BOOKING TERMS AND CONDITIONS
Effective date: August 2026
These Booking Terms and Conditions apply to experiences organised, arranged or sold by by Solene ACN 700 415 069, trading as by Solene (“we”, “us”, “our” or the “Operator”).
Contact:
Renee Mullen
7014 Riverview Crescent, Hope Island 4212
sales@bysolene.com.au
0410 600 308
Please read these Terms before making a booking.
By making a Booking, you agree to these Terms.
Certain Experiences include physical, outdoor or recreational activities. Participation in those activities is also subject to our separate Participant Risk Acknowledgment & Waiver, which is available at www.bysolene.com.au and will be provided for completion before participation.
1. DEFINITIONS
In these Terms:
Booking means a confirmed reservation for an Experience.
Experience means any day retreat, tour, excursion, event, workshop, activity or combination of activities organised, arranged or sold by us.
Participant means a person attending or participating in an Experience.
Participant Waiver means our separate Participant Risk Acknowledgment & Waiver, as updated from time to time for future Bookings.
Supplier means an independent third-party provider involved in delivering any part of an Experience, including transport operators, venues, guides, instructors, wellness practitioners, workshop facilitators, caterers, restaurants and activity providers.
Website means www.bysolene.com.au.
PART A — BOOKINGS
2. MAKING A BOOKING
2.1 A Booking is confirmed when:
a. you provide the information reasonably required to make the Booking;
b. we receive the required payment; and
c. we issue a booking confirmation.
2.2 You must ensure that information provided in connection with a Booking is complete and accurate.
2.3 If you make a Booking for one or more other Participants:
a. you confirm that you have authority to make the Booking on their behalf;
b. you must provide them with these Terms and any information we provide concerning the Experience; and
c. you must advise them that they will be required to complete the Participant Waiver before participating in activities to which it applies.
2.4 Each adult Participant may be required to personally complete the Participant Waiver.
2.5 A group organiser cannot complete the Participant Waiver on behalf of another adult Participant.
3. PARTICIPANT WAIVER
3.1 Certain Experiences include physical, outdoor, leisure or recreational activities that may involve inherent or obvious risks.
3.2 Our Participant Waiver contains important information concerning those risks and may affect a Participant’s legal rights.
3.3 The current Participant Waiver is available before Booking at www.bysolene.com.au and may also be requested from us.
3.4 By making a Booking you acknowledge that:
a. you have been advised that the Participant Waiver applies to relevant activities; and
b. participation in those activities may be conditional upon the relevant Participant completing the Participant Waiver.
3.5 We will provide Participants with a reasonable opportunity to complete the Participant Waiver electronically or otherwise before the Experience.
3.6 Where completion of the Participant Waiver is required and a Participant does not complete it, we may refuse that Participant’s participation in the relevant activity.
3.7 If participation is refused solely because a Participant fails or refuses to complete a Participant Waiver after receiving reasonable notice and an opportunity to do so, any entitlement to a refund will be determined under these Terms and applicable law, taking into account costs already reasonably incurred or committed by us.
3.8 Nothing in these Terms or the Participant Waiver excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.
4. AGE REQUIREMENTS
4.1 Unless otherwise stated, Participants must be at least 18 years of age.
4.2 A person under 18 may participate only with our prior agreement and subject to any parent or guardian consent requirements we reasonably impose.
4.3 Some Suppliers or activities may impose their own minimum age requirements.
PART B — PRICE AND PAYMENT
5. PRICES
5.1 Prices are stated in Australian dollars and include GST where applicable unless otherwise stated.
5.2 The Booking information will identify the principal inclusions in the price.
5.3 Unless expressly stated as included, Participants are responsible for incidental expenses and optional purchases.
6. PAYMENT
6.1 Payment must be made in accordance with the payment requirements disclosed when booking.
6.2 A Booking is not confirmed until the required payment has been received and confirmation has been issued.
6.3 If any balance remains unpaid after its due date, we may give you reasonable notice requiring payment.
6.4 If payment remains outstanding following that notice, we may cancel the Booking.
PART C — CANCELLATIONS, TRANSFERS AND CHANGES
7. CANCELLATION BY A PARTICIPANT
7.1 If you wish to cancel a Booking, you must notify us in writing.
7.2 Our Experiences involve advance commitments to transport operators, venues, caterers, instructors and other Suppliers. Cancellation may therefore result in costs that cannot reasonably be recovered.
