Terms and Conditions

These Terms and Conditions (the "Agreement") govern the use of services provided by Hiking Trails Pty Ltd ("we," "our," or "the Company"), a hiking travel agency. By booking a hiking trip or using any of our services, you (the "Customer") agree to be bound by these terms. Please read them carefully before confirming your booking.

ABN: 31 635 598 033
Postal Address: PO Box 46, Porepunkah, Victoria, 3740, Australia

2. Booking and Payment

2.1. Booking Process:
Bookings can be made via email, via phone, or through an authorized agent. A valid passport, proof of age, and other necessary documentation may be required depending on the destination.

2.2. Non-Refundable Deposit:
A non-refundable deposit of $500 AUD per person is required to confirm your booking and secure the quoted price. This deposit is payable at the time of booking and is not refundable under any circumstances, except as outlined in the Force Majeure or Agency Cancellations sections.

2.3. Final Payment:
The balance of the trip cost is due 12 weeks before the scheduled departure date, unless otherwise specified. Failure to pay the balance by the due date may result in the cancellation of your booking and forfeiture of your deposit. If you book within 12 weeks of departure, the full payment is required at the time of booking.

2.4. Pricing:
Prices are subject to change and may vary depending on availability, time of booking, and external factors such as currency fluctuations, accommodation pricing, accommodation requirements, or government taxes. The price confirmed at the time of booking is the price you will be charged, unless stated otherwise. Prices quoted for international walks including but not limited to Japan, Europe and the United Kingdom do not include Australian GST, consistent with 'GST and international travel' guidance on the Australian Taxation Office website. 

2.5. Travel Insurance:
We strongly recommend that you purchase comprehensive travel insurance that covers trip cancellation, medical emergencies, evacuation, personal belongings, and other travel-related incidents. Travel insurance is not included in the price of the trip.

2.6. Your Authority to Book for Others:

If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms. It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed. As lead member of your party, we will deal only with you in our correspondence.

3. Cancellation and Refunds

3.1. Customer Cancellations:
If you need to cancel your booking, please notify us in writing by email as soon as possible. The cancellation charges are as follows:

• More than 12 weeks before departure: 100% of the trip cost, less the non-refundable deposit of $500 AUD per person. 
• Between 8 and 12 before departure: 50% of the trip cost, less the non-refundable deposit of $500 AUD per person. 
• Less than 8 weeks before departure: 100% of the trip cost

No refunds will be issued for cancellations made less than 8 weeks prior to the departure date.

3.2. Agency Cancellations:
In the event that Hiking Trails Pty Ltd needs to cancel a trip due to insufficient participants, unforeseen circumstances, or other reasons beyond our control, you will be offered a full refund or an alternative trip of equal value. We are not liable for any additional costs, including non-refundable flights or accommodation.

3.3. Force Majeure:
We are not liable for cancellations or delays due to events beyond our control, including but not limited to natural disasters, strikes, political instability, weather events, typhoons, flooding, landslips, or health crises. In such cases, we will do our best to offer alternatives, but no refunds will be issued.

3.4. Refund Process:
Qualifying refunds for cancellations will be processed within 7 days of the cancellation notice and receipt of suitable account details. Refunds will be made to an Australian bank account via direct deposit. All refunds will be less any transactional fees incurred, such as credit card transaction fees or other applicable fees. The customer is responsible for any bank charges, currency conversion fees, or third-party costs associated with the refund process.

4. Health and Fitness

4.1. Medical Fitness:
You are responsible for ensuring that you are physically fit to participate in the hiking trips. It is important that you disclose any medical conditions or concerns to us prior to booking. Certain trips may require a medical certificate or proof of fitness to participate.

4.2. Pre-Trip Preparation:
We recommend that you consult your physician before booking, especially if you have pre-existing health conditions. You should be aware of the physical demands of the trip and make sure you are adequately prepared.

4.3. Emergency Situations:
In case of injury or illness during the trip, all costs related changed travel plans, medical treatment, evacuation, or other emergency services will be the responsibility of the Customer.

5. Travel Documents

5.1. Passport and Visa:
You are responsible for ensuring that you have a valid passport and any necessary visas for the destination country. It is also your responsibility to comply with any vaccination or health requirements mandated by the destination country.

5.2. Travel Documents and Information:
You must provide accurate personal details for booking purposes. If you provide incorrect information (e.g., a misspelled name, incorrect passport number), we may not be able to process your booking or issue travel documents.

6. Trip Itinerary and Changes

6.1. Itinerary Changes:
While we make every effort to adhere to the planned itinerary, changes may be necessary due to unforeseen circumstances such as weather, safety concerns, changes made by service providers engaged as part of your booking, or logistical issues. We reserve the right to modify the itinerary, including accommodation or route changes, without prior notice.

6.2. Trip Participation:
You must follow all written, verbal, and signed safety guidelines and instructions from our guides and staff. Failure to do so may result in exclusion from the trip without refund if deemed necessary for your safety or the safety of others.

