Deposit Amount Due: $400 to confirm your place (min. $75 non refundable. See full terms)
or read below
These terms govern the bookings made for ‘The Holiday’ with Encounter Travel (“Encounter”, “we” , “our”, “us” and “the agent”).
In submitting a booking (whether online, by phone, email, post or via a travel agent) you agree to be bound by the booking terms and conditions and these terms and conditions constitute the agreement between encounter and you. You accept these booking terms on behalf of all participants of your party.
Website: refers to www.encountertravel.com.au
The Holiday: refers to any arrangements that you have booked with us
Code of Conduct: means the Code of Conduct by participants on The Holiday
Customer/Client: any persons that has enquired or booked The Holiday.
Final Monies Due Date: the date by which all outstanding monies for the holiday must be paid in full.
Participants/Passengers/Guests/Travellers: persons who have booked and paid in full for The Holiday.
Booking Terms and Conditions: means the terms and conditions for The Holiday.
Please read carefully the Booking Terms and Conditions and raise any queries before payment of any monies.
Cancellation charges vary from Holiday to Holiday and are provided separately for each holiday, at time a quote is issued.
When cancellation advice has been received the next working day is considered the effective date of the cancellation. Public Holidays apply as per New South Wales, Australia Public Holidays. A cancellation must be made in writing to Encounter Travel. Cancellation penalties are on a per person basis. Once we receive your notice, cancellation will take effect subject to the below Cancellation Charges. When the airfare has already been ticketed, the penalties imposed by the airline and our airfare cancellation charges also apply, and these may be as high as 100% non-refundable.
In the event of your withdrawal from The Holiday after commencement for reasons of illness, you must obtain a medical certificate in support of any insurance claim. We make no representation or guarantees concerning reimbursements of funds paid by you under any insurance claim. The tour price is quoted as a package. No partial refunds or credit will be given for services not used and including but not limited to missed meals or sightseeing. Any amount forfeited, which has not then been paid to Encounter by you may be recovered from you by encounter as a debt due and payable.
Refer to our ‘Transfers’ terms for details about the option to transfer instead of cancelling a booking. In addition to the terms above, the transferred funds are non-refundable if you have transferred your booking to this holiday from a previous trip under our ‘transfer’ option.
No contract between you and encounter shall come into existence until you are issued a booking confirmation by email, fax or post and a non-refundable deposit has been paid for The Holiday. Any quote issued is subject to change until a booking confirmation is issued. Quotes are subject to amendment should any quote be issued with an error and not reflect the advertised price on our website. Should you wish not to accept a quote amendment after a deposit payment due to a price being under quoted, you have the right to cancel your booking with no cancellation charge.
All bookings are personal to you and may not be sold, assigned or otherwise transferred.
The payment of a deposit will reserve your booking (subject to availability) only until the final monies due date at which time all outstanding monies for your booking must be paid in full to reserve your place. If any payment due is not received by encounter within 7 days of becoming due, you will be deemed to have cancelled your booking and the cancellation policy under the clause ‘cancellation charges’ will apply.
The Booking Close Date is not a confirmation of availability and you must wait to receive confirmation of availability from us. It is at our discretion to accept bookings after the booking close date.
In addition to any holiday booking terms and conditions from us, where a third party including but not limited to a tour operator is engaged to provide The Holiday or The Holiday in part, bookings may also be subject to the third party’s booking terms and conditions. You may also be required to complete additional forms as required by the operator. In this instance, our cancellation penalties supersede those of the operator.
Personal travel insurance is not included in the price of The Holiday.
Travel insurance is a compulsory pre-requisite to join any of our holidays, unless the trip value is below $1000 per person. A copy of your insurance policy must be sent by email or post, a minimum of 42 days prior to departure of the holiday, or within 48 hour after booking, if less than 42 days prior to the date of departure.
For any participant that elects to partake in any activity deemed as risky, such as but not limited to; scuba diving, snow skiing, jet-boating, driving or riding as a passenger on motorbikes or mopeds, hiking, water sports and other such activities not deemed as regular daily activity, we urge you to carefully check your policy to determine if you are covered for these activities or not, in the event of a mishap or accident. If you book a holiday where the main activity of the holiday is deemed as a risky activity you must be able to show evidence to us that your policy covers you for this activity. An example of this, but not limited to, would be if you booked a snow skiing or snowboarding holiday package with us.