7.3 Unless a different cancellation policy is clearly disclosed when booking, the following policy applies:
14 days or more before the Experience:
A refund of amounts paid less reasonable non-refundable costs already incurred or committed in connection with the Booking.
7 to 13 days before the Experience:
We may retain up to 50% of the Booking price to the extent reasonably necessary to cover our actual or reasonably anticipated loss resulting from the cancellation.
Less than 7 days before the Experience:
We may retain up to 100% of the Booking price to the extent reasonably necessary to cover our actual or reasonably anticipated loss resulting from the cancellation.
7.4 In determining any cancellation amount, we may take into account:
a. non-refundable Supplier costs;
b. administration costs reasonably incurred;
c. the proximity of the cancellation to the Experience;
d. whether your place can reasonably be resold; and
e. any loss we are reasonably able to mitigate.
7.5 If we successfully resell your place, that will be taken into account in calculating any cancellation charge.
7.6 Nothing in this clause limits any refund or other remedy to which you are entitled under the Australian Consumer Law.
8. TRANSFERRING A BOOKING
8.1 Subject to availability, Supplier requirements and participant suitability, we may allow a Booking to be transferred to another person.
8.2 A replacement Participant must:
a. satisfy applicable participation requirements;
b. agree to these Terms; and
c. complete the Participant Waiver where required.
8.3 We may recover reasonable additional costs actually incurred in processing a transfer.
9. FAILURE TO ATTEND
9.1 If you fail to attend an Experience without cancelling beforehand, no refund will ordinarily be payable except to the extent required by law.
9.2 This reflects the fact that transport, catering, venues, instructors and other services may already have been committed or paid for on your behalf.
10. CHANGES TO AN EXPERIENCE
10.1 Retreats and day Experiences may be affected by circumstances including weather, road conditions, traffic, track or park closures, Supplier availability, venue requirements, environmental conditions and safety considerations.
10.2 We may make reasonable changes to an Experience where reasonably necessary for safety, logistical or operational reasons.
10.3 Changes may include:
a. changing the order or timing of activities;
b. changing a walking route or location;
c. substituting a venue;
d. substituting an instructor, guide or Supplier;
e. changing the transport provider; or
f. replacing an unavailable activity with a reasonably comparable alternative.
10.4 We will not make a material change merely for convenience where that change would substantially alter the nature of the Experience purchased.
10.5 A minor change that does not materially reduce the overall Experience does not of itself entitle a Participant to a refund.
10.6 If we make a material change that substantially alters the Experience and cannot provide a reasonably comparable alternative, we will provide any refund, credit or other remedy required by applicable law.
11. CANCELLATION BY US
11.1 We may cancel or postpone an Experience where reasonably necessary because of:
a. unsafe weather or environmental conditions;
b. fire, flood, natural disaster or emergency;
c. track, park, venue or road closure;
d. government or emergency-service direction;
e. a material safety concern;
f. material Supplier failure or unavailability;
g. failure to reach a minimum participant number where a minimum number was disclosed before Booking; or
h. another circumstance outside our reasonable control that prevents the Experience from safely or substantially proceeding.
11.2 If we cancel an entire Experience before it begins and cannot provide a reasonably comparable alternative, you may choose:
a. a refund of the amount paid to us for the cancelled Experience; or
b. where you agree, a credit or transfer to another Experience.
11.3 We will not require you to accept a credit instead of a refund where the Australian Consumer Law entitles you to a refund.
11.4 To the maximum extent permitted by law, we are not responsible for consequential expenses independently booked by a Participant, including accommodation, flights, private transport or other services not purchased from us, where the Experience is cancelled or changed because of circumstances outside our reasonable control.
