Adventure Profesional’s Terms and Conditions
In this agreement, unless the context requires otherwise:
(a) The words ‘we’, ‘us’, ‘our’ and ‘Tour Operator’ refer to Adventure Professionals Pty Ltd ACN 103 380 712 and its directors, servants, agents and sub-contractors;
(b) The words ‘you’, ‘your’, ‘participant’ and ‘traveler’ refer to the person described in the Reservation Request as the traveler or participant. This person is the individual that actually attends a tour or for whom a position is booked on a Tour;
(c) The word ‘tour’ means any of the adventurous activities and treks conducted by us as described in this proposal document;
(d) ‘Company’ means the organization, group or individual that books the adventure tour for each participant;
(e) ‘Deposit’ means the payment made to secure the booking of the tour;
(f) ‘AP” means Adventure Professionals Pty Ltd ACN 103 380 712 its lawful assigns and representatives and includes its servants or agents;
(g) The word ‘injury’ includes ‘disease’ and ‘illnesses;
(h) ‘Force Majeure’ means any event beyond the control of the Tour Company, including, but without limitation, all natural disasters, earthquakes, hurricanes, floods or other “Acts of God”, war or threat of war, sabotage, terrorism, epidemics, theft, insurrection, riots and other civil disturbance, explosions, fire or accident, or other major upheaval, sickness, quarantine, government intervention or the failure of third parties, such as suppliers and subcontractors, to perform their obligations to the contracting party; and
(i) The word ‘child’ includes any person that is in your care and who is under 18 years of age.
HOW AND WHEN TO BOOK
To reserve your place on an AP tour you must complete the Reservation Booking Form and email or send it to us together with a non refundable deposit. Each person intending to travel on a tour must complete and sign the Reservation Booking Form.
Any person under the age of 18 years of age at the time of filling out and sending the Reservation Booking Form, that intends to travel with us, must have this form signed by a parent or guardian on his/her behalf.
We may, at our absolute discretion, refuse or cancel a booking from any individual, company organization or group and may refuse to allow any person to participate in, or remove any participant from any or all of our offered tours.
All prices and fares are quoted in Australian dollars and all payments are to be made in Australian dollars.
The prices quoted on AP website and brochures are for payment by cash, bank cheque, personal cheque or money order. Payment by credit card will be accepted with a sur charge. (the amount charge is dependent on the credit card used)
Unless otherwise stated, all prices are based on two persons sharing room and at least 2 persons sharing lodges or cabins (depending on the trip, this could be a tent also). On tours a limited number of single cabins or rooms may be available at an extra cost on a first in first served basis. We will assist in trying to match you with a roommate however this cannot be guaranteed and if there is not a suitable roommate of the same gender, and then the single room surcharge will be charged.
On receipt of the non refundable deposit, we will send you a booking confirmation. Bookings will be accepted on a first come first serve basis and payment of the required deposit in full to AP to secure your booking. If you do not pay your deposit at the time of filling out the Reservation Booking Form we will not confirm your booking on the relevant tour.
Once the tour has reached the required minimum group size, we will send you a comprehensive Fitness Preparation Guide and pre trek medical questionnaire and doctors consent form. You will begin to receive emails weekly containing a comprehensive itinerary, flight details, guest lists and other administrative details six weeks before departure.
The final balance of payment is due no later than 60 days prior to departure. Failure to pay by that date entitles us to cancel your booking and retain the deposit without notice.
If reservations are made and accepted by AP within 60 days of the departure date full payment is required when the reservation is accepted.
No person will be permitted to attend the tour including travel to or from the tour without total payment and required forms of the tour price being received by AP.
Firm bookings with suppliers are made at least 60 days prior to departure. While we may accept bookings after this date, we cannot guarantee that we will be able to offer the transport and accommodation as listed in the itinerary, or specific rooming requests. As our compulsory pre Trek Fitness Program is structured over 12 weeks, it is at the total discretion of AP to accept your booking and allow you a place on the tour if we have not received your deposit within 12 weeks of departure date.