About Travel Insurance for Australian Residents Travelling within Australia
Some travel insurance policies, including some credit card policies do not provide cover for medical evacuation for travel within Australia. If you are partaking in Holidays in remote destinations or partaking in a walking or adventure holiday in Australia, you must show evidence to us that you have cover for medical evacuation. Cover for medical evacuation may be provided by a private health insurer or otherwise you must purchase cover with an insurer that provides cover for medical evacuation relating to travel within Australia.
About Credit Card Insurance Policies
If you wish to travel using your credit card travel insurance policy the following information is required and without this information we do not accept your credit card policy.
We require the name of your bank that your credit card is issued under, the name of the insurance company that provides the policy, the emergency assistance telephone number to call in the event of an emergency, a copy of the insurer’s product disclosure statement, and a policy number.
We also require that you state what the minimum requirements are for cover eligibility with your credit card; this can be but not limited to a minimum spend on your credit card towards your travel arrangements for this Holiday, and you must provide evidence that you have meet the minimum requirements.
Failure to meet all above requirements for cover with a credit card will require that you take cover with an alternative travel insurance policy.
Prices are quoted at today’s rate and are subject to any changes in tour costs, airfares, tariffs and conditions imposed by airlines, wholesalers or other service providers. All costs are subject to currency fluctuations and/or price increases until paid in full. Furthermore, a fuel surcharge may be imposed by the tour operator on the cost of the tour as a result of significant increases in world fuel prices. As such, we have the right to pass on this surcharge to you at any time before departure whether your monies are paid in full or not.
If applicable, any reduced price for a single supplement that is usually referred to as a ‘reduced single supplement’ will only be available until the final monies due date and any saving after this date is at our discretion.
All our published and advertised prices where an airfare is included are indicative and may be subject to surcharges dependent on fare class availability at the time of making a reservation. At the time of quoting and/or reserving an airfare for you, we will advise if any surcharge applies.
In addition to any holiday booking terms and conditions from us, any airfares provided by us will also be subject to airline booking terms and conditions. Airport and Security Taxes for an airfare can vary from the time they are first quoted. They are confirmed at the time that final monies for the airfare are due. There may also be additional taxes at some international and/or domestic airports upon departure which must be paid by you at the point of departure.
Requests for changes to dates of travel for any air ticket provided by us must be made before departure and no less than seven days before your date of travel. No changes will be made by us once you have departed and any such changes should be made directly with the airline.
Details of payment methods will be provided with a booking quote. Below are some payment charges that apply:
We can transact payments on Visa, Mastercard or American Express. The use of your credit card or debit card using these merchant services incurs transaction fees. These fees are advised on your quote.
Direct deposits using electronic funds transfers or payment over the counter at our bank do not incur transaction fees, unless it’s a cash payment over the counter to our bank account in excess of $5000 which incurs a bank fee of 0.25% of the total amount deposited imposed by the bank. This charge will be added to The Holiday price.
Payment from an overseas bank account (outside of Australia) into our bank account incurs bank transaction fees and you must pay this transaction fee and where the costs are charged to us, we add this charge to your account.
Using Credit and Debit Cards for Third Party Providers
Instant Purchase Payment Terms
Bookings deemed ‘Instant Purchase’ require payment on the same day at least 90 minutes before the close of business, and for some purchases it may be sooner.
Payment by Electronic Fund Transfer cannot be guaranteed to be received on the same day that the funds are transferred. Therefore all Instant Purchase bookings require payment by a credit or debit card, transacted over the phone with us during business hours, or in some circumstances, an online payment link may be available for the purchase.
Should you wish to direct deposit by electronic funds transfer and chance that the funds will reflect in our account on the same day, it may also require that you send us a payment receipt from your bank account. Also if the funds don’t clear, and you still wish to proceed with the Instant Purchase, a credit or debit card would be required. Then, the amount paid by electronic funds transfer would be retained towards your travel account due, or otherwise may be refunded with an administration charge of $25 per transaction.
LATE PAYMENT: $50 late payment fee is applicable for any payment received after its due
LATE BOOKING: $75 late booking fee may apply for reservations made after the final payment date as detailed by our booking terms and conditions.
