Terms and Conditions
Please do not proceed with any booking or purchase until you have read, understood and accepted these terms and conditions. If you have any queries, please contact us and we will be pleased to assist
Horse Happening Pty Ltd
Telephone: +61 41861 3930
In these Terms and Conditions:
“User”, or “you” or “your” means a person who visits the site, books or enquires about an event or experience, provides content or services for the site, advertises and contributes to the Horse Happening Platform including, but not limited to Customers and Suppliers.
“Horse Happening” or “us’” or “we” means Horse Happening Pty Ltd (ACN 621 982 107).
“Horse Happening Platform” means the Horse Happening Website and Mobile Application.
“T&Cs” means these Terms and Conditions.
“Customer” means a user who intends to, or has made a booking or purchase on the Horse Happening Platform.
“Services” means experiences, events that are advertised and/or available to book or purchase via the Horse Happening Platform, including but not limited to events, experiences, trainings, horse clinics, lessons, courses, seminars, adventures, accommodation, treks, tours or holidays.
“Experience” or “Experiences” means services that are advertised and/or available to book or buy via the Horse Happening Platform, including but not limited to events, experiences, trainings, clinics, lessons, courses, seminars, adventures, accommodation, treks, tours or holidays.
“Event” or “Events” means services that are advertised and/or available to book or buy via the Horse Happening Platform, including but not limited to events, experiences, trainings, clinics, lessons, courses, seminars, adventures, accommodation, treks, tours or holidays.
“Holidays” means “Tours” or “Treks” or “Holidays” or “Horse Holidays” or “Cowgirl Retreats” or Experiences or Events of a longer duration, of 3+ days.
“Booking” means any order for Merchandise and Services which is confirmed by us.
“Purchase” means each transaction in which a user buys a ticket for an experience or event; registers and pays for an event, experience, training, clinic, lesson, course, seminar, adventure, accommodation, tour or holiday; or buys merchandise from a Supplier via the Horse Happening Platform.
“Supplier” means the experience or event provider, the individual or entity which advertises, offers, organises and provides services and/or products on the Horse Happening Platform.
“User Content” means any and all information and content that a user submits to, or uses with, the Horse Happening Platform. It includes, but is not limited to images, photographs, videos, ratings, reviews and/or testimonials.
“Supplier Content” means any and all information and content that a Supplier submits to, or uses with, the Horse Happening Platform, It includes, but is not limited to images, photographs, videos, ratings, reviews and/or testimonials.
Use of the Horse Happening Platform
The Horse Happening Platform is available to all Users subject to these General Terms and Conditions (herein referred to as “T&Cs”). When you make a booking or purchase on the Horse Happening Platform or otherwise use this website, you agree to accept these Terms and Conditions.
The Horse Happening Platform is owned by Horse Happening Pty Ltd ACN 621 982 107.
The Horse Happening Platform www.horsehappening.com is used by Horse Happening and its suppliers to give you and all users, access to various products and Services. Users under the age of 18 years, must obtain the consent of a parent or guardian prior to using the Horse Happening Platform. The parent or guardian will be responsible for appropriately supervising the person’s use of the website. The User hereby declares to use the Horse Happening Platform in accordance with these T&Cs.
The Horse Happening Platform is solely and exclusively for your personal use. It may not be modified, reproduced, duplicated, copied, distributed, sold, resold or exploited for commercial or non-commercial purposes, except that you may print out copies of itineraries, schedules, tickets and booking confirmations and forms for your personal use.
The User agrees not to use this Website for illegal or prohibited purposes. In particular, the User accepts that he or she will only use this Website for him/herself and that the products or services purchased through the Horse Happening Platform will be for his or her own use or consumption, or the use or consumption of persons on behalf of whom he or she is legally authorised to act. The User shall not resell to third parties products or services purchased through the Horse Happening Platform.
Horse Happening reserves the right to deny access to the Website at any time without notice.
Our suppliers are the providers of the experience. They provide services and merchandise directly to you, the customer. Horse Happening is not a supplier of any services, experiences, events, holidays or merchandise.
Our obligation to you is to (and you expressly authorise us to) make bookings on your behalf and to arrange relevant contracts between you and our suppliers, which you agree may be evidenced by a printed ticket, voucher or an e-mail advising of confirmation of booking.
