Terms of service
Terms of Service
These Terms of Service apply to your use of the Cloudbase Paragliding Australia website and to products and services purchased or booked through Cloudbase Paragliding Australia.
Throughout these Terms, “Cloudbase”, “we”, “us” and “our” refer to Cloudbase Paragliding Australia.
By accessing our website, purchasing goods, making a booking, paying a deposit or reservation payment, or otherwise using our services, you agree to these Terms together with any additional terms disclosed on the relevant product, training, tandem-flight, tour, demo or booking page.
1. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
Where a product or service fails to meet a consumer guarantee, you may be entitled to a repair, replacement, refund, cancellation, compensation or another remedy as provided by law.
Any cancellation, change-of-mind, booking, voucher or other policy in these Terms operates subject to those rights.
2. Website use
You may use this website only for lawful purposes.
You must not misuse the website, interfere with its operation, attempt unauthorised access, introduce malicious code, scrape or systematically extract content without permission, impersonate another person, or use the website in a way that infringes the rights of Cloudbase or any third party.
We may suspend or restrict access where reasonably necessary to protect the website, our customers, our business or other users.
3. Product and service information
We take reasonable care to ensure that product descriptions, photographs, specifications, sizing information, pricing, availability and other information are accurate.
Paragliding and parakiting equipment is technical equipment and manufacturers may update specifications, colours, materials, included accessories or other details during a product’s life.
Images are illustrative and screen displays may not reproduce colours precisely.
Where an error is identified, we may correct the information and will contact you if that error materially affects an order you have already placed.
4. Product availability
Stock levels and expected delivery dates are estimates unless expressly confirmed otherwise.
Some equipment may be supplied to order, allocated from an incoming shipment or subject to manufacturer availability.
Placing an order does not guarantee availability until we have accepted the order.
If we cannot supply an ordered product, we will contact you and provide the appropriate options, which may include an alternative product, revised delivery timing or a refund of amounts paid for the unavailable item.
5. Orders and acceptance
Submitting an order through our website is an offer to purchase.
An automated order confirmation acknowledges that we have received your order but does not necessarily mean that we have accepted it.
We may decline or cancel an order before fulfilment where reasonably necessary, including because of unavailable stock, an obvious pricing or description error, suspected fraud, payment failure, shipping restrictions or another genuine operational reason.
If we cancel an order after payment has been received, we will refund the applicable amount unless another lawful arrangement has been agreed with you.
6. Prices, GST and payment
Unless stated otherwise, prices displayed to Australian customers are in Australian dollars and include GST where applicable.
Prices may change without notice, but a price change will not retrospectively alter an order that we have already accepted unless the displayed price was clearly erroneous and we contact you before fulfilment.
Payment must be made using a payment method offered at checkout or another payment method expressly agreed by Cloudbase.
Deposits, reservation payments and staged payments for services or tours are subject to the additional booking and cancellation terms disclosed for that service.
7. Shipping and delivery
Shipping charges and available delivery services are displayed during checkout where applicable.
Delivery estimates are estimates rather than guaranteed delivery dates unless we expressly agree otherwise.
We are not responsible for delays caused by carriers, customs, border authorities, natural events or other circumstances outside our reasonable control, although we will provide reasonable assistance where a shipment is delayed or lost.
You are responsible for supplying a complete and accurate delivery address.
International customers are responsible for any customs duties, import taxes, brokerage charges or other destination-country charges unless we expressly state that they are included.
Some products may not be available for international shipment because of manufacturer restrictions, dangerous-goods rules, carrier limits or import requirements. If an ordered product cannot lawfully or practically be shipped to your destination, we will contact you.
8. Returns, refunds and change of mind
Your rights under the Australian Consumer Law always apply.
We are not required to provide a refund or exchange merely because you change your mind, choose the wrong product, find the product cheaper elsewhere or later decide that you no longer require it.
Where we agree to accept a change-of-mind cancellation or return, reasonable conditions may apply, including that the product is unused, complete, undamaged and suitable for resale.
For an order cancelled purely because of change of mind before fulfilment, Cloudbase may apply a $10 administration/restocking fee per order, where lawful and disclosed.
That fee does not apply where you are exercising a right or remedy available under the Australian Consumer Law.
Special-order, customised or manufacturer-ordered equipment may have additional cancellation restrictions where we have already incurred non-recoverable commitments. These will be disclosed before or at the time the relevant order is accepted.
9. Gift cards and gift vouchers
Unless a different lawful period is expressly stated, purchased Cloudbase gift cards and gift vouchers are valid for 36 months from the date of purchase.
The issue date and expiry information will be provided with the voucher where required.
A voucher that has validly expired is no longer redeemable.
Gift cards and vouchers are not redeemable for cash except where required by law.