PART D — THIRD-PARTY SUPPLIERS
12. INDEPENDENT SUPPLIERS
12.1 We may engage independent Suppliers to provide components of an Experience.
12.2 These may include:
a. charter bus and passenger transport operators;
b. walking or outdoor guides;
c. venues;
d. restaurants and caterers;
e. yoga, movement or wellness practitioners;
f. artists and workshop facilitators;
g. studios;
h. farms, spas and hospitality providers; and
i. other specialist activity providers.
12.3 We will exercise reasonable care in selecting Suppliers appropriate for the services they are engaged to provide.
12.4 Suppliers may impose reasonable conditions relating to the services they provide, including safety requirements, venue rules or separate participant waivers.
12.5 Participants must comply with reasonable Supplier requirements that have been brought to their attention.
12.6 Suppliers are independent businesses and are responsible for the manner in which they provide their own services.
12.7 To the maximum extent permitted by law, we are not liable for an independent Supplier’s acts or omissions that are outside our reasonable control and for which the law does not make us responsible.
12.8 Nothing in this clause excludes liability that we are legally required to bear.
PART E — TRANSPORT
13. THIRD-PARTY TRANSPORT
13.1 Where transport is included in an Experience, it may be provided by an independent passenger transport provider.
13.2 We will use providers that we reasonably believe hold the licences, accreditations or authorisations required for the services they provide.
13.3 Departure and arrival times are estimates and may be affected by:
a. traffic;
b. road closures;
c. accidents or incidents;
d. weather;
e. vehicle issues; and
f. circumstances outside our reasonable control.
13.4 Participants must comply with lawful and reasonable instructions given by the driver or transport provider.
13.5 Participants must use seatbelts where fitted and required.
13.6 Participants must not behave in a manner that creates a safety risk or unreasonably interferes with other passengers.
14. DEPARTURE TIMES AND LATE ARRIVAL
14.1 Participants are responsible for arriving at the nominated meeting or departure point by the time specified.
14.2 We are not required to delay the departure of the group because a Participant is late.
14.3 If a Participant misses the scheduled departure, the Participant is responsible for arranging and paying for any alternative transport required to join the Experience.
14.4 Where the Participant is unable to join because of their late arrival, any refund will be subject to clause 7 and applicable law.
PART F — PARTICIPANT RESPONSIBILITIES
15. FITNESS AND PARTICIPATION
15.1 Participants are responsible for determining whether they are reasonably capable of participating in an Experience.
15.2 Experiences may involve walking, standing, physical activity, outdoor environments and other activities requiring a reasonable degree of mobility or physical exertion.
15.3 A Participant must not knowingly participate in an activity that is beyond their physical capability or which they reasonably believe would be unsafe for them.
15.4 Participants must notify us of any medical condition, injury, disability, allergy or other circumstance where that information is reasonably necessary for us to:
a. assess whether the Participant can safely participate;
b. consider a reasonable adjustment; or
c. respond appropriately in an emergency.
15.5 Participants are not required to disclose health information that has no reasonable relevance to safe participation.
15.6 We may reasonably restrict participation in an activity where we genuinely consider this necessary for the safety of the Participant or another person.
16. PARTICIPANT CONDUCT
16.1 Participants must:
a. comply with reasonable safety instructions;
b. follow the reasonable directions of guides, instructors, drivers and Suppliers;
c. use equipment only as directed;
d. treat other Participants, staff and Suppliers respectfully; and
e. comply with applicable laws and venue rules.
16.2 A Participant must not participate while materially impaired by alcohol, illicit drugs or another substance where that impairment may create a safety risk.
16.3 We may refuse or terminate a Participant’s participation where we reasonably believe the Participant:
a. poses a material risk to themselves or another person;
b. seriously disrupts the Experience;
c. threatens, abuses or harasses another person;
d. engages in unlawful conduct; or
e. repeatedly refuses to comply with reasonable safety instructions.
16.4 Where a Participant is removed because of their serious misconduct, they are responsible for arranging and paying for their own onward transport.
