These Booking Conditions contain important information about the service provided by Unforgettable Adventures Pty Ltd. It is essential that you carefully read and understand them. The Booking Conditions constitute a legally binding contract between Unforgettable Adventures and you for the services provided by Unforgettable Adventures.
By booking with us and paying the non-refundable deposit per passenger for trek / tour, or full payment, you acknowledge that you have read and understood the information and that you agree to be bound by these Booking Conditions. Deposits will vary depending on the selected service chosen. Acceptance of your booking will be confirmed in writing to you or your travel agent, and a contract comes into existence on the date shown on your confirmation letter or email.
If you have any queries regarding these Conditions or do not understand them, please contact our office or your travel agent.
1) PRICES AND VALIDITY
Prices are on twin share basis, and based on costs and exchange rates applicable when the information provided to you was printed, emailed or posted on the Unforgettable Adventures website. Unforgettable Adventures reserves the right to adjust prices whether or not you have already made full payment. We will do everything within our control not to adjust prices and will generally only amend prices in the event of marked fluctuations in exchange rates, fuel costs and other operating costs on which prices are based. Dates and
itineraries departing after June 30, 2013 are indicative only and subject to change. Airfares (except when otherwise stated), passport and visa fees, travel insurance, excess baggage charges, gratuities to leaders and guides, extra meals, laundry, drinks, medical expenses, optional activities and trips, and any items of a personal nature are not included in your trip price (unless otherwise stated).
2) YOUR TRIP AND ASSUMPTION OF RISK
Unforgettable Adventures conducts trips in regions and countries where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home.
By booking with us you acknowledge that participation in all Unforgettable Adventures activities involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in a Unforgettable Adventures activity involves visiting remote or unstable regions, or regions where there is dangerous wildlife.
When assessing whether trips will operate Unforgettable Adventures uses information from its local operating staff in conjunction with advice from the Australian Department of Foreign Affairs and Trade. It is your responsibility to accustom yourself with the travel advice provided by DFAT or any other relevant Government travel advice authority, as well as that of your country of residency, before commencing the trip. By booking with Unforgettable Adventures you acknowledge your decision to travel on a Unforgettable Adventures activity is made after due consideration of relevant travel information that may be made available at any time.
Please be assured that Unforgettable Adventures and its operating staff will do the utmost to ensure your safety and well-being when on any activity conducted by Unforgettable Adventures. In some areas, where threat of dangerous wildlife is a possibility, you may be required to sign additional indemnification. The purpose of the form is to make you aware of the risks and dangers involved with travelling in these areas, and to indemnify the service provider and Unforgettable Adventures from any claims made by you for incidents arising due to circumstances outside the service provider’s and Unforgettable Adventuress reasonable control.
3) EXCLUSION OF LIABILITY
Except where stated otherwise, Unforgettable Adventures acts as agent for service providers when making arrangements for your trip. Where Unforgettable Adventures provides services it will do so with due care and skill. Unforgettable Adventures is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by Unforgettable Adventures, any travel agent or other Representative, which has not been stated expressly in the information provided to you.
Unforgettable Adventures will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the Unforgettable Adventures trip (including pre- and post accommodation) are entirely at your own risk and Unforgettable Adventures cannot and does not give you any assurance, representation or warranty in connection with any such arrangements.
To the fullest extent permitted by law and subject to the exception set out below, Unforgettable Adventures does not accept liability for any loss, damage, death or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of Unforgettable Adventures to comply with its obligations under this contract, or in respect of any other conduct that Unforgettable Adventures undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Unforgettable Adventures and its officers, employees, agents and representatives (‘Representatives’) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against Unforgettable Adventures or its Representatives as a result of your participation in any trip. For these purposes, Unforgettable Adventures enters into these Booking Conditions as trustee or agent for its Representatives.
To the fullest extent permitted by law and subject to the exception set out below, any condition or warranty, which would otherwise be implied into these Booking Conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods,
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services,
(i) the supplying of the services again or
(ii) the payment of the cost of having the services supplied again.
The ‘Exclusion of Liability’ section set out in these Booking Conditions does not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act 1974 (Cth), and any state or territory Fair Trading Act (or its equivalent).