Change-of-mind refunds are not ordinarily provided for gift cards or vouchers. This does not limit any rights that cannot be excluded under Australian Consumer Law.
Gift cards and vouchers must not be commercially resold without our written approval.
Where a gift voucher relates to a particular activity or service, booking availability, weather requirements, participant suitability and any service-specific conditions also apply.
10. Paragliding training and pilot-development services
Paragliding training is weather-dependent and safety-dependent.
Unless the particular course or booking states otherwise, purchased training and tuition credit should be completed within 12 months of purchase or commencement.
Where training cannot be completed because Cloudbase determines that weather or operational conditions are unsuitable, we will make reasonable arrangements for the remaining training in accordance with the applicable course structure and availability.
A particular rating, endorsement or training outcome can never be guaranteed merely because a course fee has been paid. Progression depends upon the student satisfying the applicable competency, safety and regulatory requirements.
Cloudbase may pause, alter or discontinue a flying activity where an instructor considers that weather, site conditions, equipment, pilot condition, competency or another safety factor makes continuation inappropriate.
11. Training bookings and cancellations
Cloudbase deliberately operates relatively small training groups. Late cancellations can therefore prevent another pilot from using the allocated training position.
Unless different terms are stated for a particular booking, at least 7 days’ notice is required when cancelling or rescheduling an Australian training booking for reasons within the participant’s control.
A late cancellation may result in the loss of the training day or credit allocated to that booking.
Where training was incomplete because of weather or another matter outside the participant’s control, any arrangements to complete that training are subject to the applicable course terms, available scheduled courses and reasonable operational availability.
These cancellation rules do not limit rights available under the Australian Consumer Law.
12. Tandem flights
Tandem paragliding is dependent upon suitable weather, site conditions and safety considerations.
Flight dates, locations, launch sites and operating times may be changed or cancelled where the pilot or Cloudbase considers conditions unsuitable.
A booking does not guarantee that a flight will occur on a particular date.
Where Cloudbase cancels a flight because conditions are unsuitable, the booking will normally be rescheduled or otherwise dealt with according to the terms attached to that booking or voucher.
Participants must follow reasonable safety instructions and disclose information that may materially affect safe participation.
Cloudbase may decline or discontinue a flight where the pilot reasonably considers participation unsafe.
13. International paragliding tours
International tours involve substantial advance planning, accommodation commitments, local providers and other expenditure.
Tour prices may comprise separate tour fees, accommodation charges, reservation payments or other components.
Overseas tour and hotel cancellation fees
Unless different terms are expressly disclosed for a specific tour, cancellation fees for tour and hotel invoices are calculated according to the amount of notice given before arrival or tour commencement, whichever occurs first.
| Notice before arrival/tour commencement | Cancellation fee |
|---|---|
| 56 days or more | 0% |
| 31–55 days | 25% |
| 15–30 days | 50% |
| 14 days or less | 100% |
If a tour-specific booking confirmation or invoice states a different cancellation schedule, that specific schedule applies to that booking, subject to applicable law.
$150 overseas tour reservation payment
The separate $150 overseas tour reservation payment is subject to the following cancellation schedule:
| Notice before arrival/tour commencement | Cancellation fee on $150 reservation payment |
|---|---|
| 71 days or more | 0% |
| 70 days or less | 100% |
Cancellation fees apply only to the extent permitted by law and do not remove any right or remedy that cannot be excluded under the Australian Consumer Law.
Cloudbase strongly recommends that every international-tour participant obtains appropriate travel insurance as soon as they make a booking, including cover appropriate to paragliding activities, medical expenses, cancellation, delays, lost or damaged equipment and relevant natural-event risks.
Unless expressly included in the tour description, participants are responsible for flights to and from the destination, passports, visas, insurance, personal expenditure and other travel arrangements.
Cloudbase may alter flying sites, itineraries, accommodation, schedules or days of operation where reasonably necessary because of weather, safety, local conditions, regulatory requirements or circumstances beyond our reasonable control.
Cloudbase may cancel or materially alter a tour where circumstances such as natural disaster, volcanic activity, political instability, civil disturbance, government restrictions, serious health events or another significant external event make the planned operation unsafe or impracticable.
Any refund or credit in those circumstances will be determined by applicable law, the relevant booking terms and amounts that Cloudbase can reasonably recover from third-party suppliers.
Cloudbase is not responsible for consequential travel costs that you arrange independently, such as non-refundable airfares, unless required by law.
14. Pilot eligibility and responsibility
Paragliding and parakiting are aviation activities involving inherent risks.
Participants are responsible for ensuring that they hold the qualifications, ratings, membership, insurance and other authorisations required for the activity in which they participate.
Pilots must make their own decisions as pilot in command where applicable and must fly within their qualifications, experience, equipment limitations and prevailing conditions.
Cloudbase may establish higher experience requirements for particular tours, equipment demonstrations, sites or activities.