CHANGES TO THE COSTS OF TOURS AND ITINERARY
AP will make every effort to avoid changes to the tour prices however sometimes increases are outside our control. Each tour cost is based on ground costs, exchange rates, airfares and tariffs applicable at the time of publication. The actual tour costs changes will depend, but are not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges and tariffs applicable at the time the overseas bookings are paid for by us and therefore costs may be subject to change. AP reserves the right to amend tour prices without notice at any time before and including the departure date. If it is necessary to levy a surcharge we reserve the right to do so and notification will be given at the time of final invoicing. All increases in the tour prices must be paid in full to us prior to the departure date.
All AP tours need a minimum number of participants to operate at the price projected in the itinerary. If the minimum number is not reached, then a tour may still operate with a surcharge. While we do all things we reasonably can to avoid it, we reserve the right, without penalty, to cancel the tour and this agreement at any time without assigning any reason for that cancellation.
If we cancel the tour that you have booked more than 60 days before the due departure date we will tentatively re-book you (subject to your confirmation) on our next available tour to the same destination, if we are offering one. In this event your deposit is fully refundable but otherwise we accept no liability whatsoever for any such cancellation and you will not be entitled to make any further claim from us for any loss of time or inconvenience, expense or damage of any kind you may incur as a result of the cancellation. This includes, but is not limited to, charges arising from visas, passport costs, medical charges or gear purchases.
If we cancel the tour due to a travel warning issued by the Australian Department of Foreign Affairs within 60 days of departure then our cancellation conditions apply and travel insurance may compensate you.
We reserve the right to change any reservation, hotel, feature or means of conveyance for any reason. We reserve the right to modify the itinerary at any time and in any way we consider necessary or desirable. We reserve the right to modify the route, postpone, change the departure or conclusion date of the tour or delay or change the duration of the tour due to, but not limited to, inclement weather, snow and ice conditions, and political restrictions, Force Majeure or any cause.
If the tour is not cancelled but we postpone, delay or change the duration or any tour you have no right to a refund of the whole or part of the tour price or any other compensation from us.
The tour prices are quoted as a package and in the event of any modification the traveler must pay any additional cost. No refunds will be made in respect of any airfares, accommodation, meals and tour services not used.
If you wish to cancel your tour, you must notify us immediately in writing. Cancellation is only effective when we receive your written cancellation notification.
The following cancellation charges will apply.
(a) If you cancel at least 60 days before departure you forfeit your full deposit and any other non refundable costs.
(b) If you cancel between and including 59 and 30 days before departure you forfeit the deposit and 50% of the tour price per person. This is payable to AP.
(c) If you cancel less than 30 days prior to departure or once the tour has commenced 100% of the tour price per person will be forfeited.
Any amount that you have forfeited which has not been received by AP from you or the company will be recovered from you by us as a debt due and payable.
It is a requirement of traveling with AP that all travelers take out comprehensive travel insurance that covers the full cost of medical evacuation and medical treatment in the event that you suffer illness or injury during the tour. This policy will be sourced by AP and details supplied to you prior to departure. It is essential that you read your insurance policy before you depart.
Baggage and personal effects are at all times the sole responsibility of the participant.
Our adventures are often physically challenging and in remote locations where there is little or no access to comprehensive medical or hospital facilities. It is your total responsibility that you must be certain you are capable of fully participating in the tour activities.
You must be in good mental health and have a good level of fitness for the tour you are participating in. You must have completed our 12 week Pre Trek Physical Training Program and in the absolute discretion of us or the Fitness Preparation Team be considered by us to be fit enough to participate in and complete the tour. In signing the Reservation Booking Form you certify that you do not have any mental, physical or other conditions or disability that would create a hazard for you or other participants.
We must have received a completed pre trek Medical Form and a signed form from your Medical Practitioner stating that you are in good health and fit enough to take part in and complete the tour. This is a compulsory prerequisite to participate in any of our tours. The medical questionnaire and signed doctor’s form must be completed, signed and returned to AP at least 60 days before your departure or before you start your Pre Trek Physical Training Program, whichever comes first.
You must disclose to us at the time of booking if you have any pre existing medical conditions that will put you at a higher risk on the tour. You must disclose if you suffer from or currently suffer from any severe bronchial, chest, heart, lung, muscular disorders; if you have high blood pressure, severe asthma or severe known allergies. It will be at the discretion of the AP tour director, to decide whether the trip is suitable for you in relation to your medical condition/s.
Medical and mental conditions can have a serious impact on the tour for all participants should they arise. If you have a medical condition that might impact on the tour, AP will request you to seek your doctor’s consent to participate on the tour. If your doctor does not agree, you may transfer your deposit to another tour departing within 12 months which your doctor thinks would be more suitable.
We will treat all medical details you provide as confidential. We are not obliged to take you on the trek or give any refunds if you have not completed, signed and returned to us a pre trek medical questionnaire, doctors consent form and vaccination certificates.
EXCLUSIONS FROM THE TOUR PRICE
Unless specified in the particulars of the tour, the following items are not included in the tour price:
Visa charges, passport charges, excess baggage, meals not listed in the itinerary, extra transport, accommodation or other expenses not included in the itinerary, single room surcharge, optional tours and excursions if not included in the itinerary as an inclusion, vaccinations, or items of a personal nature such as laundry, drinks including alcohol, personal clothing telephone calls, souvenirs, gifts and postage, or any other item or items not specifically noted as included in the tour itinerary
PASSPORT, VISA AND OTHER TRAVEL DOCUMENTS
A current passport is required for all international travel. Passport requirements are your responsibility. You must ensure that your passport is valid for a minimum of 6 months after the duration of your tour. Visa forms will be emailed to you by us. It is your responsibility to make sure that you have appropriate visas for your specific tour before departure. We are not liable for any loss or expense that you incur as a result of failure to comply with the above. We cannot and do not accept responsibility if you are refused entry into a country for any reason including because you have not attained the appropriate visa before you leave Australia.
LEAVING THE TOUR
(a) our Tour operator, a tour leader or Fitness Preparation Team believe, in their professional judgment that you should not participate in the tour for any reason, at any time, including before departure, even if you pass your medical, they may exclude you from the tour;
(b) Our tour leader, in their professional judgment, believes that your participation is not in the best interests of yourself or the other travelers you may be asked to leave the tour;
(c) You act in a way that endangers the safety, enjoyment or welfare of the group or yourself; or
(d) You commit an act that is illegal, you may be asked to leave the tour.
Under all of these circumstances you must follow the Tour Leaders instructions. AP are not liable for any loss or damage you incur as a consequence of being asked to leave the tour and you will not be entitled to any refund.
You may leave the tour at any time by giving notice to the tour leader. We are not liable for any loss or damage you incur as a consequence of leaving the tour.
Unless arranged beforehand and agreed to by us, if you leave a tour you will not be entitled to any refund.
The Tour Leader is the first port of call for any complaints that you may have during the tour that you feel are our responsibility. If you feel that the issue was not adequately dealt with at this time then refer the matter, in writing, to us within one month of the end of the tour.
PROMOTIONAL MATERIAL AND PHOTOGRAPHY
We reserve the right to take photographs or videos during the tour and to use the resulting photography or video in our power point presentations, slide shows, on our web site, brochures and other promotional materials. Your reservation on a tour grants us your permission to use you image for any type of promotional purposes. Participants that prefer their image not be used are asked to identify themselves at the beginning of the tour to the Tour Leader.
TOUR LEADERS & GUIDES
We reserve the right at any time to change the Tour Leader for any tour. Any change of Tour Leader does not give you right to cancel the tour and/or claim any expenses, loss or damage suffered in any manner whatsoever.
Our Tour Leaders and guides are mindful of each traveler’s welfare however they cannot ensure the personal safety of travelers. At all times you must exercise care for your own wellbeing and the wellbeing of others accompanying you.
RESPONSIBILITY & LIABILITY
By accepting these terms and conditions you acknowledge:
- That adventure travel carries inherent risks incurred by travel and activity well beyond the accepted safety of life at home or work. That you are aware of the inherent risks involved in participating in the Tour and accept them as your own;
- You are aware that your Tour, in addition to the usual dangers and risks inherent has certain additional dangers and risks, some of which may include: physical exertion for which you may not be prepared, difficult and dangerous terrain, political instability, exposure to sudden and unexpected weather events, exposure to hazards from flora and fauna, remoteness from normal medical services and evacuation difficulties if you are disabled.
- You agree that if you suffer injury or illness we can, at your cost, arrange medical treatment and emergency evacuation service, as deemed essential for your safety.
- You are going on this tour of your own free will. We will not give any refunds if you refuse for any reason to participate in any part of the Tour and/or accept the accommodation and /or other facilities made available to participants and/ or conform to a direct instruction of the Tour Operator or Tour Leader.
- By participating in the tour you will be engaging in sporting activity and leisure time pursuits and other activity for the purpose of recreation, enjoyment or leisure that involves a significant degree of physical exertion or physical risk within the meaning of s.68B of the Trade Practices Act 1974. All liability to you for loss or damage for breach of implied warranty of care and skill under s. 74 of the Act is hereby excluded. By signing the Reservation Request Form, you release AP from all liability.
- You waive any and all claims you may now and in the future have against AP, and release AP from all liability. You agree not to sue, AP, the Tour Company, its designated tour operator and tour administrator, its officers, employees, Tour Leaders, representatives or staff for any personal injury, death, property damage or loss sustained by you as a result of your participation in a tour.
You accept all of the risks of the proposed tour including the possibility of personal injury or death or other loss or damage (including property loss or damage) arising during the tour to the maximum extent permitted by law.
- This release extends to damage, injury, death or other loss even if it is caused by:
I. Breach of any implied statutory warranty of fitness for purpose or of skill and care; or
II. Breach of any contractual provision (express or implied); or
III. An act or omission of any other provider, including but not limited to any defect in aircraft, watercraft, or vehicle operated or provided by such other provider; or
IV. A ‘Force Majeure’.
AP in turn, acts only as agents for any transportation carrier, airlines, air charters, bus companies, hotel, ground operator, or other suppliers of services connected with these tours (‘other providers’) and the other providers are solely responsible and liable for providing their respective services.
We are not liable to you for any injury, loss or damage, accident, delays, cancellation or disruption or irregularity which may be caused by any acts or defaults of any third person or organization responsible for carrying out any of the arrangements of the tour.
All tickets are furnished and issued to you subject to their usual terms and it is your sole responsibility to understand these terms and to comply with or exercise the legal obligations and rights arising under any such arrangements.
In the event that any statute prevents liability being excluded or modified then this agreement shall be interpreted as applying only to such liability that can be excluded or modified by agreement between the parties.
This agreement and the entire rights and obligations of the parties arising under or by reason of this agreement shall, to the maximum extent permitted by law, be exclusively governed by the concurrent laws of Queensland and the Commonwealth of Australia. All parties submit to the jurisdiction of the courts of Queensland and the Commonwealth of Australia
If you are signing this agreement on behalf of any child then you indemnify and keep indemnified AP against all claims for damages for personal injury or death or other loss that may be made by you or any other person on behalf of the child or made by any person who suffers injury, loss or damage by reason of injury or death or loss to that child.
You acknowledge that you have read and understood the Terms and Conditions of this agreement prior to signing it and agree that this agreement will be binding upon your heirs, next of kin, executors, and /or any person signing this agreement on behalf of a traveler, administrators and successors and that this forms the entire agreement between us.