM THE GUEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, BY BOOKING AN EVENT OR OTHERWISE USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
5. Contacting Quaack Services Pty Ltd. If you have any questions about the Guest Refund Policy, please contact Quaack Services Pty Ltd at firstname.lastname@example.org or by mail at GPO Box 326, Sherwood QLD 4069, Australia.