We may refuse participation, equipment use or a particular flight where we reasonably consider that a pilot’s experience, equipment, physical condition, behaviour or the prevailing circumstances create an unacceptable safety risk.
Nothing in this section excludes liability that cannot lawfully be excluded.
15. Equipment demonstrations and hire
Demo and hire equipment remains the property of Cloudbase or the relevant owner.
Additional demo, hire or waiver terms may apply and will form part of the agreement where disclosed before the equipment is used.
The pilot is responsible for inspecting equipment before flight, operating it within its intended use and limitations, and discontinuing use if the pilot considers the equipment or conditions unsuitable.
Where a pilot damages or loses demo or hire equipment through misuse, negligence or a breach of agreed demo or hire conditions, the pilot may be responsible for reasonable repair or replacement costs.
Normal wear, manufacturing defects and rights that cannot be excluded by law are not affected.
16. Safety-critical equipment
Paragliders, parakites, harnesses, reserves, helmets, carabiners, instruments and related aviation equipment must be selected, configured, maintained and used appropriately.
Information provided by Cloudbase can assist with equipment selection but does not replace manufacturer instructions, appropriate training, pilot judgement or professional inspection where required.
Customers are responsible for ensuring that equipment is appropriate for their size, certification, experience and intended use.
Where Cloudbase gives a specific safety direction as part of training, a tour, equipment demonstration or supervised activity, participants must follow that direction.
17. Third-party products and services
We sell and recommend products manufactured by third parties and may use third-party providers for accommodation, transport, payment processing, shipping and other services.
Manufacturer warranties and third-party terms may apply in addition to these Terms.
Those arrangements do not remove any responsibility Cloudbase has to you under applicable Australian consumer law.
Our website may contain links to third-party websites. We are not responsible for the content, availability or privacy practices of websites that we do not operate.
18. Intellectual property
Unless otherwise stated, the website and its original text, photographs, graphics, videos, branding, designs and other content are owned by or licensed to Cloudbase.
You may view and use website content for your personal, non-commercial purposes.
You must not reproduce, republish, sell, commercially exploit or substantially copy our original website content without permission, except where permitted by law.
Third-party brand names, logos, photographs and other intellectual property remain the property of their respective owners.
19. User-provided content
If you provide Cloudbase with a review, testimonial, photograph, video or other material for publication, you confirm that you have the right to provide it.
Where you expressly give us permission to publish that material, you grant Cloudbase a non-exclusive licence to use it for the purposes agreed with you.
We will not claim ownership of your original content merely because you submit it to us.
20. Website availability and errors
We do not guarantee that the website will always be uninterrupted or error-free.
We may modify, suspend or discontinue website functions where reasonably necessary.
We may correct typographical errors, product information, availability, prices or other content.
Where a correction materially affects an order already placed, we will contact you before relying on the corrected information against you.
21. Liability
To the maximum extent permitted by law, Cloudbase is not liable for losses that are remote, unforeseeable or caused by matters outside our reasonable control.
Nothing in these Terms excludes, restricts or modifies liability, consumer guarantees or remedies that cannot legally be excluded, restricted or modified.
Where the law permits liability to be limited, any limitation will apply only to the extent permitted by that law.
22. Events outside our reasonable control
Cloudbase is not responsible for delay or failure to perform an obligation where that delay or failure results from circumstances outside our reasonable control.
Such circumstances may include severe weather, fire, flood, earthquake, volcanic activity, natural disaster, war, terrorism, civil disturbance, strikes, government restrictions, border closures, epidemics or pandemics, interruption to essential transport or communications, or comparable events.
This section does not remove rights or remedies that cannot be excluded by law.
23. Privacy
Our collection, use and disclosure of personal information is governed by our Privacy Policy.
Where there is an inconsistency between these Terms and the Privacy Policy in relation to the handling of personal information, the Privacy Policy applies to that issue.
24. Changes to these Terms
We may update these Terms from time to time to reflect changes to our business, services, website or legal obligations.
The version published on our website at the time of a transaction or booking will generally apply to that transaction or booking unless the law or an agreed variation requires otherwise.
Changes will not retrospectively remove rights that have already accrued.
25. Severability
If a provision of these Terms is found to be invalid or unenforceable, that provision is to be read down or severed to the extent necessary, and the remaining provisions continue to operate.
26. Governing law
These Terms are governed by the laws of New South Wales, Australia, together with applicable Commonwealth laws including the Australian Consumer Law.
Nothing in this section prevents a consumer from exercising rights available to them under applicable law.
27. Contact
Cloudbase Paragliding Australia
Cubbyhole Complex
Unit 23
2 Warren Rd
Warnervale NSW 2259
Australia
Phone: +61 416 617 067
Email: mark@cloudbaseparagliding.com.au