AMENDMENTS: $50 amendment fee per person per change made once reservations have been confirmed (plus any additional charges incurred by airlines, wholesalers and other service providers).
ADDITIONAL PAYMENT FEES: for additional payments towards The Holiday, that exceed a deposit payment, final monies payment, any stipulated progress payments, payment towards an airfare or additional services, these payments incur a $15 administration fee.
CANCELLATIONS - AIRFARES: $125 cancellation fee per person for any cancellation of an airline ticket once reservations have been confirmed and full payment received plus any additional charges incurred by airlines, wholesalers and other service providers.
AD HOC SERVICES CANCELLATION: $35 cancellation fee per person, per service for any cancellation of ad hoc services. This includes but is not limited to; additional hotel nights including stopover hotels; sightseeing activities and/or tours, transfer services, or any other travel booking request aside from THE HOLIDAY arrangements. Once a booking has been requested, whether paid, in full or in part or not at all, plus any additional charges incurred by the third party service provider are also imposed.
SPECIAL PURCHASE POLICIES: some third parties, such as tour or cruise operators offer special purchase policies (such as ‘Safety Net’ or ‘Gold Seal’ or ‘Deposit Cancellation’ or similar) which when purchased permit a cancellation of your booking without penalty and a full refund, or funds held in credit for future bookings. In this instance, we retain $150 cancellation fee for any cancellation.
If you wish to transfer from one holiday to another, you must send this request in writing to encounter. On receipt of your transfer request we will inform you of any available options and any transfer fees that apply. We make no guarantee that a transfer is available. Any transfer request may only be made to another tour to commence within 12 months of your original departure date and the minimum following transfer charges will apply:
Any transfer from one tour to another is subject to availability and the agreement in writing from us. The option to transfer from one holiday to another, is only available once, per booking deposit. Once a transfer has been confirmed from one holiday to another, no further subsequent transfer or change to another holiday is available. Please note, the transfer of your place on The Holiday to another person is not permitted.
You agree to the best of your knowledge to accurately provide your personal information including your full name, gender, date of birth, residential address and contact telephone number. Roommate matching is only offered to persons of the same gender and failure to advise your gender correctly may result in a booking cancellation and penalties as per the clause ‘cancellation penalties’.
encounter reserves the right to cancel any holiday prior to departure in the event that there are too few people booked on a tour and in which case you will be given a full refund of the tour price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, travel insurance, passport , medical or vaccination charges, gear purchases, airport and airline taxes). Please check the cancellation policy of travel insurance policies and airfares before purchase. In the case of The Holiday cancellation, you will be notified within seven business days after the final monies due date.
We may advise our expected minimum group size, but this is a guide only.
Solo Traveller Saving
Our Solo Traveller Saving (STS) is only available on tours that we deem part of our ‘Solos Mix’ tour product, and this is confirmed with a quote. To be eligible for the saving you must book the tour with your own room, and the airfare that meets the tour with us. The offer is not available for bookings on a twin share basis (that is, sharing with a friend, or matched with a roommate).
Early Bird Offers
From time to time we offer early bird savings that represent a discount on the standard package price. To be eligible, special payment terms and conditions may apply, and these will be advised with your quote. If the terms are not met the offer no longer applies, and your booking reverts to the standard price.
Return Traveller Reward
Once you have booked and departed with us on an international tour, you qualify for our Return Traveller Reward on your next international tour booking (that is, tours that outside of Australia). The offer does not apply to any cruises, resort packages, or tours within Australia.
After the final monies due date for The Holiday, it is deemed a Late or Last Minute booking, and it may mean that we cannot instantly advise availability. We advise your options at the time of your enquiry and this may include a payment as much as 100% of The Holiday monies in order for us to request a place on The Holiday for you. For all Late or Last Minute Bookings, once you have paid any monies in part or full to request a place the amount is fully non-refundable at any time unless we advise that we cannot fulfil your booking, even in the event your doctor deems that you do not meet the fitness requirements of The Holiday. If subsequently we cannot confirm a place on The Holiday we will refund your monies in full.