6.3. Weather Disclaimer:
Hiking Trails Pty Ltd is committed to providing the best possible experience for all our customers. However, we acknowledge that weather conditions are unpredictable and can have a significant impact on outdoor activities. Inclement weather, including heavy rain, typhoon events, snow, storms, or extreme temperatures, may result in changes to the itinerary, delays, or cancellations of planned hikes. In such cases, we will make reasonable efforts to adjust the schedule. However, Hiking Trails Pty Ltd is not responsible for any weather-related changes, and no refunds will be issued for activities altered or canceled due to weather conditions. Customers are advised to come prepared for changing weather conditions, and to check weather forecasts prior to departure.

7. Dietary Requests

7.1. Dietary Requirements:
Customers with specific dietary needs (e.g., vegetarian, vegan, gluten-free, food allergies, religious dietary restrictions) must inform Hiking Trails Pty Ltd of their requirements in writing at the time of enquiry and prior to booking. Hiking Trails Pty Ltd will make reasonable efforts to accommodate dietary requests if presented prior to booking, but they cannot be guaranteed unless specified in advance prior to the time of booking. 

7.2. Changes to Dietary Requests:
Once the booking is confirmed, Hiking Trails Pty Ltd cannot accept changes or additions to dietary requirements. Please ensure that any dietary needs are clearly communicated during the booking process. Due to the limited number of, and small, local nature of the accommodation and meal providers, no new dietary requests will be accepted once a booking has been confirmed. 

8. Third-Party Operators and Liability

8.1. Third-Party Services:
In the course of providing the services associated with your trip, Hiking Trails Pty Ltd may engage third-party operators, including but not limited to local guides, transportation providers, accommodation suppliers, meal providers, transport services, or excursion operators. While we carefully select these third-party operators to ensure the highest standard of service, we are not responsible for any errors, omissions, or changes made by these third-party providers.

8.2. Third-Party Terms and Conditions:
In addition to our own Terms and Conditions, the policies, terms, and conditions of third-party operators engaged in the provision of services as part of your trip will also apply. These may include, but are not limited to, accommodation policies, activity-specific terms, transportation rules, and cancellation policies. Hiking Trails Pty Ltd will not be liable for any issues arising from the application of third-party terms and conditions, and we recommend reviewing any relevant terms provided by these operators.

8.3. Liability for Third-Party Changes:
Hiking Trails Pty Ltd is not liable for any modifications to your trip that are made by third-party operators, including changes to accommodation, transportation, meals, excursions, or any other services. Any issues or disputes arising from the services provided by third-party operators must be addressed directly with the respective operator. Hiking Trails Pty Ltd will assist in facilitating communication but is not responsible for resolving such disputes.

9. Liability, Release of Liability, Indemnity and Disclaimers

9.1. Assumption of Risk:
Hiking and outdoor activities carry inherent risks, including but not limited to injury, altitude sickness, exposure to the elements, slips, trips and falls, and wildlife encounters. By booking a trip, you acknowledge and accept these risks.

9.2. Limitation of Liability:
Our liability is limited to the cost of the trip. We are not liable for any indirect, consequential, or incidental damages arising from your participation in any of our trips, including delays, lost or damaged baggage or items, cancellations, or personal injury.

9.3. Force Majeure:
We are not responsible for any disruption, delay, or cancellation caused by a force majeure event, including natural disasters, weather events, strikes, political instability, pandemics, or other events beyond our control.

9.4 Indemnity:

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Hiking Trails Pty Ltd, its employees, directors, agents, contractors, and any third-party operators engaged in the provision of services related to your trip (collectively referred to as the "Indemnified Parties") from and against any and all claims, demands, losses, liabilities, damages, injuries, expenses, or costs (including legal fees) arising directly or indirectly from:

 

 

• Your participation in the hiking trip or any associated activities.
• Any acts or omissions by you that result in harm or damage to yourself, other participants, the environment, or third parties.
• Any injury, illness, or death sustained during the trip, including while traveling to and from the trip destination.
• Any negligence, breach of duty, or violation of these Terms and Conditions on your part or by any third party engaged in the delivery of services for your trip.
• Any damages or losses caused by natural disasters, adverse weather, political instability, or other force majeure events that disrupt the trip.

9.5 Release of Liability:
You hereby release, waive, and discharge the Indemnified Parties from any and all claims or liabilities arising from your participation in any trip or activity organized by Hiking Trails Pty Ltd. This release extends to and includes any liability for personal injury, illness, death, or loss of property, regardless of whether caused by negligence, gross negligence, or any other act, omission, or condition beyond the control of Hiking Trails Pty Ltd or the Indemnified Parties.

9.7 Acknowledgment:
You acknowledge that you have read, understand, and voluntarily accept the terms of this indemnity and release. You further agree that this indemnity will apply to any claims or actions that may arise in the future in connection with your participation in the trip.

10. Code of Conduct

10.1. Behavior:
You agree to conduct yourself in a manner that does not disrupt the enjoyment, safety, or well-being of others. The Company reserves the right to remove any participant from the trip who engages in disruptive, abusive, or inappropriate behavior.

10.2. Environmental Responsibility:
We are committed to sustainable travel and responsible tourism. You are expected to respect the environment and local cultures during the trip. This includes following Leave No Trace principles, respecting wildlife, and avoiding any actions that may harm the natural environment.

11. Privacy and Data Protection

We respect your privacy and are committed to protecting your personal data. By booking a trip with us, you consent to the collection, use, and processing of your personal data as described in our Privacy Policy, which is available upon request.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. Any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.