TERMS AND CONDITIONS
TERMS & CONDITIONS
Upon placing a deposit for a trip with us, you are agreeing to our full terms and conditions therefore it is essential that you carefully read and fully understand them. This represents a formal agreement with Adventure Abroad PTY LTD and will be relied upon to resolve any and all issues as they may arise.
All trips are provided by Adventure Abroad PTY LTD (“we”, “our” or “us”) and are subject to these terms and conditions. By booking your trip and paying a deposit you confirm that you are over the age of 18 and have read, understood and accepted these terms and conditions in their entirety. For bookings made for two or more people, you are accepting these terms and conditions on behalf of the entire group.
- You shall: follow the instructions of your guides at all times; ensure that you are of an appropriate level of fitness to participate in your trip; notify us of any medical ailments from which you suffer which may affect your ability to participate in the trip; not participate when under the influence of alcohol or drugs.
- Insurance: it is a condition of these terms that you have adequate travel insurance. It is your responsibility to ensure that the insurance fully covers all of your personal requirements including cancellation charges, medical expenses and repatriation in the event of an accident or illness. Your insurance must also cover you for your chosen activities and the associated risks as well as your baggage and equipment. If you chose to travel without adequate insurance cover, we will not be liable for any losses arising in respect of which insurance cover would otherwise have been available.
- Equipment maintenance: Adventure Abroad trips may include terrain that you may not be used to experiencing on day to day. If you bring your own equipment it is your responsibility to ensure it is serviced before your trip and is in a safe and roadworthy condition. We will not be liable for any damage or injury caused as a result of a failure caused by your equipment, or its operation. It is your responsibility to bring with you any unique tools, electronic shifting chargers, or special components which may be required for your equipment.
We reserve the right to cancel or alter your trip at any time prior to your departure date, due to events outside of our control, such as but not limited to: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination; or collapse of buildings, fire, explosion or accident, (together “Events Outside Of Our Control”). We also reserve the right to cancel or alter your trip at any time prior to your departure date (at our discretion), although we assure you that we will endeavour to only do this when strictly necessary.
Our liability to you
Nothing in these terms & conditions limits or excludes our liability to you for death or personal injury caused by our negligence. To the extent your property is lost or damaged due to our negligent acts or omissions, we shall be liable for the cost of repairing or replacing any such property, up to a maximum of £5,000 (or local currency equivalent) and we therefore suggest you bear this in mind when packing for your trip. Without prejudice to the above, our entire financial liability whether in contract, tort (including negligence) or otherwise (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of any foreseeable breach of these terms and conditions shall be limited to the amount you paid for your trip. We shall not be liable to you for any: loss of, or damage to your property caused by your own act or omission; claim for disappointment; or claim for loss of enjoyment; or loss incurred as a result of Events Outside of Our Control; or loss incurred due to the theft of equipment; or loss incurred due to injury as a result of your chosen expedition, unless such injury is caused by our negligence; or loss related to any business of yours such as lost data, lost profits, loss of business, loss of contracts, loss of goodwill or other business loss that you may incur as a result of any breach of these terms and conditions; or other special, indirect or consequential losses. Nothing in these terms and conditions shall affect your statutory rights.
Price and payment
We reserve the right to increase or decrease listed prices at any time. Once you have booked your trip and paid your deposit, the price shown on your booking confirmation is the guaranteed price of your trip unless there has been an obvious and manifest error. All advertised prices are inclusive of VAT. You must pay for your trip in full at least 60 days prior to your departure date. If you fail to pay for your trip in full 60 days prior to your departure date, we reserve the right to cancel your booking and your deposit will be forfeited.
Exchange rates and currency
AUD prices are established once a specific trip page is published and (other than in unusual circumstances) will not change. The deposit price is fixed for all trips at $950 per person. For alternative currencies, the daily exchange rate set by Xero will apply. Xero facilitates payment via direct bank transfer at no additional fee. You can also pay via credit card in which case Adventure Abroad will charge a 1.75% credit card fee. In some cases we will accept a direct bank transfer away from Xero – please get in touch if that suits you better and we will help where possible.
If you wish to cancel your trip
Should you wish to cancel your booking, you must give us notice of this by emailing us at [email protected]. Once we receive your cancellation notice we will follow up with an email confirming your cancellation. Your cancellation will take effect from the date that you receive our email confirming your cancellation. In the event that you cancel your trip, the following cancellation charges will apply (the charges are expressed as a percentage of your total trip price):
- more than 60 days prior to departure: your deposit*
- between 60 and 31 days prior to departure: 50% of the trip fee
- 30 to 0 days prior to departure: 100% of the trip fee
*You are entitled to transfer your deposit only if you inform us at least 60 days prior to your departure date. Your deposit will then be transferable for one calendar year from your payment date. Please note that the deposits are not refundable and can be transferred to another departure only once.
If you wish to transfer your full balance
If you have paid for your full balance (deposit + single/double occupancy) and notify us more than 60 days prior to departure, you are entitled to transfer your monies to another trip.
You must transfer to another trip departing within the next 12 months of your originally planned booking. Please note this can only be done once free of charge, otherwise there will be an administrative fee of $100 (or equivalent) to make this balance transfer.
In the event that we cancel your trip
In the rare occasion that we need to cancel a trip, we will provide you with as much notice as possible. You will be entitled to either: book any other trip with us or seek compensation from your travel insurer. However, we will not be liable for any flight or insurance costs you have incurred (this is why we recommend you arranging insurance at the time of booking).
We reserve the right to stop you from participating on your trip if you: behave in an abusive and/or threatening manner; or engage in illegal activities.
Force Majeure means the occurrence of an event that is beyond Adventure Abroad’s reasonable control and which could not have been reasonably prevented by Adventure Abroad, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, bylaw, declaration, licence and the common law as applicable from time to time.
Termination of Booking Contract or Change of Travel Arrangements Due to Force Majeure
If Adventure Abroad, in its reasonable opinion, considers that any Force Majeure event prevents Adventure Abroad (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, Adventure Abroad may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.
Limitation of Liability in the Event of Force Majeure
In the event of a force majeure event making it impossible or unsafe for Adventure Abroad to deliver all or part of the Holiday Package, Adventure Abroad will refund the customer for the unperformed part of the Holiday Package less any reasonable losses incurred before cancellation. Losses may amount the total or substantial portions of your booking price. Adventure Abroad will use reasonable endeavours to minimise losses incurred by our guests. Customers must take out travel insurance to protect themselves against loss in these circumstances.
Purchasing a trip place(s) for gifts, prizes and other promotional purposes
Should you wish to use one of our trips as a gift, prize, part of a reward programme or other promotion you must contact us before making the booking. We will detail the special requirements that apply. By booking you will be deemed to have accepted our special requirements as notified to you.
You may not advertise, use, give or resell your trips or any discount offer associated with it or offer to do so (for profit or otherwise) or use it in connection with a competition, promotion, business and charitable or any other similar venture without our express advance written permission.
Travel Regulation Insolvency Protection
Adventure Abroad PTY LTD is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel and Linked Travel Arrangements Regulations 2018” all passengers booking with Adventure Abroad PTY LTD are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Adventure Abroad PTY LTD. This insurance has been arranged by QBE Insurance (Australia).
YOUR TRIP EXPERIENCE
Your booking is accepted by us on the understanding that you accept:
- The risks and hazards of such a trip, including the dangers inherent in the expedition, the dangers inherent in the other activities included in our trips, the dangers of foreign travel, especially to countries that are less developed, are politically unstable or are subject to natural hazards, and any risks that result from (amongst other things) changes of local politics, adverse weather conditions, the poor condition of the highways, border restrictions, terrorism and disease; and the potential for (amongst other things) delays, alterations, loss or damage to property, inconvenience and discomfort.
- You should satisfy yourself before booking that you have researched your destination, made an informed decision to travel, and taken all necessary precautions. You can obtain travel advice from the Department of Foreign Affairs and Trade (DFAT), or your local equivalent.
- There is a natural need to be flexible in a group trip experience of this kind. The day to day agenda and ultimate aim of the trip is taken as an objective and not as a contractual obligation.
- It is a fundamental condition of booking that you accept this flexibility, and acknowledge that delays and alterations and their subsequent results, such as inconvenience, discomfort, or disappointment, are possible. If there is a significant change to essential terms of your trip after booking, but before your departure date, we will notify you of these changes as soon as possible. If you are not satisfied with these changes we will work with you to find a practical alternative. If you are not satisfied with the alternatives we can provide you will be entitled to cancel your booking without penalty and any money paid for services provided by the company will be refunded. No refund will be offered for services not booked with the company e.g travel costs, insurance and other related costs.
- If after departure we are unable to provide a significant proportion of the services we had agreed to aim to provide as part of our contract with you, we will act reasonably to make suitable alternative arrangements.
- On any of our trip experiences it is necessary that you abide by the authority of the leader or guide, who represents the company, and whose decision is final. Placing a deposit for a trip signifies your agreement to this, and if you commit any inappropriate, offensive or illegal act when on the trip or if in the reasonable opinion of the leader your behaviour is causing or likely to cause danger, distress or annoyance to others we may immediately terminate your participation in the relevant trip without any liability on our part.
- We cannot at any time guarantee the composition of the group in terms of age, nationality, gender, singles and couples.
- Please note that flights and other products you purchase separately do not form part of your trip experience with us.
- Travel arrangements to meet or on leaving any tour/trip are your responsibility. Any guidance we may provide is simply that and must be checked by you.
- Our responsibility does not commence until the appointed time at the designated meeting point. If you fail to arrive there at the appointed time for whatever reason, we will not be responsible for any additional expenses incurred by you to meet up with the group.
- Any information given by the Company in regard to climate, clothing, special equipment, topography etc is done so in good faith and must be rechecked by you prior to relying on it.
- No refund or compensation will be made or given for any unused hotel accommodation, services or features of the trip where unused at your discretion or as a result of your action/inaction.
Safety and security
- Your personal belongings are your own responsibility during your time with us.
- Activities which take place out of doors are provided subject to appropriate weather conditions prevailing at the time the activity is to take place.
- You must ensure that any activity or facility selected by you or any member(s) of your party is suitable for those who are taking part.
- You are required to follow any safety advice provided to you including wearing a cycle helmet when cycling, hiking boots while hiking and other appropriate gear for your chosen expedition.
- It is a condition of these terms that you have adequate travel insurance. It is your responsibility to ensure that the insurance fully covers all of your personal requirements including cancellation charges, medical expenses, helicopter evacuation and repatriation in the event of an accident or illness.
- Your insurance must also cover you for your specific activities and the associated risks as well as your baggage and equipment.
- If you chose to travel without adequate insurance cover, we will not be liable for any losses arising in respect of which insurance cover would otherwise have been available.
Medical and special requirements
- It is your responsibility to ensure that you are sufficiently fit and healthy to complete your chosen trip. We reserve the right to require you to produce a doctor’s certificate of fitness to participate in your chosen trip. If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip, you must advise us before booking. If you do not do so, we may cancel your trip at any time.
- Medical vaccinations and other preliminary arrangements including passport, travellers cheques, visa procurement are your responsibility. Allow suitable time to obtain these vaccinations and consult your local GP or travel doctor.
- We welcome people with restricted mobility, medical or particular care requirements or a disability, and aim to ensure that our services are as accessible as reasonably possible to all. However, in order that we may consider the possibility of making reasonable adjustments, it is important that we are fully informed of any needs, requirements and conditions before any booking is concluded. Please contact us and we will be happy to discuss availability, suitability and potential reasonable adjustments with you, including any requirement for you or a member of your party to be accompanied by someone who is able to provide for any particular needs you or they may have, over and above any reasonable adjustments we are able to make.
- If you have special requirements a risk assessment might be required prior to confirming a booking or allowing participation in certain activities. Please note that we rely on the information you provide to help us anticipate and satisfy your needs. We therefore require you to give us a full and frank description of your needs in advance of booking and as required prior to departure and throughout any proceeding trip (whether related to special requirements or otherwise). You must update us with any change in your circumstances prior to and during your stay. Our guides can only provide general first aid. As such it may be necessary for you or a member of your party to be able to administer or attend to your/their own medical needs or have someone accompany you/them who can do so.
- You should inform us immediately if, within 4 weeks prior to your arrival date or during your break, any member of your party has, or develops, an infectious or contagious medical condition. If so, we have the right to:
- refuse to accept your booking;
- cancel your booking; or
- ask any member of your party to leave immediately, should we, at our reasonable discretion, consider it necessary to protect the health of others.
Health precautions & DFAT advice
- You should check what vaccinations and other health precautions are required or are advisable for your chosen destination and journey with your doctor in good time before departure.
- Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have written confirmation from a doctor that they are fit to travel when checking in for their outward flight. Normally, permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason.
- You must provide us with full details of any existing medical problem or disability that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of booking. If in our reasonable opinion, your chosen travel arrangements are not suitable for your medical problem or disability or you are not travelling with someone who can provide all the assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the travel arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out in these terms and conditions must be paid by the person concerned.
- The Department of Foreign Affairs and Trade (“DFAT”) produces a wide range of material about overseas countries including details of political unrest, crime and health issues. If you have any particular concerns then you should refer to the DFAT website at https://smartraveller.gov.au
Alterations to your trip itinerary before the trip
Please note that all information given about our trips on our website or otherwise is intended merely to present a general idea of the experience. Information is correct to the best of our knowledge. You will be provided with an itinerary for your trip giving details such as, the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. Changes in all of these items may be made at any time and we will notify you of any changes that we become aware of as soon as we are reasonably able to do so.
During your trip experience
At the start of your trip you will be asked to check and sign a waiver that recaps on key points relating to these terms and conditions and your specific trip. By placing your deposit for your trip you are agreeing to the following waiver.
By booking your trip, you: acknowledge that you have received and read all guidance provided by us in relation to your trip; accept that any guidance given by us as regards climate, clothing, special equipment, topography etc is done so in good faith, but accept that we cannot confirm its accuracy or completeness; acknowledge that it is your responsibility to arrange insurance to cover you during your trip; confirm that you are aware of the physically strenuous nature of our trips and accept the risks and hazards of our trips, including the dangers inherent in cycling either on the road or off the road and any risks that result from (amongst other things) adverse weather conditions and the variable condition of roads and/or tracks; accept that: (a) whilst we may refer you to external activity operators during your trip, we have not done any due diligence on these external activity operators and do not provide any guarantee as to the services they provide; and (b) we shall not be liable for the acts or omissions of external activity operators and you participate in all activities organised by any such third parties on their terms and conditions and at your own risk. Confirm that you are sufficiently fit and healthy to complete your trip and are aware of no medical reason or condition which would prohibit you from completing your trip; accept the potential for (amongst other things) delays, alterations, loss of or damage to property, inconvenience and discomfort; and accept that subject to paragraph below, you participate in your trip, and join the expedition at your own risk.
Trip group dynamics
You agree to follow the instructions of your guides at all times; ensure that you are of an appropriate level of fitness to participate in your trip; notify us of any medical ailments from which you suffer which may affect your ability to participate in the trip; wear appropriate safety equipment during your expedition; not join expedition activities when under the influence of alcohol or drugs.
On any of our trips it is necessary that you abide by the authority of the leader, who represents the company, and whose decision is final. Completing a booking with us signifies your agreement to this, and if you commit any inappropriate, offensive or illegal act when on the trip or if in the reasonable opinion of the leader your behaviour is causing or likely to cause danger, distress or annoyance to others we may immediately terminate your travel arrangements and associated participation in the relevant trip without any liability on our part.
Your behaviour should not be excessive, noisy or disruptive, especially at night. Your behaviour must at all times be appropriate to the culture of the country you are visiting. Offensive or illegal behaviour will not be tolerated and may result in the police being involved. We do not consider offensive or aggressive behaviour or language towards our staff to be acceptable. We may ask you and/or any member of your party to leave immediately if your conduct is considered by us to be inappropriate, likely to cause harm, or impair the enjoyment, comfort or safety of your neighbours, other members of your group, staff and/or the general public, or is likely, in our belief, to breach any terms of our agreement with you (including these conditions). No refunds or compensation will be given in these circumstances and we reserve the right not to accept any future bookings from you or any member of your party.
Alterations to your trip itinerary during the trip
We will endeavour to ensure that the itinerary of your trip does not have to be altered. However, if an Event Outside Of Our Control occurs, we may not be able to follow our advertised itineraries or schedules. If any additional expenses are incurred through delay, accident or disruption of planned itineraries due to Events Outside Of Our Control, we cannot compensate you for such expenses.
If you are required to be transferred (voluntary or involuntary) between destinations of your chosen expedition Adventure Abroad will not be responsible for any costs incurred.
Personal equipment and equipment hire
If you bring your own equipment, you hereby confirm and acknowledge that: it shall be suitable for your trip, well maintained and in good condition; and you shall be solely responsible for assembling, repairing and maintaining your equipment during your trip.
Your trip may include terrain that you may not be used to experiencing on day to day. If you bring your own equipment, it is your responsibility to ensure it is serviced before your trip and is in a safe and in worthy condition. We will not be liable for any damage or injury caused as a result of a failure caused by your equipment, or its operation. It is your responsibility to bring with you any unique tools, electronic shifting chargers, or special components which may be required for your equipment.
Accommodation and other equipment
- Each accommodation provider may have its own terms and conditions on which they accept guests, and you agree to abide by these.
- You are expected to use the equipment and facilities provided to you with care and to keep them in a clean and tidy condition. We reserve the right to charge you for any extra cleaning, missing items or damage.
- We reserve the right to enter your accommodation at any time for any reasonable purpose, for example, to make checks, or carry out essential inspection, maintenance work, housekeeping or repairs. Please note that your occupation is not therefore exclusive.
- As we continually strive to improve our facilities and trips you acknowledge and accept that you may find that:
- new facilities are available;
- listed facilities are temporarily closed for maintenance and/or improvement;
- some facilities have been altered;
- maintenance work or housekeeping tasks are undertaken; and
- different equipment is provided to that described in our brochures or other communications.
- If bringing your own equipment on one of our trips, please ensure that it is adequately maintained and insured. We will take all reasonable care when transporting equipment, however we are not responsible for any damage caused to equipment by a third party unconnected with the provision of the services contracted for, whether such damage is caused during the trip or whilst the equipment is in transit.
Photography and image rights
We often invite carefully chosen professional filmmakers, photographers and/or journalists to join a trip in order to create content to be shared with guests and/or to promote our brand, products and services. We believe this adds to the trip experience and we will endeavour to share all content with trip participants once ready, where possible. If we would like to use a photograph which contains your image on our website or for other promotional material we will ask you to sign a short image release form during or after your trip.
Feedback and complaints
Every guest will be invited to complete a post-trip feedback survey to share your comments and feedback on your experience with us.
If you have any concerns while on your trip, please communicate those concerns directly with your head guide and allow us to address them immediately. If you feel the matter is serious or unresolved, please feel free to contact the Adventure Abroad leadership team at [email protected]
If you have any problems with any element of your trip, or how we are looking after you, please let us know as soon as possible so we can try to fix things. If we can’t resolve the issue for you we will try to agree a suitable resolution.
We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms. This arrangement is between you and Adventure Abroad PTY LTD. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These terms and conditions and any matters arising out of or in connection with the formation of any contract between you and Adventure Abroad PTY LTD shall be governed by and construed in accordance with the law of Australia.
Each party irrevocably agrees that the courts of Australia and shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or any agreement between the parties.
Adventure Abroad PTY LTD
Address: 3 Dallas Avenue, Taroona, Tasmania, Australia 7053
Australian Business Number (ABN): 92631140380