Terms and Conditions
The Client engages the Company to provide a Service, and the Company agrees to provide the Service on these terms.
1. Definitions Unless the context otherwise requires: “Booking Form” means the booking form on the Website under the UPCOMING TOURS or TOURS & BOOKINGS sections. “Client” means a person who is 18 years of age or above who has completed a Booking Form. “Company” means High Country Hiking Tours Pty Ltd ABN 28 626 691 254. “Jurisdiction” means Victoria. “Registration Form” means the registration form, which is emailed to a Client upon him/her completing the Booking Form. “Services” means any hiking tour service provided by the Company to the Client as noted on the Booking Form. “Service Fee” means the fee paid by the Client to the Company for the Service. “We / us” is, where the context permits, a reference to the Company. “Website” means www.highcountryhikingtours.com.au as operated by the Company. “You / your” is, where the context permits, a reference to the Client.
2. How to book 2.1. To book a Service, a person must complete both the Booking Form and the Registration Form. 2.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including without limitation: email address; preferred username; mailing address; telephone number; password; residential address; occupation; date of birth; height; t-shirt size; medical conditions and /or disabilities; medication; emergency contact details. 2.3. You warrant that any information you provide to the Company (pursuant to clause 2.1) will always be accurate, correct and up to date. 2.4. Bookings are not confirmed until the Company receive your payment of the Service Fee in full; and the completed Registration Form.
3. Your obligations as a Client 3.1. As a Client, you agree to comply with the following: 3.1.1. You will use the Services only for purposes that are permitted by the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; 3.1.2. You have the sole responsibility for protecting the confidentiality of your registration information, password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; 3.1.3. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware; 3.1.4. Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of the Company providing the Services; 3.1.5. You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the Company.
4. Payment 4.1. Full payment is due at time of completing the Booking Form. 4.2. Payments must be made via PayPal. You warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website. 4.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5. Pricing 5.1. All prices are in Australian dollars and are quoted per person. 5.2. GST is added to the total purchase price. 5.3. Our maximum group size is 6 Clients (5 Clients on the Eagle Peaks two-day tour). If you book for less than 6 Clients and more Clients book for the same tour, the Company, at their discretion, will refund you the difference between the price for the total number of Clients and the price you have paid. 5.4. A 5% discount will apply to any additional tours that you book with the Company. The discount will be in the form of a voucher to be applied towards the full payment at the time of booking. 5.5. Pricing includes transfers between designated location in Merrijig and starting and finishing point of the tour; lodge share style accommodation on selected tours only; dinner and breakfast on selected tours only; use of tent (twin share), backpack, sleeping mat, sleeping bag, stove including cooking fuel, cooking utensils and cutlery, walking poles, gaiters, head torch and sleeping bag liner; guide/s for duration of tour; park fees and all relevant licences and permits. 5.6. Not included are transport to the briefing and meeting place, insurance, food and drinks, personal equipment and personal expenses, and accommodation prior and post the Service.
6. Accommodation 6.1. Accommodation is in tents, twin share. 6.2. One night accommodation in a lodge on the Two Peaks tour. The lodge offers shared accommodation with 4 bunk beds in each room. 6.3. We will endeavour to ensure that single travellers will share with the same gender, however this cannot be guaranteed as it will be determined by the makeup of the group.
7. Cancellation by Client 7.1. If you must cancel, notify us as soon as possible by e-mail. 7.2. Cancellation will take effect if you fail to arrive at the pre-arranged briefing or meeting place at the time stipulated. No refund will be available. Please contact the Company if you are not able to attend the briefing session or if you will be running late. It is very important that you attend the briefing session. This where we will get to know each other, distribute equipment, discuss the Service and answer any questions. 7.3. Refund if you cancel: 7.3.1. If the cancellation is made more than 60 days prior to departure of the tour, we will reimburse you the full amount minus $50.00 administration fee. 7.3.2. For cancellations made between 60 and 21 days prior to departure, 50% of the tour cost, per person will be charged. 7.3.3. For cancellations within 21 days of tour departure, no refund is available. 7.4. The date of cancellation is the date that the Company receives written notice of the cancellation. 7.5. No refund will be paid if you: 7.5.1. Voluntarily leave the tour after it has commenced. 7.5.2. Need to leave the tour for reasons of bereavement, injury or illness. 7.6. In consideration to the fact that the unexpected such as illness, injury or in the worst case bereavement, do happen, if we are satisfied that cancellation has occurred for reasons beyond your control, we may at our sole discretion, issue you with a 50% discount voucher towards the next booking within the current or next immediate season, for all such cancellations made prior to departure date. Rebooked tours under this provision cannot be cancelled. No refunds will apply to tours that have been rebooked. No discount will apply to an additional tour booked with the Company. Applicable rates will apply to the new booking. 7.7. Travel insurance and medical insurance are strongly recommended.