We do not control the business operations of our suppliers. Horse Happening has no responsibilities for any services, experiences, events or holidays provided or not provided by the supplier. Horse Happening makes no warranty or representations in regard to the standard of any services provided or to be provided.
Horse Happening may also act as an agent, when selling gift vouchers for events and experiences provided by our suppliers. Gift Vouchers issued are subject to the terms and conditions of each supplier and the Horse Happening T&Cs.
When you make a booking via this website, the contract will be between the Supplier and you. Horse Happening is therefore not a party to the contractual relationship in relation to the products and services you order on our website, unless explicitly provided otherwise herein. Any queries or concerns relating to the products or services should be addressed to the Supplier.
By using the Horse Happening Portal, you authorise us to act as your representative during the process of comparison between Suppliers and booking of services and/or merchandise from the selected supplier and to make the payment for such services and/or merchandise in your name and on your behalf, as required.
After you confirm your booking, you will receive a confirmation email and invoice. This is the moment that your binding contract in relation to the services and products ordered will come into existence. This confirmation email will provide details about the experience or event.
Making a booking
Many of our experiences and events can be booked and paid for online and you will receive a confirmation instantly.
We are also selling tickets for horse events, where you are attending as a spectator, auditor, passive candidate or what is referred to as a “fence sitter”. When buying a ticket for one of our events, you will be able to print out your ticket.
For some of our experiences, holidays and cowgirl retreats overseas, we will ask you to fill out a booking/registration form. Please contact us directly for Group Bookings.
Following receipt of your booking/registration form and all appropriate payments, we will, subject to availability, confirm your booking and send you a confirmation invoice.
We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances we will attempt to contact you, using the email address you provided at the time of booking, or your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever.
Full Payment is required at time of booking for our experiences and events.
A minimum deposit of A$ 500 is required for the booking of any Tours, Treks, Holidays, Horse Holidays and Cowgirl Retreats. For bookings made 12 weeks or less before the start or departure date, the full payment is due. If we do not receive full payment on time, we reserve the right to consider your booking as being cancelled and our cancellation policy will become effective. Payment due dates will be shown on the invoice sent to you. Horse Happening will not send out any payment reminders.
Cancellation of Clinics, Experiences or Events by you
If you need to cancel your experience or event once it has been confirmed, you must immediately advise us in writing by email. Notices of cancellations become effective once they are are received by us.
Your notice of cancellation will only be effective when we receive it in writing. We do incur costs from the time we confirm your booking and we may not be able to sell your place on one of our experiences or events. In the event of cancellation by you, the following cancellation charges will apply.
Cancellation 6 weeks prior to the start of the experience or event Non-refundable
Cancellation more than 6 weeks prior to the start of the event A$ 150 Cancellation Fee
For some of the experiences and events, you might be able to nominate a replacement for your place. Replacements must be nominated in writing via email and the email must be received by us a minimum of five working days before the start of the experience and event. Replacements nominated must fulfil all requirements of the experience and event. Requirements in place might relate to the replacement rider’s level of ability, experience and fitness.
Spectator tickets, passive participant, fence sitter and auditor tickets are non-refundable, but they are transferrable to another person. You will not need to inform us about transferring a ticket as long as your replacement fulfils all requirements to attend the event.
Cancellation of Holidays by you
If you have booked a tour, trek, holiday, horse holiday or cowgirl retreat with us, in some circumstances Horse Happening might be able to re-sell your place to someone on our waiting list. Should we be able to find a replacement participant, we will provide you with a refund, less a $300 AUD cancellation fee if we receive your cancellation in writing not less than 12 weeks prior to the first day of your holiday.
Holidays can only be cancelled up to 12 weeks prior to the start of the experience or event. If cancellation or booking is received less than 12 weeks prior to the start of the event or experience, all amounts paid until the date of your cancellation received in writing will be forfeited and no refunds can be made.
Depending on the reason for cancellation of a holiday, you may be able to reclaim cancellation charges under the terms and conditions of your travel insurance. Please contact your travel insurance provider directly.
3.Changes or cancellation by us
The nature of our business calls for planning the experiences, events and holidays far in advance. Sometimes we have to make alterations to our experiences, events and holidays due to unforeseen circumstances and changes made by our suppliers and third parties. Most changes will be minor, but we do have to reserve the right to make any changes or cancel any experience, event or holiday. If such changes are required, we will offer you full reimbursement of all amounts paid. We will also try to offer you participation in another similar experience, event or holiday. However, since all of our offerings are quite unique, this might not always be possible. We select our suppliers very carefully and we will make every effort not to disappoint our customers.