As a standard, Encounter Travel limit special dietary requests to Vegetarian, Gluten Free, Lactose Intolerant and Diabetic. Additional intolerances to those fore-mentioned, are the responsibility of the traveller. For any additional special diet requests you must seek our advice and consultation.
The Holiday is available for bookings by persons within the ages defined by The Holiday name. We have the right to make exceptions to this booking term. At times, this is a suggested age range and persons outside this age range may also join the holiday. This varies from holiday to holiday. As deemed necessary we have the right to vary the age group of the holiday.
You agree to provide a copy of photo identification to confirm your age, if requested by us. We have the right to cancel your booking if a legible copy of your photo identification (if requested) is not provided by the final monies due date and the standard cancellation terms apply.
For holidays that are general in nature, that is, not requiring above average level of fitness, persons of 70 years or over are required to have a doctor complete a Fit to Travel form that states they are suitable for joining the holiday. For holidays that require above average physical fitness and/or otherwise deemed as activity based holidays, persons of 65 years or more are required to have a doctor complete a Fit to Travel form.
When you book a holiday with a request for a twin share room with a roommate you must understand that you are requesting to be matched to share a room with a stranger of the same gender for the duration of The Holiday. If you snore, you are not suitable to share a room with a stranger. Please do not ask to share a room on The Holiday if you snore.
If you are matched to share a room, no responsibility is taken by us for the outcome in regard to the personality or characteristics of your match or the compatibility between the persons sharing the room. Although we state that travellers who snore are not suitable to be matched to share a room we cannot guarantee that your roommate will not snore. You agree that we are not liable in anyway whatsoever and you will make no claim against us for compensation should our roommate snore or have other characteristics that are not to your liking.
In some cases it may not be suitable that we offer you a roommate match and we have the right of refusal. Roommate match bookings are not guaranteed and are subject to availability.
Once a roommate is finalised your first name and email address provided on your booking form may be provided to your roommate match prior to departure for the purpose of your introduction to your roommate match. If you do not have an email address, with your permission we will provide your alternative contact details such as a mobile phone number.
Any request to change your booking from a roommate match to a single room booking would be at our discretion, and
subject to availability. If this change is confirmed additional room costs may apply and these would be advised at the time of reply to your request. Once you have departed on The Holiday changes to your room type and roommate match are not possible.
When you book a holiday with a friend/s to share a room, each person must pay the nominated deposit amount before the booking is confirmed for the room and/or cabin that is a part of your holiday package. Prices are quoted on a per person basis. Should any portion of the total booking value for all persons sharing a room and/or cabin not be paid in full, all persons booked to share the room are liable for the outstanding monies due for the holiday package.
The booking for a twin or triple share room with a friend/s is only cancelled when all people in the party cancel their booking. A triple share room is not guaranteed and subject to availability at the time of booking and as advised by the tour operator.
The booking information and personal details provided for a twin or triple share room booking with a friend or friends may be provided to all persons booked to share the room.
Our aim is to always liaise in a courteous and respectful manner, when we are liaising with you about your holiday. We’d hope that all our participants will show us the same courtesy when liaising with us. In addition to mutual respect and courtesy between us, it’s also very important you understand these obligations below.
A good level of fitness and health is required for all our land based holidays, and for cruising, at least a reasonable level of fitness and health, at time of booking and travelling. For land based holidays, there are long periods of standing and/or walking that include inclines, hills and stairs, and there may also be boat, train travel, and/or excursions by aerial cable cars.
We grade the pace of the tour to assist with assessing if your fitness level meets the requirements of the tour. This information is available on the website and our Booking Form that you are required to complete at the time of booking. For any clarification we expect that you will check with us before you choose to join The Holiday.
All participants must disclose any pre-existing medical condition including but not limited to; high blood pressure, diabetes, epilepsy, asthma, heart conditions, a mental illness or physical impairment. You acknowledge that the obligation to disclose under this condition continues from the time of booking the holiday through to departure and extends for the duration of the tour.
For holidays that are general in nature, which is, not requiring above average level of fitness, persons of 70 years or over are required to have a doctor complete a Fit to Travel form that states they are suitable for joining the holiday.
For holidays that require above average physical fitness and/or otherwise deemed as activity based holidays, persons of 65 years or more are required to have a doctor complete a Fit to Travel form.