16.5 Any refund in those circumstances will be determined having regard to the services already provided, costs reasonably incurred and applicable law.
PART G — FOOD, WORKSHOPS AND OTHER SERVICES
17. FOOD ALLERGIES AND DIETARY REQUIREMENTS
17.1 Participants must notify us of relevant food allergies and dietary requirements within any timeframe notified before the Experience.
17.2 We will use reasonable endeavours to communicate that information to relevant Suppliers.
17.3 Unless expressly represented otherwise, we cannot guarantee that a commercial food preparation environment will be completely free of a particular allergen or traces of an allergen.
17.4 Participants with serious allergies should carry any emergency medication ordinarily required for their condition.
18. CREATIVE AND ARTISTIC WORKSHOPS
18.1 Experiences may include clay, art, craft or other creative workshops delivered by us or a Supplier.
18.2 Participants must comply with reasonable instructions concerning tools, equipment, materials and workshop safety.
18.3 Unless expressly stated otherwise, participation does not guarantee a particular artistic result.
18.4 Where an item requires firing, glazing, drying, finishing or later processing, natural variations or accidental damage may occur despite reasonable care.
18.5 Nothing in this clause excludes any remedy available under the Australian Consumer Law.
PART H — EMERGENCIES AND PERSONAL PROPERTY
19. EMERGENCY ASSISTANCE
19.1 If a Participant becomes ill or injured and reasonable emergency assistance is required, we may:
a. provide or arrange reasonable first aid;
b. contact emergency services;
c. arrange ambulance or emergency transportation; and
d. provide emergency or medical personnel with relevant information previously supplied by the Participant where reasonably necessary.
19.2 Unless the relevant cost arises from a matter for which we are legally responsible, the Participant is responsible for third-party ambulance, medical, evacuation or similar expenses incurred on their behalf.
20. PERSONAL PROPERTY
20.1 Participants remain responsible for their personal belongings.
20.2 We recommend that Participants do not bring unnecessary valuables.
20.3 To the maximum extent permitted by law, we are not responsible for loss, theft or damage to personal property unless the loss results from a matter for which we are legally responsible.
PART I — LIABILITY AND CONSUMER RIGHTS
21. AUSTRALIAN CONSUMER LAW
21.1 Our services come with rights and consumer guarantees under the Australian Consumer Law.
21.2 Nothing in these Terms excludes, restricts or modifies a consumer guarantee, statutory right or remedy where doing so would be unlawful.
21.3 Where a service constitutes a recreational service within the meaning of applicable legislation, the separate Participant Waiver contains provisions dealing with the exclusion, restriction or modification of certain rights to the extent permitted by law.
21.4 The Participant Waiver operates only to the extent permitted by law.
22. LIMITATION OF RESPONSIBILITY
22.1 Subject to clause 21 and to the maximum extent permitted by law, we are not responsible for loss to the extent that it results from:
a. a Participant’s failure to follow reasonable safety instructions;
b. a Participant knowingly participating beyond their capabilities;
c. inaccurate or incomplete information supplied by the Participant where that information was reasonably required;
d. the Participant’s unlawful or negligent conduct;
e. an independent event outside our reasonable control; or
f. a failure by the Participant to take reasonable steps to avoid or minimise the loss.
22.2 Nothing in these Terms limits liability for fraud, wilful misconduct, reckless conduct where liability cannot lawfully be excluded, or any other liability that cannot legally be excluded.
23. DAMAGE CAUSED BY A PARTICIPANT
23.1 A Participant is responsible for loss or damage to property caused by their intentional, unlawful or negligent conduct.
23.2 To the maximum extent permitted by law, a Participant indemnifies us against a third-party claim to the extent that the claim results from that Participant’s:
a. intentional or unlawful conduct;
b. negligence; or
c. material breach of these Terms.
23.3 The indemnity does not apply to the extent that the relevant loss was caused or contributed to by our negligence, breach of contract, breach of statutory duty or another matter for which we are legally responsible.