Horse Happening is not liable in the event there are deficiencies with bookings, confirmations and/or execution of any services purchased through the Horse Happening Platform.
Horse Happening is not liable in the event there are deficiencies with reservations, confirmations and/or execution of any trips or services purchased through Horse Happening due to reasons of force majeure.
In these T&Cs and booking conditions, “force majeure” means any event that we or the supplier of the services or merchandise in question could not, even with all due care, foresee or avoid. It includes, but is not limited to illness or death of the experience or event supplier and to political, economic, security or climatic disorder that affects safety. Such events may include war or threat of war, riots, civil strife, terrorist activity or threat of terrorist activity, industrial dispute, natural or nuclear disaster, adverse or unsuitable weather or health conditions, fire, flood, and all similar events outside our control.
All prices quoted are subject to availability, subject to change, and can be withdrawn or varied without notice. The price is guaranteed at the time your reservation is confirmed, provided deposit or full payment is made at time of reservation. Unless otherwise stated, prices are inclusive of taxes and GST.
We reserve the right to increase or decrease the prices of unsold experiences, events and holidays at any time. The price of your event, experience or holiday will be confirmed to you at the time of your booking.
Please note that our published pricing does usually not include any travel or transfers to the location of the event, unless specified.
Some experiences and events do include overnight accommodation for the participant and one horse and others do not. For each experience and event, please check carefully what is included and what not. Please follow guidance in arranging everything in regard to booking accommodation for your horse and yourself.
If you are booking an experience, event, or holiday overseas or require assistance with making travel arrangements or arranging transfers to the location of the holiday, the event or experience, we are happy to put you in touch with one of our travel partners.
Some of our prices for our holidays, experiences and events overseas are quoted in foreign currency and we will apply the exchange rate valid at time of booking. If our costs increase as a result of any adverse exchange rate fluctuations, we will absorb the increased costs up to a total amount equivalent to 2% of the cost of your holiday, experience or event. If any surcharge adds up to an increase of 10% of the cost of your holiday, experience or event, you will be entitled to cancel your booking and receive a full refund. Should you decide to cancel due to this increase, you must exercise your right to do so within 10 working days from the invoice date printed on the surcharge exchange rate surcharge invoice. We will not invoice you for any surcharges less than 30 days before departure. No refunds can be made in the event of favourable exchange rate fluctuations or any decreases in costs.
Horse Happening charges a transaction fee to recover the costs we incur for card payments and Paypal. No fees will be charged when redeeming a gift voucher. In addition, the transaction fee will be capped at a maximum of $20.
Transaction fees vary dependent on the payment method chosen.
America Express 0.00%
If transaction fees apply, the transaction fees charged will be clearly displayed to you at the time of purchase.
We also offer payment via bank transfer directly into our bank account. Please contact us directly if you would like to use that option.
If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the booking; you must advise us of this at the time of booking in writing. We will then check with our suppliers if they can accommodate your request and if the experience, event or holiday you have chosen is suitable for you. We reserve the right to decline your booking if for any reason we or our supplier feel that the event, experience or holiday is not suitable for you.
With your booking you accept responsibility for any damage or loss caused by you or the horse which you are bringing to the experience or event. Full payment for any such damage or loss must be made at the time, directly to the horse clinician, the property owner, landowner or accommodation owner or manager or other appropriate party. If you fail to do so, you must indemnify us against any claims subsequently made against us (together with our own and the other party’s legal costs) as a result of your actions. If in our opinion or in the opinion of any other person in authority any person behaves in such a way as to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property, we reserve the right to terminate the holiday arrangements of that person without notice. In this situation, the person(s) concerned will be required to leave the experience, event or accommodation. We will have no further responsibilities towards such person(s) (including any return travel arrangements). No refunds will be made and we will not pay any costs or expenses incurred as a result of termination and full cancellation charges will apply.
If you have booked a holiday abroad, your booking is accepted on the strict understanding that you undertake to comply with the laws, customs, foreign exchange, drug and all other regulations of any countries visited during your holiday, as well as all safety and security rules.