8. Cancellation by the Company 8.1. All our tours take place in wilderness settings and remote areas. We are at the mercy of nature in all her beauty and all her fury. We will under no circumstance knowingly place at risk the health and wellbeing of our Client and staff. In the case of natural threats, acts of God and the like (e.g. bushfires, Code Red days, impassable snow, floods, etc.) we may need to cancel a tour with very little notice. In some cases, this can occur after the tour has commenced. If we need to cancel for any reason, we will fully refund the cost of the tour or provide a replacement tour at a later date convenient to both parties. Any other costs associated with travel to Merrijig, overnight accommodation, meals, etc. will not be covered by us and therefore we strongly recommend travel insurance be taken out prior to travel. 8.2. The Company reserves the right to cancel any tour up to 60 days prior to departure in which event a full refund will be made or an alternative date will be proposed, but all tours are guaranteed to depart once a booking is confirmed. If you accept an alternative date proposed by the Company, we will issue you with a voucher for this booking. 8.3. As the nature of our courses is very particular, modifications to the Service can occur depending on the level of the Clients’ skills. For your security, the Company will be the only judge of any changes made to the Service. No reimbursements will be made if the Service must be interrupted and it is not possible to replace it with another Service. 8.4. The Company is not liable for the cost of any changes in travel arrangements as a result of changing dates, though this is often covered by cancellation insurance policies (see insurance section below). 8.5. The Company may at any time, cancel your registration/booking, without providing a refund if: 8.5.1. You have breached any provision of these terms or intend to breach any provision; 8.5.2. Your conduct impacts the Company’s name or reputation; 8.5.3. Your conduct violates the rights of those of another party; 8.5.4. The Company is required to do so by law; or 8.5.5. The provision of the Services to you by the Company is, in the opinion of the Company, no longer commercially viable. 8.6. Travel insurance and medical insurance are strongly recommended.
9. Evacuation 9.1. In rare circumstances, due to injury or unforeseen illness, we may need to evacuate you from a remote part of the tour. Evacuation is on foot to the nearest location accessible by a vehicle (where the injured is physically capable) or by helicopter. Helicopter evacuations are expensive and in all cases will be at a cost to the Client. 9.2. In addition to helicopter costs, any associated staff wages and ground transportation costs will be borne by the Client. Staff are charged out at $273.75 per day (or part thereof) and ground transportation is charged at 74 cents per kilometre. 9.3. It is also strongly recommended that you take out specific ambulance cover and travel insurance to cover (amongst other things) the costs associated with evacuation.
10. Obstructions on the Track In rare circumstances, due to obstructions on the track (e.g. fallen trees, snow, land slide), the Company may be required to take an alternative route. The alternative route would mostly be through the bush bypassing the obstruction. In some instances, it is possible to climb over or under fallen trees. The Company will make a decision how best to bypass the obstruction based on the capabilities of the Clients. This can happen with very little notice and in most cases, this can occur after the Service has commenced. The Client agrees not to claim a refund if an alternative route is deemed necessary by the Company.
11. Medical conditions If you suffer from any medical condition which you think is relevant to you participating in the Service, you must inform the Company and your doctor. We will be happy to answer any questions you may have about what the Service involves. Please also let your guide know when you meet him/her at the briefing session.
12. Medical Forms and Doctors Certificates 12.1. A Client with a pre-existing medical condition must disclose it on their Registration Form and the Company may require the Client to supply a doctor’s certificate or provide more detailed information about their medical condition. 12.2. Clients 69 years of age or older must supply a doctor’s certificate stating that they are in good physical condition and that there are no known ailments or pre-existing medical conditions likely to prevent them from completing the tour.
13. Travel insurance 13.1. We recommend travel insurance in the strongest possible terms. 13.2. When selecting a travel insurance product, please ensure that it provides cover against personal accidents or injury, medical expenses, emergency repatriation/evacuation and personal liability, cancellation for any reason including bereavement, delayed flights, lost luggage and personal effects. 13.3. It is your responsibility to decide on the level of insurance you require and to verify that you are covered. We accept no responsibility for costs incurred, whether direct or indirect, which are not covered by your insurance.