4) CANCELLATION BY UNFORGETTABLE ADVENTURES
Unforgettable Adventures reserves the right to cancel a departure and will advise you of such cancellations no later than 30 days before the tour departure date. If due to ‘Force Majeure’ or government travel advice, Unforgettable Adventures reserves the right to cancel a departure at any time. With any form of cancellation, Unforgettable Adventures will offer you alternative arrangements if available, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to Unforgettable Adventures, (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). Unforgettable Adventures will not be liable for any additional costs incurred by you.
Unforgettable Adventures will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of Unforgettable Adventures and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
5) CANCELLATION BY YOU
If you wish to cancel all or any part of your booking, notification of cancellation must be made to Unforgettable Adventures in writing. The date of the cancellation is the date on which written notification is received by Unforgettable Adventures.
The following cancellation charges apply per person on cancellation.
– 60 days or more prior to trip departure – Loss of deposit
– Between 30 and 59 days prior to trip departure – 50% of total booking cost or loss of deposit; whichever is the greater
– Less than 30 days prior to departure – 100% of total booking cost
No refunds will be made if you voluntarily leave a trip for any reason after the trip has begun. Refunds will be at the discretion of Unforgettable Adventures if you are involuntarily forced to leave a trip for any reason. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized. Please note that these conditions apply to land content only. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation penalties in certain circumstances (Note: such insurance will not cover a change of mind).
If you do not pay the balance of your total booking cost at least 60 days prior to departure, your booking may be terminated and you will lose your deposit. Additional Unforgettable Adventures cancellation penalties may apply. No refunds will be made if you leave a trip for any reason after the trip has begun. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized.
7) LATE BOOKINGS
Bookings requests received by Unforgettable Adventures within 30 days before tour departure may require full payment before we can save a place on a tour. If we cannot confirm the booking we will refund you in full any monies paid to Unforgettable Adventures. Unforgettable Adventures will not be liable for any additional costs incurred by you.
8) CHANGES TO YOUR HOLIDAY
You acknowledge that travelling with Unforgettable Adventures requires a degree of flexibility, and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Unforgettable Adventuress control or which simply cannot be
foreseen. Unforgettable Adventures does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Unforgettable Adventuress control. You acknowledge that stated group sizes may also vary following your booking unless otherwise stated that a maximum group size will be adhered to.
The information about trips provided by Unforgettable Adventures, Trip Notes and Pre-Departure Information are subject to change. It is your responsibility to review the up-to-date Trip Notes and Pre-Departure Information provided by Unforgettable Adventures. The information and conditions in the Trip Notes and Pre-Departure Information are deemed to be part of the contract. Where changes to your trip occur after you have received your final documentation we will, where practical, advise you or your travel agent of such changes.
9) AUTHORITY OF THE LEADER
At all times the decision of the Unforgettable Adventures leader or representative (‘Unforgettable Adventures Leader’) will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the Unforgettable Adventures Leader makes about your on-going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by a Unforgettable Adventures Leader, or interfere with the well-being of the group, then the Unforgettable Adventures Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or Unforgettable Adventures local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip.
11) TRAVEL INSURANCE
Adequate and valid travel insurance is compulsory for all Unforgettable Adventures travellers. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to preexisting medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. We also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must provide proof of insurance to Unforgettable Adventures. Unforgettable
Adventures reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested.
12) PASSPORT AND VISAS
It is your responsibility that you carry a valid passport and have obtained the appropriate visas when travelling with Unforgettable Adventures. Please ensure that your passport is valid for 6 months beyond the duration of your holiday.
13) HEALTH, FITNESS AND AGE LIMITS
It is your responsibility to advise Unforgettable Adventures of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour and the enjoyment of other trip members. If requested by Unforgettable Adventures, or our suppliers, you may be required to provide an assessment of your medical condition by completing a special Health & Fitness Questionnaire and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner. Unforgettable Adventures reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Unforgettable Adventures also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members.
Generally, we do not allow travellers under the age of 13 years . However we will occasionally make exceptions for under-18s travelling with their legal guardian or following discussion with parents or legal guardian. The decision for any person under 18 years of age to travel on our scheduled itineraries is at the absolute discretion of the management of Unforgettable Adventures.
You agree that Unforgettable Adventures may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses. If you do not want agree to Unforgettable Adventures using such images, you must inform Unforgettable Adventures in writing prior to the commencement of the tour.
In order to be able to supply a service to you Unforgettable Adventures will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose.
15) GOVERNING LAW
This agreement will be governed by and construed in accordance with the law of Victoria, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of Victoria, Australia as regards any claim or matter arising under this agreement.