Welcome to Cerulean Studio. Cerulean Studio (ABN 70274590479) is a registered business in Australia which provides art tuition, workshops, art travel experiences and exhibitions. We want our Events to run safely and smoothly and to be an enjoyable and fulfilling experience for participants. Please read these Terms and Conditions carefully because they concern important information about your legal rights, remedies and obligations.

1. Definitions

   • An “Event” comprises all inclusions listed in the advertised service or package, such as art tuition, art materials, transport transfers, catering and/or accommodation.

   • Event participants are referred to as “participant/s”, “you” or “your”.

   • “Cerulean Studio”, “our” and “we” refers to Cerulean Studio and its partners and employees (e.g. art teachers and tutors).

   • “Contracted services” include accommodation, catering, transportation or other services or facilities that have been booked, hired or used in conjunction with the Event arranged.

2. Booking your Event

   • By completing an online booking form and making payment as outlined in the invoice that is sent to you via email, you are agreeing to these Terms and Conditions without modification, and entering into a binding contract with us that governs our Event and your use of the contracted services. If you have included other parties in the booking, you accept these terms on behalf of all members of your party.

   • All communications by Cerulean Studio in relation to your participation in the event will be sent to the email address stated on the booking form.

   • The contract is concluded with the acceptance by Cerulean Studio and confirmed by written confirmation/receipt to the email address stated on the booking form.

   • The number of participants in our events is limited. This also applies to accommodation (e.g. room types). Registrations are considered in the order of their arrival.

   • The contracted services (e.g. accommodation) advertised may be exchanged for accommodation of a similar standard. You will be notified of this fact as soon as possible in these circumstances.

3. Pricing and payment

   • All payments are subject to the current price in the local currency (e.g. in France, prices are in Euros). At the time of advertising, an estimated equivalent Australian dollar amount is included but is subject to change with exchange rates. If paying in a currency other than Euros, you will be invoiced according to the exchange rate of that currency against the Euro at the time of invoicing.

   • Event bookings are confirmed on receipt of a 30% deposit and the final payment must be made within 6 weeks of the Event commencement.

   • If you book within 6 weeks of the Event commencement date, payment must be made in full at the time of booking.

   • If you do not make the payments in accordance with the agreed payment terms, Cerulean Studio is entitled, after a reminder with a deadline, to withdraw from the contract and to retain the deposit.

   • You may request a payment plan, which must be negotiated at the time of booking and complete within 6 weeks of Event commencement.

   • The nature and scope of the Event are based on the service descriptions that you will find in the Event web page, details in the booking confirmation / invoice and the documents provided by Cerulean Studio.

4. Cancellation and Changes by Cerulean Studio

   • Within a period of six weeks before the start of a course, Cerulean Studio may withdraw from the contract for failure to reach the minimum number of participants advertised in the course documents. Cerulean Studio will always inform you of non-execution of the course immediately and will send you a declaration of withdrawal. The paid price will be returned immediately, or you may request to take part in an at least equivalent other trip if Cerulean Studio is able to offer such a trip at no additional cost.

   • Cerulean Studio is not responsible for compensating any applicable cancellation fees that you may have to pay for services you have booked yourself outside the Event.

   • Occasionally it may be necessary to make changes to your Event and Cerulean Studio expressly reserves the right to declare a change in the details for objectively justified, substantial and unforeseeable reasons. You will be notified of any changes at the earliest possible opportunity.

   • No compensation will be payable for minor changes. Minor changes include minimal changes to departure and arrival times, itinerary changes that do not change the value of the Event, and accommodation changes to a comparable standard.

   • No compensation will be payable for a change of course instructor for the Event.

   • Compensation will not be paid for changes or cancellations caused by Acts of God (Force Majeure), war, threat of war, riot, civil strike, industrial dispute, terrorist activity, natural or man-made disaster, fire, technical problems to transport, closure or congestion of airports, strikes or other industrial action, adverse weather conditions or any other event beyond the Company’s control. It is essential that you take out adequate and appropriate travel insurance.

   • Cerulean Studio has the right to refuse any person as a member of the Event if their behaviour disturbs or jeopardises the course of the Event and cannot be remedied (e.g. after a warning has been given). In the event of this termination, Cerulean Studio’s sole liability and the client’s sole remedy will be limited to a refund of any monies paid, less the amount for services already utilised or non-refundable (e.g. accommodation) plus administrative fees.

5. Cancellation and Changes by You

   • You may withdraw from the Event at any time providing you notify us in writing to our business email or postal address.

     If the withdrawal takes place no later than 90 calendar days before the Event commencement, a withdrawal is free of charge, except for a processing fee of A $50. Following is the cancellation fee per person for 89 days or less before the Event commencement:

     • 89-60 days 20% of Deposit

     • 59-30 days 50% of Deposit

     • 29-15 days 100% of Deposit

     • 14-8 days 80% of Event Cost

     • 7-0 days/no-show 100% of Event Cost

6. Limitation of liability

   • Cerulean Studio is not liable for mediated third party services (accommodation, catering, excursions, rental cars, etc.) that we have expressly designated as such. This also applies if the travel course management participates in such a service.

   • Cerulean Studio is not responsible if you or any member of your party suffer death, illness or injury as a result of any failure to perform or improper performance of any part of our contract with you where such failure is attributable to (i) the acts and/or omissions of any member of the party, or (ii) those of a third party not connected with the provision of your holiday, or (iii) an event which neither Cerulean Studio nor the service provider could have foreseen or prevented even with due care.

   • Should any member of your party suffer illness, injury or death through misadventure arising out of an activity, which does not form part of the Event, Cerulean Studio cannot accept liability. We will offer general assistance where appropriate.

7. Your Responsibilities

   • You are responsible for arranging your own travel insurance and ensuring that your insurance cover applies to the specific activities you are booking and which are confirmed on the Booking Confirmation Invoice.

   • Each member of your party must have a valid passport, visas and all necessary documentation for the Event host country. We accept no responsibility for any delay or expense should your documents not be in order.

   • You are responsible for presenting yourself to take up all pre-booked components of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents, nor for missed flights, trains or delays.

   • It is your responsibility to disclose any pre-existing medical conditions or disabilities that you or members of your party may have that could affect your or their participation in the Event or parts of the itinerary. Check Event information for mobility restrictions (e.g. stairs) that could impede your or their participation.

   • Our Events are non-smoking. No smoking is allowed inside the accommodation or wherever the Event activities take place.

8. Disclaimer

   • Cerulean Studio has made all reasonable efforts to check the accuracy of the information contained in our website. We cannot however accept any responsibility for any errors or omissions that may appear in this site.

9. Assumption of Risks

   • You must assume risks that are inherent in attending Events. Some events may carry inherent risk and by participating in those Events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those events.

10. Complaints

    • You agree that if you have a question or concern about our Event/s, you will contact us first, prior to initiating any legal proceeding. Cerulean Studio will not hold ourselves responsible for the non-performance of an itinerary through causes beyond our control or when we are not notified of a problem at the point where remedial action can be taken. In the unlikely event that a complaint cannot be resolved at the time, you should write to us within 28 days of the Event completion, giving your original booking reference number and all other relevant information. If you fail to take any of these steps, you will hinder and limit our ability to remediate, resolve and/or investigate the problem fully and any right you have to receive compensation will be reduced or invalidated.

    • Any dispute that may arise will be governed by Australian law and if you feel the problem has not been resolved you may seek advice and support from Australian entities such as the office of the Small Business Commissioner SA or the Australian Competition and Consumer Commission.

    • All information given by Cerulean Studio whether in writing or orally is to the best of our knowledge and believed correct at the time given and is given in good faith. The booking conditions shall take precedence over any other warranty or condition that may have been given.

11. Privacy

    • Cerulean Studio will only collect information from you for a lawful purpose in order to fulfill our contract to you and to facilitate your dealings with us.

    • Personal information that we collect for Events such as preferences, medical conditions or dietary requirements will be kept confidential. Information will only be passed to third parties such as Event suppliers if it is necessary for them to know this information (e.g. allergies or dietary requirements for caterers).

    • Contact details collected for Events or newsletter subscriptions (e.g. your name, email address, telephone number, postal address) will not be shared with third parties and will be deleted securely upon request.

    • We collect your data via our online forms and protect the personal information in a secure database stored by a third-party data storage provider (Google Docs Spreadsheets).

    • Infomation that we use that is collected by third party booking services such as Eventbrite is only used for the purpose intended by those services – please refer to their Terms and Conditions for their collection, storage and use of your information.

Last updated 2 February 2024