The Fit to Travel form, is a medical questionnaire that requires a doctor’s clearance that you are fit to travel based on the criteria detailed on the ‘Fit to Travel’ form. If required, this must be completed and submitted to us prior to the final monies due date. If you are unsure if you will meet the fitness level required for The Holiday we encourage you to take the Fit To Travel form to your doctor prior to booking as cancellation terms are imposed once you place a deposit.
Passengers with disabilities or special needs
Passengers with disabilities are welcomed along with the following applicable terms:
Any disability or medical condition/s that require special assistance must be advised to us at the time of booking as it’s critical we understand your needs so that we can best assess if you have selected a holiday that is suitable for you and meets your needs.
If you require special assistance, which may include but not limited to; routine daily functions such as feeding and dressing, assistance with walking or assistance with a wheelchair you must be accompanied by a person capable of providing the assistance you require, and your travel companion providing assistance must pay the published price for The Holiday. We are not able to provide any personal assistance, and you must also be able to safely participate in The Holiday and without unreasonably impacting the enjoyment and safety of other passengers.
On most occasions, coaches and other land transport we use do not have wheelchair ramps. Ocean cruisers we use mostly would have elevators, but smaller ships including river cruise ships may not have elevators. Smaller water vessels are not likely to have wheelchair ramps and it may means that some parts of The Holiday cannot be undertaken.
We or any third party supplier reserve the right to refuse to carry anyone where it is believed the person cannot cope with the requirements of The Holiday and who may require services and facilities that we or a third party operator cannot guarantee will be available. Passengers agree that they will not hold us or any third party liable for any decision to refuse to carry them or to provide any facilities, accommodation or services to them required to meet your special needs.
In addition, operators that we work with or other tour companies, may also have pre requisites for passengers joining the tour and these will also form part of your booking terms and would be advised around the time that you confirm your place on the tour. Also, where the holiday is an adventure or active tour such as hiking, walking or biking or includes significant sightseeing tours by foot, additional information may also be required by the tour operator and may even be deemed a prerequisite for joining, regardless of age.
Pre Existing Medical Condition
Also, for any passenger that has pre-existing medical condition/s we require a doctor’s clearance that you are fit to travel based on the criteria detailed on the ‘Fit to Travel’ form and confirmation by your medical practitioner that any pre-existing condition will not impact your ability to satisfactorily participate in the holiday.
You are obliged to ensure that your passport is valid with at least six months validity after your home return date.
You understand that we, the tour operator or any third party reserve the right to withdraw your participation from anyone whose behaviour is deemed likely to affect the smooth operation of The Holiday, if you do not follow reasonable direction or instructions by The Holiday personnel, adversely affect the enjoyment or safety of other passengers or are involved in illegal activities. You agree that we, the tour operator or any third party shall be under no liability to any such person for refund, compensation, repatriation or any other matters arising.
Code of Conduct
The following is a code of conduct that must be observed by all participants:
Any behaviour contrary to the Code of Conduct may result in our refusal to accept you on future Holidays with us. In addition, it may result in your removal from The Holiday, and without refund whatsoever.
Responsible Service of Alcohol
Any of our personnel, and/or third parties responsible for delivering any part of your Holiday have the right to refuse the service of alcohol to any participant who is intoxicated.
We cannot offer medical advice or assistance before or during your HOLIDAY. Any medical advice or assistance is your sole responsibility.
We advocate that all participants seek legal advice before travelling about having a person that can legally act on their behalf in the event of a medical emergency, should a participant become incapacitated, or not able to act solely on their own in relation to medical care.
You accept you are solely responsible for your personal purchases, including any taxes or custom duties imposed in any country.
We advocate that your personal belongings should be kept to minimum, and in particular items of high value or sentimental value may be best left at home.
While travelling, or when your passport cannot be securely left at your place of stay, we advocate that you should keep your passport on your person, and never left unattended or away from your person.
We aim to inform you of the important travel information with your travel documentation. However, we require that you take responsibility for checking your documentation.
It is your responsibility to advise us of your name as it appears on your passport. If this information is not provided correctly change fees are likely to be imposed on you by the airline, cruise ship or other third party providers and we are not held responsble for these fees. In the worst case scenario, you may be refused the service if your name on your ticket does not match your name as it appears on your passport (note; if ticket is issued in only your first name and surname this is deemed satisfactory).