14. Indemnity Form 14.1. We require that all Clients sign the Indemnity Form (“Form”) prior to departure at the briefing session and prior to the start of the tour. This Form indemnifies the Company, its servants and agents or any of them from and against all costs, claims, actions, demands and liability whatsoever and howsoever arising from or in any way connected with the Service (including any transportation to and/or from the area in which the Service is to take place) including such costs, claims, actions, demands or statutory duty or otherwise on the part of the Company, or any of its servants or agents, and including any liability in respect of or related to your death, personal injury or loss of or damage to any property owned or possessed by you, but excluding any liability in respect of which the Transport Accident Commission is bound to indemnify the Company, its servants and agents pursuant to the Transport Accident Act 1986. 14.2. By this Form you will also give us various acknowledgements including confirmation that you have been informed of any possible hazards and the most appropriate form of footwear and suitable clothing for the hiking tour you are undertaking.
15. Footwear 15.1. The Clients are required to wear lace up hiking boots, which are waterproof, sturdy, good ankle support and have solid soles with a good grip. New boots must be worn in. Walking shoes, work boots, runners, sandals and similar footwear are not acceptable. 15.2. Arriving on the day of departure with inappropriate footwear will result in you forfeiting your Service without refund.
16. Health and Fitness Requirements 16.1. The more physically prepared you are, the more enjoyable your experience will be. 16.2. You must be fit enough to carry an overnight backpack on our multi day tours.
18. Equipment 18.1. The equipment supplied by the Company for the Services is maintained and serviced regularly. The Company will not be liable for any faults and/or malfunction of any equipment. 18.2. We ask that all Clients take good care of the equipment and return all items in the same condition as they received them at the briefing session. 18.3. On multi day tours, equipment such as tents, stoves, cooking fuel and cooking pots are shared between two Clients.
19. Exclusion of Liability 19.1. The Client acknowledge and agrees that he/she: 19.1.1. Will be walking in a wilderness area in the State Forests, Alpine Resorts, National Parks, Reserves and similar locations, which may be dangerous. 19.1.2. Undertakes the Services at his/her own risk and he/she understands the extent of the risks involved in completing the Services. 19.1.3. Will complete the Services freely and voluntarily. 19.2. You hereby, to the full extent permitted by law, agree to fully release and indemnify the Company and each of its officers, employees and contractors, from all liability arising from any claim you may have including, without limitation, connected with your death, personal injury, losses, costs, damages, expenses, liabilities, proceedings or demands, howsoever arising out of or in relation (whether directly or indirectly) to the participation by you in the Services including without limitation, liability for a negligent or tortuous act or omission, breach of duty, breach of these terms by you. 19.3. If the Company is found to be liable to the Client, all liability is capped at the Service Fee. 19.4. The Client must inform itself of all the authority requirements (including without limitation police, health, customs, and administrative formalities) before the departure of the Service. 19.5. The Company is an intermediary between the client and external third party services providers (e.g. transport, hotels) (“Third Party Provider”). If the Client has an incident arising out of or in relation to a service provided by a Third Party Provider, the Client agrees to make a claim directly against the third Party Provider and not the Company. 19.6. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 19.7. Subject to this clause, and to the extent permitted by law: 19.7.1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms are excluded; and 19.7.2. The Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, contract, tort (including negligence), equity, statute or otherwise.
20. Authority If a person acts for and on behalf of a Client or a group of Clients, the accepting person warrants and assures the Company that he or she has full power of authority to accept these terms on the Client’s behalf.
21. Dispute 21.1. If a dispute arises out of or relates to the Services, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless this clause has been complied with (except where urgent interlocutory relief is sought). 21.2. If you have a complaint about the Service, you must email your dispute notice (“Notice”) to firstname.lastname@example.org detailing the nature of the dispute, provide supporting documentation, the desired outcome and the action required to settle the dispute. The Company must receive your Notice within 7 days following your return date. 21.3. The Company will provide you with a written response (by return email) within 7 days of receipt of your letter of complaint (“Response”). 21.4. On receipt of the Response, the parties must: 21.4.1. Within 7 days of the Response endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. 21.4.2. If for any reason whatsoever, 7 days after the date of the Response, the dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee; 21.4.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.