Gift Vouchers/Gift Cards
Horse Happening offers Gift Vouchers/Gift Cards which can be redeemed for any event advertised on the Horse Happening Portal if the User fulfils the requirements to participate in the experience or event. Some of our suppliers also offer Gift Vouchers for a specific event. Gift Vouchers can be purchased and printed online. We also send out Gift Vouchers by post.
Gift Vouchers/Gift Cards must be booked and used within 12 months of purchase. Once a voucher has expired, Horse Happening is under no obligation to offer an extension. Extension requests will not be considered if your request is received less than 30 days before the Gift Vouchers/Gift Cards expire. Any extension request for any Gift Voucher/Gift Card that is over 3 months past the expiry date will not be considered.
Expired Gift Vouchers/Gift Cards are non-refundable in whole or in part. After a voucher has expired, it is no longer valid and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of Horse Happening. We clearly display the expiry date on our Gift Vouchers/Gift Cards.
Photos, Images, and Content
Photographic images are reproduced with the permission of Horse Happening and the suppliers represented on the Horse Happening Portal, or as shown where necessary to satisfy the copyright obligations associated with their electronic reproduction.
Users and suppliers submitting any form of content automatically confirm to us, that they own the rights to the User and Supplier Content provided to us.
Users confirm that they are the sole author and owner of the intellectual property rights of the user content they provide and that it does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. For any content that you submit, you grant Horse Happening and the supplier of your experience, event or holiday perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you;
Where joint copyright is held over proprietary text or images, we reserve the right to pursue all copyright infringements on behalf of the primary copyright holder. Where the copyright for a photographic image is held exclusively by a third party under licence, we reserve the right to vigorously protect the copyright of those images on behalf of the third party.
If you provide us with any customer feedback or photos, you take full responsibility that you own the rights to these images and content and you will give us the right to publish these images on the Horse Happening Portal. This includes any images or photos which you might supply to participate in one of our monthly prize draws.
You give Horse Happenings and its suppliers the right to take photographs of you during your participation in any event, experience or during your holiday and to use these images and any customer reviews you provide us with and comments for publishing. If you don’t want to be photographed you must inform us in writing prior to making a booking.
Liability, Guarantees and Warranties
In respect of our Services it is the supplier who provides the experiences, events and holidays. Horse Happening is not the supplier of the experience. It is therefore important for you to obtain and read the supplier’s terms and conditions applicable to the services and merchandise you purchase. Also, make sure you are aware of any exclusions or limitations of liability imposed by the suppliers, some of which may limit or exclude liability in respect to death, personal injury, delay and loss or damage to personal property. Horse Happening has no responsibility for the services or merchandise provided by these suppliers, nor does it make or give any warranty or representation regarding the standard of those services or merchandise. All bookings are made subject to the terms and conditions, including limitations of liability imposed by those suppliers. We can provide you with copies of the relevant supplier terms and conditions on request. Your legal rights in connection with the provision of services are against the specific supplier and, except to the extent a problem is caused by fault on our part are not against Horse Happening.
Horse Happening has no liability for any act, omission or default, whether negligent or otherwise of any supplier or third party delivering or being involved in the delivery of any experience, event or holiday. Where the Horse Happening liability cannot be excluded, such liability is limited to the value of the booking or the merchandise purchased.
This contract and all matters arising out of it are governed by Australian Consumer Law in respect of guarantees and warranties for our merchandise and services. It is our responsibility to ensure that merchandise sold by Horse Happening are of acceptable quality, free from defects and fit for the purpose considering the prices and description provided to you at the point of sale. If the merchandise does not fulfil any of these criteria then we will consider a refund based on each if the complaint is made to us within a reasonable period of time.
You acknowledge that horse riding and participating in horse related activities is a dangerous activity and that horses can act in a sudden and unpredictable (changeable) way, especially if frightened or hurt. Any horse can bite, buck, kick, startle, trip or slip, etc. and put the rider or handler and the horse at risk of injury or death. You understand and acknowledge that serious INJURY or DEATH may result from horse riding, whilst on the ground around horses, handling horses and during your participation in experiences and events and holidays offered on the Horse Happening Platform.
Most of the experiences, events and holidays that we promote as an agent are considered risky or dangerous. Prior to booking and getting involved in any experience or event you should be aware of the risks involved. Our suppliers warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. We make no warranty or representation about their business or services whatsoever. The responsibility rests with you to make independent enquiries with the suppliers or other third parties as to the need to acquire your own insurance cover.
For insurance reasons, most of our suppliers and landowners on which property you might be riding require you to sign a waiver of liability before you attend an experience, event or holiday as a participant. Please note that you will not be allowed to participate in events or ride on any privately owned property where signing of a waiver is required and you have not returned the signed waiver form to us prior to the event. We will not issue any refunds for any experiences or events paid for where the participant refuses to sign the liability waiver form.
To the extent permitted by law, neither Horse Happening Pty Ltd nor any of its related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers and suppliers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.
For our horse holidays, our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
In the unlikely event of any dispute between Horse Happening and the Customer, the Customer agrees that any dispute, claim, or other matter which arises out of or in connection with this contract or the Experience and Event will be dealt with under the provisions of the Commercial Arbitration Act 2011 of the State of Victoria.
Our liability to you
We promise to make sure that all parts of the experience, event or holiday we have agreed to arrange as part of our contract are provided to a reasonable standard and in accordance with that contract. The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided.
We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is the total price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your experience, event or holiday. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is $50 per person affected as you are assumed to have taken out adequate insurance at the time of booking.
Complaints or Problems During Your Event or Experience
If you have a problem or a complaint during your holiday, event or experience, please bring this to the experience provider’s attention immediately so that issues may be addressed and problems resolved on the spot, where possible.
Ratings and Reviews
By submitting any images, photographs, content to Horse Happening you represent and warrant that:
- You have personally participated in the event, experience or holiday which you are reviewing.
- You are the sole author and owner of the intellectual property rights of the content of your review, and that the content of your review does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- For any content that you submit, you grant Horse Happening and the supplier of your experience, event or holiday perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you;
- All “moral rights” you may have in such content have been voluntarily waived by you (including rights of attribution or integrity) that may subsist in your content and agree you have no objection to the publication, use, modification, deletion or exploitation of your content by Horse Happening;
- You have not been compensated or granted any consideration by any third party for your review, and that you are providing your review in good faith and in the spirit in which the process is intended;
- Use of the content you supply does not violate these T&Cs and will not cause injury to any person or entity;
- The content you provide to Horse Happening: is not false, inaccurate or misleading; does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) does not contain any content which is defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
- The content you provide does not contain any of the following types of content or violates other guidelines: Obscenities, discriminatory language, or other language not suitable for a public forum; advertisements, “spam” content, or references to other products, offers, or websites; email addresses, URLs, twitter handles, phone numbers, physical addresses or other forms of contact information; critical or spiteful comments about other reviews posted on the page or their authors.
You agree to indemnify and hold Horse Happening (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (direct or indirect) including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
By submitting your email address in connection with your rating and review, you agree that Horse Happening and its suppliers may use your email address to contact you about the status of your review and other administrative purposes.
Customer reviews are important to us. At certain points in time we might offer customers incentives to leave reviews. It is of utmost importance to us that reviews are impartial and honest, and we will make these incentives available to participants and customers regardless of whether the review is positive or negative.
If you book a holiday abroad with us, we strongly recommend that you take out appropriate comprehensive travel insurance to cover your travel arrangements and the experience, event or holiday booked with us. Your insurance protection should include cover for cancellation; medical and repatriation expenses; personal injury and accident; death; loss of personal baggage and money; and personal liability.
We will also pass information about your horse and your riding abilities to our suppliers.
We will not pass your details onto third parties unconnected with your booking.
Entire Agreement and Severability Clause
These Terms and Conditions contain the entire agreement between the parties in relation to its subject matter.
If at any time any part of these T&Cs (including any one or more of the clauses of these T&Cs or any sub-clause or paragraph or any part of one or more of these clauses) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these T&Cs and the validity and/or enforceability of the remaining provisions of these T&Cs shall not in any way be affected or impaired as a result of that omission.
Horse Happening reserves the right to change or update these T&Cs from time to time without prior notice to you. The current version of the T&Cs will be displayed within the Horse Happening Platform from the date on which any changes come into effect. Continued use of the website following any changes to the Terms and Conditions shall constitute your acceptance of such changes.
These T&Cs, as well as any relation between Horse Happening and the User, shall be governed by Australian Law. In the unlikely event of any dispute between Horse Happening and the user, the user agrees that any dispute, claim, or other matter which arises out of or in connection with this contract or the Experience and Event will be dealt with under the provisions of the Commercial Arbitration Act 2011 of the State of Victoria.