Terms and Conditions
Participant Agreement
- Parties:(a) UK Travel Co Pty Ltd (ACN 630 339 829) t/a The UK Pub Co (“We, Us”) as detailed in Item 1 of the Schedule; and
(b) The Participant (“You”) as detailed in Item 2 of the Schedule.
Terms of Agreement:
Agreement
1.1 We and You have entered into this Agreement on the date in Item 3 of the Schedule.
1.2 We have agreed to provide Services as detailed in Item 4 of the Schedule to You at Your request and You have agreed to pay Us all Agreed Fees for those Services as set out in Item 5 of the Schedule. The Agreed Fees are non‑refundable unless expressly provided for in this Agreement.
1.3 You will promptly complete and sign the Application Form and any other documents We require to enable Us to provide the Services.
1.4 If no Placement is offered to You within 10 days of the agreed ‘Start Date’, as set out in Item 6 of the Schedule, You are entitled to ask for and receive a full refund of your fee. A refund will not be applicable if You:
(a) request that We continue searching for a Placement on your behalf and a Placement is offered to You at any later date; or
(b) have been provided with three Placement opportunities by Us which You have rejected.
1.5 You may make a request to Us to assist you with the seeking of a new Placement upon the completion of the initial Placement for an additional administration fee as detailed in Item 7 of the Schedule with such second Placement to be sought by Us for you on the same terms as this Agreement.
2. Your Obligations and Warranties
2.1 In making this application, You warrant that:
(a) You do not have any criminal record and if You are charged with or convicted of a criminal offence after submitting the Application Form, You must immediately notify Us in writing; and
2.2 You must:
(a) provide Us with documents and information upon request, including, but not limited to, birth certificate, copy of information pages of passport, school transcript, resume, work-history records, references, information about all known pre-existing health and mental health conditions and any other issue that may affect Your potential to gain a Placement with a Venue by Us;
(b) complete and sign the Authority (Annexure 1) and the Medical Appraisal Form (Annexure 2);
(c) if asked to do so by the Venue, enter into an employment agreement with the venue (“Venue Contract”) and comply with the terms and conditions in the Venue Contract. You agree that any non‑compliance or breach of the Venue Contract is also a breach of this Agreement;
(d) acknowledge and act on our advice to obtain and maintain comprehensive travel insurance for the full period of Your time abroad;
(e) complete a minimum of 6-months in any Placement (or longer) (“Minimum Placement Period”) procured for You by Us.
(f) complete all paperwork in a timely fashion and respond to all reasonable requests for information and actions which are deemed necessary by the Venue and Us.
3. Our Obligations
3.1 We agree as follows:
(a) to consider Your Application and determine (in our sole discretion) if You will be accepted for Placement and, if You are accepted, We will apply for and recommend Your Placement at a Venue We choose;
(b) We will make all reasonable efforts to secure and confirm Your Placement in advance of Your Start Date.
(c) if the Venue accepts You, which is at the sole discretion of the Venue, We will confirm Your Placement in writing. However, We do not guarantee You a Placement or that the Venue will be suitable for You. The Venue has sole authority to decide whether You are suitable to commence and continue the Placement at any time. You have sole responsibility to decide whether or not the recommended Venue is suitable for Your Placement prior to commencing the Placement;
(d) at Your written request, at no extra cost to You, We will provide You with:
(i) guidance on the required visa, entry clearance, immigration procedures and travel conditions in Your destination country. Please note We cannot complete forms on Your behalf
(ii) pre-paid mobile phone SIM card for Your destination country; and(iii) arrival pack with various promotion products and helpful information as advertised from time to time on our website;
(e) at Your written request providing full details, We will use reasonable endeavours to assist You to resolve a problem during Your Placement, provided first You have used Your best efforts to resolve the problem locally with the Venue.
(f) if, 90 days after the intended Placement Start Date, it remains impossible for Us to provide the Services or for You to attend the Placement due to government restrictions imposed because of a pandemic or government imposed travel restrictions then we will Refund You up to 50% of the Agreed Fees. You agree that the 50% deduction represents our reasonable work and administrative costs relating to the Services, Placement and Refund.
4. Breach of Agreement
4.1 You agree that a breach of this Agreement by You will include (but is not limited to):
(a) failure to comply with any term or condition of this Agreement, any term of the Venue Contract or any code of conduct, rules and regulations of the Venue;
(b) leaving the Venue earlier than the departure date agreed with Us or the Venue (unless we provide You with a written release authorising You to leave);
(c) any conduct by You which the Venue or We deem to be inappropriate in the circumstances;
(d) breach of any Australian, British, or local law of a country in which the Venue is located;
(e) failure to disclose all relevant information, or disclosure of incorrect information, to Us or the Venue;
(f) engaging in socially disruptive activities which may be unlawful or likely to bring the Venue or Us into disrepute and failure to adhere to the usual rules and conventions of good practice when using social media or email platforms; or
(g) privately seeking or arranging Your own Placement with one of Our affiliate hospitality venues at any time after entering into this Agreement.
4.2 If You are in breach of this Agreement, We will be entitled to terminate this Agreement by immediate notice in writing to You and the effect of termination of the Agreement will be as follows:
(a) Your acceptance for Placement will be revoked and if You have taken up Your Placement, You may be required to return to Your country of residence and You will be responsible for all costs and expenses incurred as a result of termination including all travel costs;
(b) Upon demand, You must pay Us for any loss or damage incurred due to the termination of the Agreement for your breach including, but not limited to, Our reasonable legal and administrative costs relating to the termination, costs relating to the Venue, Our travel to the Venue and Our reputational loss or loss of opportunity to place further candidates at the Venue; and
(c) neither We nor the Venue will have any further obligation to You and the provisions of clause 6 will apply.
5. Liability and Indemnity
5.1 You accept full liability for any claim, loss, damage or liability of any nature incurred by You arising out of this Agreement, Your Placement, travel, attendance at and engagement with the Venue, conduct, health, accident or any other matter whatsoever.
5.2 You agree that any insurance cover You take out under this Agreement is a contract of insurance with a registered insurer to which all claims must be directed and that neither We, nor Our agents, nor Letz Travel Pty Ltd, are insurers.
5.3 You agree to release Us and Our Associates from all claims, losses, damages and all other liabilities of any nature arising out of this Agreement, the Placement, the Venue Contract, termination of this Agreement, Your inability to take up the Placement, any postponement or cancellation of the Placement or withdrawal of the Venue’s offer, legislative changes or other matters beyond Our control unless the liability arises directly from Our or Our Associates’ wilful default or negligence. Under no circumstances will We or Our Associates be liable to You for any unanticipated, consequential or indirect loss.
5.4 You agree to indemnify Us and Our Associates from and against all claims, losses, damages or other liability which We may incur arising out of any of the matters set out in clause 4 or for any other act, omission or conduct for which You are responsible.
5.5 Nothing in this clause 5 or in this Agreement generally is intended to displace or limit any mandatory statutory warranties or guarantees which cannot legally be displaced or limited. Our total liability will be limited to a refund of Our Agreed Fees or resupply of the Services, at Our option.
6. Parent or Guardian Bound by Agreement
6.1 Where this Agreement is signed by Your parent or guardian on Your behalf (if You are under 18 years of age), the parent or guardian agrees to be bound by the terms of this Agreement including Your warranties as though named as a party and will be responsible for payment of the sum in clause 4.2(b) if You breach Your obligations.
7. Privacy
7.1 You must complete and sign the Authority contained in Annexure 1 to authorise Us to make necessary enquiries about Your suitability for Placement and We will comply with the Privacy Act 1988 (as amended) in handling Your personal information.
7.2 You agree that We may collect, use and disclose Your personal information in accordance with Our Privacy Policy available at https://ukpubco.com/privacy-policy/ and may disclose Your personal information to Our Associates, employees, related bodies corporate, third party suppliers and service providers in connection with providing Our products and services to You, professional advisers, dealers and agents, payment systems operators (eg merchants receiving card payments), Our existing or potential agents, business partners, anyone to whom Our assets or businesses (or any part of them) are transferred, and/or other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
7.3 You acknowledge that We may use Your name, likeness, photograph or other image for marketing, advertising and promotional purposes without compensation unless prohibited by law.
8. Acknowledgements
8.1 You hereby acknowledge that:
(a) You are able to support Yourself financially for the duration of the Placement;
(b) You have investigated and satisfied Yourself about all of the likely expenses You will incur;
(c) No guarantee has been made to you that a Placement can be obtained for You by Us. You are fully aware that the Venue makes the selection of staff from Us.
(d) You understand that We reserve the right to continue working on your placement for 10 days past the agreed upon Start Date.
(e) You are solely responsible for obtaining a relevant United Kingdom working permit/visa and, while we may provide you with guidance, all decisions on matters of immigration are made by the United Kingdom Border Agency directly.
(f) You are to perform your own due diligence regarding any proposed placement prior to entering into any employment agreement with a Venue and that we are in no way responsible for subjectable issues, such as the employment conditions, accommodation or remuneration provided to you by any Venue.
(g) You understand that a Venue is required to maintain safety, hygiene and occupational work standards in accordance with the laws of the United Kingdom. We are under no obligation under this Agreement or otherwise to intervene in any dispute which arises in relation to any of these matters.
(h) You are not entitled under this agreement to receive services for a second placement should you find your Placement unsuitable upon your arrival and that any services provided by Us in regard to any second placement prior to the completion of your Minimum Placement Period are provided at our sole discretion.
(i) It is your responsibility to meet the standards required by the Venue and that if, as a result of failing to meet a reasonable level of service standards, Your Placement offer is revoked or Your Placement is terminated, We will not be liable to find You a new position.
(j) Locations are subject to availability and although a preference of location can be noted, it is not and cannot be guaranteed by Us.
(k) Should You refuse an offer for a Placement, We will continue to attempt to find You a suitable Placement until the Start Date but We are not liable to provide you with any Refunds if We cannot or do not provide you with a second Placement Offer.
(l) Any last minute Participants must be aware that We require a minimum of 30 days’ notice to secure a Placement. We acknowledge that We can usually source this much quicker than this.
9. General
9.1 The parties acknowledge that there is no relationship of employer/employee or partnership between them.
9.2 You acknowledge and agree that the Fee is payable for a singular accepted Placement and that We have not obligation to offer ongoing or further Placement opportunities should you find Your Placement unsuitable for any reason or if You are dismissed.
9.3 In the event that You privately seek your own Placement or further Placement with one of our affiliate venues or employers anytime after entering into this agreement you agree and acknowledge that you will be liable to us for a further Fee in the sum set out in Item 5 of the Schedule.
9.4 This Agreement is personal to You and cannot be assigned to any other person. We may assign any of Our rights or obligations under this Agreement without Your consent, written or otherwise.
9.5 This Agreement is the entire agreement between the parties and supersedes all communications, negotiations, arrangements and agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement.
9.6 This Agreement may be executed electronically and in any number of counterparts.
9.7 No variation of this Agreement shall affect the terms unless the variation is in writing and executed by both parties.
9.8 This Agreement is governed by the laws of Queensland, Australia. Each party irrevocably and unconditionally submits to the non‑exclusive jurisdiction of courts exercising jurisdiction there.
9.9 In this Agreement, reference to an Associate of Us includes persons so defined under the Corporations Act 2001 and Our officeholders, shareholders, agents, suppliers, providers, partners and trust beneficiaries unless the context requires otherwise.
9.10 You agree not to denigrate or disparage Us, the Venue, UK Pub Co or any affiliate of the Letz Group through social media or review platforms and will immediately remove any such post, comment or review upon our request.
Schedule