PART J — WEATHER AND ENVIRONMENT
24. WEATHER AND OUTDOOR CONDITIONS
24.1 Outdoor Experiences may proceed in variable weather.
24.2 Rain or other ordinary weather conditions do not automatically entitle a Participant to cancel without the consequences set out in clause 7 if we reasonably determine that the Experience can safely proceed.
24.3 We may modify, postpone or cancel an activity where we reasonably consider weather, fire danger, park conditions, road conditions or another environmental factor makes proceeding unsafe or impracticable.
24.4 Safety decisions may be made before or during an Experience and may take into account information from:
a. government agencies;
b. emergency services;
c. park or land managers;
d. guides;
e. transport operators; and
f. other relevant Suppliers.
25. CLOTHING AND PERSONAL EQUIPMENT
25.1 Participants are responsible for wearing clothing and footwear reasonably appropriate for the activities they undertake.
25.2 Where we identify particular clothing, footwear, sun protection, water or personal equipment as necessary, the Participant is responsible for bringing those items.
25.3 We may prevent a Participant from undertaking an activity where they do not have clothing or equipment reasonably necessary for safe participation.
PART K — PHOTOGRAPHY AND PRIVACY
26. PHOTOGRAPHY
26.1 Photography or filming may occur during an Experience.
26.2 We will obtain any consent reasonably required before using an identifiable Participant’s image for commercial advertising or promotional purposes.
26.3 A Participant may advise us that they do not wish to appear in promotional photography or filming.
26.4 Where we undertake significant commercial photography or filming, we may use a separate image consent or release.
27. PRIVACY
27.1 We may collect personal information reasonably necessary to:
a. administer Bookings;
b. communicate with Participants;
c. deliver Experiences;
d. manage safety; and
e. respond to emergencies.
27.2 Where a Participant voluntarily provides relevant health information, we will use it primarily for participant safety, administration and emergency purposes.
27.3 We may disclose relevant information to a guide, instructor, Supplier, first-aid provider or emergency service where reasonably necessary to provide the Experience or protect a Participant’s health or safety.
27.4 Personal information will otherwise be handled in accordance with our Privacy Policy and applicable privacy law.
PART L — GENERAL
28. COMPLAINTS
28.1 If a Participant has a concern during an Experience, we ask that it be raised as soon as reasonably practicable so that we have an opportunity to address it.
28.2 Formal complaints may be sent to sales@bysolene.com.au
28.3 We will endeavour to deal with complaints reasonably and in good faith.
28.4 Nothing in these Terms prevents a Participant from exercising any statutory right or contacting an appropriate regulator or consumer protection body.
29. SEVERABILITY
29.1 If a provision of these Terms is invalid or unenforceable, it is to be read down to the minimum extent necessary to make it valid and enforceable where legally possible.
29.2 If it cannot be read down, that provision will be severed and the remaining provisions continue to operate.
30. NO WAIVER
A failure or delay by us in exercising a contractual right does not amount to a waiver of that right.
31. CHANGES TO THESE TERMS
31.1 The Terms applying to your Booking are the Terms made available to you when your Booking is made.
31.2 We may amend these Terms for future Bookings.
31.3 We will not retrospectively impose a material adverse change on an existing Booking unless:
a. you agree to the change; or
b. the change is reasonably necessary to comply with law.
32. ENTIRE AGREEMENT
32.1 These Terms, together with:
a. the Booking confirmation;
b. any specific conditions clearly disclosed before Booking; and
c. where applicable, the separately accepted Participant Waiver,
form the agreement between you and us in relation to the Experience.
32.2 If there is an inconsistency between these Terms and the Participant Waiver concerning assumption of risk or recreational services, the Participant Waiver applies to that issue to the extent permitted by law.
32.3 Nothing in this clause limits rights under the Australian Consumer Law.
33. GOVERNING LAW
These Terms are governed by the laws of Queensland, Australia.
Subject to any right a consumer has to commence proceedings elsewhere under applicable law, the parties submit to the courts and tribunals having jurisdiction in Queensland.