Also may be referred to as the following but not limited to; tour leader, tour director, travel director, tour escort, tour guide, holiday escort, safari guide, group coordinator, holiday host and is the person at any time given the task of leading or supervising aspects of The Holiday. We reserve the right to change, at any time, the nominated group leader/s. Any such change will not give rise to any right on your part to cancel The Holiday or claim any expenses, loss or damage which may be suffered.
The service provided by the group leader will vary and are dependent on the nature of the trip. Group Coordinator
We use this term to describe the person that hosts our resort trips and leisure cruise groups. They do not act as a tour guide but rather, liaise with the third party service providers that are included as part of The Holiday for the group and co-ordinate group activities and inclusions as provided by the itinerary. They are not responsible for providing travel information about your destination. The services of the holiday group coordinator for our resort trips and leisure cruises, commence from the first group meeting and end the morning of the final day of departure at 10am.
On occasion, an employee of Encounter Travel may also join a Holiday, not in the capacity of a group leader. In this instance this employee does not act in the capacity of group leader and is not in charge of the group, and cannot necessarily provide group assistance or direction.
The Holiday itinerary details the inclusions. In respect to The Holiday exclusions these are:
The information contained on our website, in brochures or similar, to the best of our knowledge is correct at the date of publishing. Where deemed necessary, itineraries are subject to change without notice and are only provided as a guide. There can be many reasons why itineraries change including but not limited to; a third party provider changing their availability, unexpected weather conditions that impede the delivery of the planned itinerary, public holidays and local festivals in a destination.
We do our best to inform you of the essential information that you should know prior to travel. This information is usually disseminated with your documentation issued prior to travel. However, it’s not possible nor reasonable to expect, that we can inform you of every possibility that you potentially could experience during your holiday.
If an issue or problem arises during your tour we require that you raise this with your group leader in order to provide the opportunity to resolve the matter. Where the issue directly relates to the delivery of your service or product from a third party, such as your hotel, cruise ship, train or other transport provider in many instances it may be more practical to raise the issue directly with the third party provider. If you do not feel it’s been resolved by liaising directly with the third party provider, we suggest that you refer the matter to your group leader and where possible they will offer assistance. Of course, the examples of these situations can be vast and varied and for this reason each situation is assessed on its own merit.
In the event that you have a matter that requires our response after your holiday has concluded we require that you communicate this with us within 21 days of the completion of your holiday.
We endeavour to collect your feedback after your trip and seek to send you a request to complete an online survey after you have completed your holiday. We request your testimonial that we may use at some time on our website or other promotional material. We only include your first name, age and state of residence or country if living outside of Australia.
In the event that an airline's proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by encounter or its tour operators. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines' or other transport entity's liability to passengers in accordance with applicable international law and conventions. The liability of encounter, or any airline or other transport provider is limited so far as possible by the following conventions: Warsaw Convention 1929, as amended by the Hague Protocol and Montreal Protocol in relation to air travel; or Montreal Convention 1999; the Berne Convention for rail travel 1980; Athens Convention 1974 for carriage by sea; and the Geneva Convention for carriage by road 1978.
If Encounter Travel is prevented either directly or indirectly from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts of omissions of a third party or for any other cause whatsoever outside Encounter Travel reasonable control, we will be under no liability whatsoever to you and may, at our option, by written notice to you cancel the tour.
Your passport must be valid for a minimum of six months prior to the arrival home date to Australia. Each individual is responsible for ensuring that all necessary travel documents are current and valid. Each individual is responsible for correctly providing their name as it appears on their passport and failure to do so may result in ticket re-issue fees for any name changes due to omissions or errors.
In consideration of Encounter Travel accepting your application:
To the extent permitted by law, section 74 of the Trade Practices Act 1974 does not apply to this agreement
We reserve the right to refuse an application to book for any reason. Should a customer’s application be refused, any monies paid will be refunded to the applicant. Places are limited for The Holiday and are allocated on a first come first served basis.
The Customer agrees that Personal Data provided may be used and retained by encounter for the following purposes and for other purposes as shall be agreed between the Customer and encounter as required by law from time to time for: