Avela Foundation Information Pack AvelaKilimanjaro_Information Pack | Page 12

Inspired Adventures booking conditions
THE CHALLENGE
In completing and submitting the Booking Form, you agree to be bound by these conditions of contract
between Inspired Adventures Pty Ltd ABN 46 125 426 468 (“Inspired Adventures”), Inspired Travel Pty Limited
ABN 70 152 488 250 (“Inspired Travel”) and you. These conditions of contract are: (a) to be read consistently
with the Booking Form; (b) to apply to the exclusion of any terms or conditions not set out in the Booking
Form; (c) to be effective unless varied in writing and signed by a person so authorised by Inspired Adventures
and Inspired Travel; and (d) to override the terms of any previous dealings with you.
Please read these conditions of contract carefully.
1. How to Book: To participate in this Challenge, you must pay a non-refundable registration fee of
USD$145 including GST. This fee is payable to Inspired Adventures upon registration. You must pay the half
travel balance, which is inclusive of the non-refundable travel deposit of USD$615 including GST. This is
payable to Inspired Travel in December 2018 or 6 weeks after registration. If you register less than 17 weeks
prior to the departure date, you must pay the half travel balance immediately upon registration. Your
registration for the Challenge will take effect once your registration fee has cleared. Places are limited on
the Challenge and are allocated on a first come, first served, basis.
2. Payments and Fundraising: Eligibility to take part in this Challenge is contingent upon you raising the
minimum Fundraising Target. The balance of your Fundraising Target payments must be lodged no later than
4 weeks prior to the departure date. Travel costs are based on arrangements departing from the published
departure city/cities in Australia and exclude travel insurance & visa fees. Inspired Travel may be able to
arrange travel from other cities in Australia, and if so, a surcharge will apply. Registered participants will be
required to cover additional travel or accommodation costs required as a result of departing from other than
the published departure city/cities in Australia. The cost of your travel package must be paid as per the due
dates and amounts set out in your conditions of contract with Inspired Travel. Failure to lodge the
Fundraising Target on or before the required date will render you ineligible to depart on the Challenge, and
you will forfeit in full the USD$145 registration fee paid to Inspired Adventures, the USD$615 travel deposit
paid to Inspired Travel, and your place on the Challenge. All funds raised in the name of the Charity must be
forwarded immediately to the Charity along with supporting documents as outlined in the ‘Conditions of
Fundraising’. Inspired Adventures, Inspired Travel, and the Charity reserve the right to refuse your
Application to participate in the Challenge for non-compliance with this requirement.
3. Cancellations: If you wish to cancel your participation in this Challenge, you must notify Inspired
Adventures and Inspired Travel in writing. The following charges will apply: You will automatically forfeit your
registration fee (USD$145), your travel deposit (USD$615), as paid. Other fees may apply as per the Inspired
Travel booking conditions. You may also incur an USD$540 withdrawal fee payable to the Charity. If there are
too few participants on your Challenge or if there are other reasons that the Challenge should not proceed
as scheduled, Inspired Adventures and /or the Charity have to cancel the Challenge, and reserve the right to
offer you alternatives. If the Challenge is cancelled, and any alternatives offered are not suitable, you will be
refunded any monies paid to Inspired Adventures, less an administration fee of USD$50. You may be entitled
to full or partial refund on monies paid to Inspired Travel dependent on the booking conditions. In the event
that your chosen Challenge is cancelled and you are given the option of transferring to another Challenge,
these transferred Challenges must be taken within 12 months, or your place on the Challenge will be forfeited.
4. Disclaimer: You accept that:
• Should your Application to register be refused, the full registration fee will be refunded to you;
and
• Inspired Travel will not be liable for any breach of any law by you or any person with whom you
travel on the Challenge; and
• you may not rely on any representations concerning the Challenge made by Inspired Travel which are
not contained in these booking conditions.
5. Release and Waiver of Liability: In consideration of Inspired Adventures and the Charity accepting your
application to register, and in consideration of you being permitted by Inspired Adventures and the Charity
to participate in the Challenge: to the extent permitted by law, you waive any and all claims you may now
or in the future have against Inspired Adventures, Inspired Travel and the Charity, their officers, employees,
agents or representatives (“the promoters”) and release from all liability and agree not to sue the promoters
for any personal injury, death, property damage or loss sustained by you as a result of your participation in the
Challenge, other than caused by the reckless conduct or wilful act of the promoters. You acknowledge that the
Challenge involves adventure activities and accept all the inherent risks associated with such activities and the
heightened possibility of: (a) death; or (b) physical or mental injury (including the aggravation, acceleration or
recurrence of such an injury); or (c) the contraction, aggravation or acceleration of an illness or disease; or (d)
the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance,
occurrence, activity, form of behaviour, course of conduct or state of affairs – in relation to you: (i) that is or
may be harmful or disadvantageous to you or to the community; or (ii) that may result in harm or disadvantage
to you or to the community. The consumer guarantees for the supply of recreational services are excluded
to the extent permissible by section 139A of the Competition and Consumer Act 2010, and section 5N of
the Civil Liability Act 2002 (NSW) and the equivalent provisions of the other States and Territories in Australia.
6. Bookings made in Victoria: This condition and the following statutory warning apply if the booking is
made in Victoria, in addition to the provisions of section 139A of the Competition and Consumer Act 2010.
This is a contract is for the supply of recreational services. Except to the extent permitted by section 139A
of the Competition and Consumer Act 2010 the services supplied by Inspired Adventures, Inspired Travel,
the Charity and their officers, employees, agents or representatives pursuant to this contract come with
guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a termination of
contract for a major failure and compensation for any other reasonably foreseeable loss or damage.
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 - (a) are rendered with due care and skill; and (b) are reasonably
fit for any purpose which you, either expressly or by implication, make known to the supplier; and (c) 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 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.
7. Jurisdiction: This agreement and the rights and obligations of the parties will be construed and take effect
in accordance with and be governed by the laws of:
• Victoria, in the case the of a booking made in the state of Victoria, or
• New South Wales, in the case of a booking made elsewhere in Australia or worldwide.
8. Privacy: In order to be able to supply services to you, Inspired 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.
9. Image and Likeness: You grant Inspired Adventures the right to take photographs and videos of you and
your personal effects in connection to your participation on a Challenge. You authorise Inspired Adventures,
its assigns and transferees to copyright, use and publish your image and likeness in print and/or electronically
for marketing purposes, and the like.
Inspired Travel terms and conditions
THE TRAVEL ARRANGEMENTS
This Challenge is operated by Inspired Travel Pty Limited ABN 70 152 488 250 (“Inspired Travel”). Please read
the following terms and conditions carefully. You must not book unless you understand and agree with the
following terms and conditions. References to “us”, “we”, “our” in these booking terms and conditions shall
be a reference to Inspired Travel.
1. Prices: All prices are subject to travel availability and can be withdrawn or varied without notice. Please
contact your consultant for current prices.
• The price is only guaranteed to be available when receipt of full payment has been confirmed. Please
note that prices quoted here are subject to change and will be re quoted until the time full payment is
received.
• After the time full payment is received, price increases may occur by reason of factors outside our
control which result in an increase in the cost of the product or service. Such factors include
adverse currency fluctuations, fuel surcharges, taxes and airfare increases.
• Airline taxes are confirmed at the time your airline ticket is issued. There may also be local
taxes, air passenger duties, entry charges or visa fees charged at some airports. These are payable
by you, as and when they become payable.
2. Refunds, Changes and Cancellation Fees: Fees and extra charges will apply where a booking is
changed. Fees and extra charges will also apply when tickets or documents are re-issued. Cancelled
bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of
whether or not travel has commenced. Where we incur any liability for a cancellation fee or charge for any
booking which you cancel, you agree to indemnify us for the amount of that fee or charge.
Some of the specific terms which may apply if you cancel or change your booking are as follows:
Cancellation Fees: If you wish to cancel your booking the following conditions apply:
• Your USD$615 travel deposit, which is non refundable and non transferable, will be forfeited
• A USD$550 cancellation fee will be payable if cancellation occurs between 90 and 120 days prior
to the departure date;
• If the cancellation occurs within 90 days prior to the departure date, all travel costs, including the
deposit, will be forfeited;
• Ex Australia airfares and stopover accommodation will be subject to the cancellation and amendment
fees set by the specific airlines /hotels concerned;
• We are unable to provide a refund to you until we receive the funds from the relevant
supplier.
Amendment Fees: If you wish to amend your travel arrangements the following conditions apply:
• USD$50 amendment fee will be charged if travel arrangements are amended within 90 days prior
to the departure date
• Name changes are not permitted after full payment has been made. It is your responsibility to ensure
that the name on your itinerary matches the name on your passport before making the payment; and
• amendments to flights after full payment has been made will incur a fee of USD$200 per person plus
any applicable difference in airfare charges and taxes.
3. Deposit and Final Payment: You will be required to pay a USD$615 travel deposit at the time of booking.
To the extent permitted by law all deposits are non-refundable. Final payment is required no later than 90
days prior to departure date unless otherwise stated. Some airfares or services must be paid in full at the
time of booking.
• Payments by Credit Card: Credit card surcharges of 1.5% for Visa, Mastercard and 2.5% for
American Express credit cards will apply when paying by credit card. If for any reason any travel
service provider is unable to provide the services for which you have contracted, your remedy lies
against that provider, and not against Inspired Travel. In the event that payment has been made to
Inspired Travel by credit card, you agree that you will not seek to charge back your payment.
• Payments by Cheque: Please note that payments by cheque (including bank cheques) require 5
business days to process. If you are paying by this method you will need to make the payment at
least 5 business days prior to the actual due date. You agree not to stop payment of the cheque
even when you cancel a booking. You agree that we may apply the proceeds of the cheque to
satisfy any liability you have to us, including any liability in respect of cancellation fees, before
refunding the balance to you.
4. Travel Insurance: Travel Insurance is compulsory for all travellers participating in a Challenge. The
travel insurance must be comprehensive and must cover accidents, injury, illness and death, medical and
hospital expenses, including any related to pre-existing medical conditions, emergency repatriation (including
helicopter rescue and air ambulance where applicable) and personal liability. It is recommended that the travel
insurance covers loss of deposit, cancellation, curtailment and loss of personal property. The travel insurance
is to cover the duration of, and place of the Challenge. You must carry proof of travel insurance with you, and
produce it if reasonably requested by Inspired Travel, its employees and agents. Inspired Travel reserves the
right to cancel or suspend your participation on a Challenge or in certain activities that comprise part of a
Challenge, at any time including at or after the commencement of the Challenge, with no right of refund, if you
are unable to provide proof of travel insurance when requested.
5. Agency: Inspired Travel acts as a travel agent only. Inspired Travel sells various travel related products
on behalf of numerous transport, accommodation and other wholesale service providers, such as airlines,
coach, rail and cruise line operators. Inspired Travel is responsible to make travel bookings on your behalf
with travel service providers. We have no responsibility for the provision of these services nor do we make or
give any warranty or representation regarding their standard. All bookings made are subject to the terms
and conditions and limitations of liability imposed by the service provider. If the service provider is unable to
provide the services for which you have contracted, your remedy lies against the service provider and not
against Inspired Travel.
6. Liability waiver: We do not accept any liability of whatever nature, whether in contract, tort or otherwise,
for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have
no direct control. Under circumstances where liability cannot be excluded, such liability is limited to the value
of the purchased travel arrangements. We do not accept any liability in contract, tort or otherwise for any
injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly
or indirectly by force majeure or any other event which is beyond our control and which is not preventable by
reasonable diligence on our part.
You acknowledge your journey will have the usual risks of travel and, in some cases, additional risks that
are associated with adventure activities and the specific nature of your Challenge. You accept these risks
and the possibility of personal injury, death, property damage or loss which may result from your decision to
participate in the Challenge. You agree that should you be affected by any sickness, serious injury or other
unforseen circumstance that Inspired Travel, and/or any of our overseas partner operators, can arrange any
urgent medical treatment or emergency evacuation as deemed necessary for your safety and that all such
costs will be borne by you and/or your travel insurer.
7. Change of arrangements: You acknowledge that travelling with Inspired Travel requires a degree of
flexibility, good humour, and an understanding that the itinerary, accommodation, and/or modes of transport
may change, even after 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 Inspired Travel’s control or
which simply cannot be foreseen. Inspired Travel does not accept any responsibility for loss of enjoyment,
delays or compensation resulting from circumstances beyond Inspired Travel’s control.
Inspired Travel reserves the right to change any part, or the whole, of the arrangements contained within
the tour plan, should conditions or circumstances beyond our reasonable control determine such action
necessary. In such cases, we will use our reasonable endeavours to provide alternatives of the same
standard, quality and duration as the original itinerary. You will have the right to cancel your tour, in which case
your deposit will be forfeited. Furthermore, if you cancel, you will be liable under certain supplier cancellation
policies.
8. Trip Notes: The information about trips given in Trip Notes and Pre-Departure Information is subject to
change. It is your responsibility to review the up-to-date Trip Notes and Pre-Departure Information. These
can be obtained from Inspired Travel. The information and conditions in the Trip Notes and Pre-Departure
Information is 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 of such changes.
9. Special Requirements: Please liaise with your travel consultant regarding any special requirements you
may have for your travel arrangements such as special meal and seating requests.
10. Frequent Flyer: Please advise your consultant of your frequent flyer membership details for inclusion in
your booking. Please check your frequent flyer program for specific terms of your membership. We cannot
guarantee that the supplier will credit you with points for your booking.
11. Passports & Visas: All travellers must have a valid passport for international travel. Many countries
require passport validity at least 6 months validity from the date of return. All loss incurred as a result of such
documents not meeting the requirements will be your sole responsibility.
If you need information regarding visa and other travel document requirements for your trip please let us know.
We can obtain such information from an external visa advisory service provider engaged on your behalf. We
do not warrant the accuracy of such information and accept no liability for any loss or damage which you
may suffer in reliance on it. If you wish, we can obtain visas for you through this external service and fees will
apply. If you are traveling to the United States please see https://esta.cbp.dhs.gov for information regarding
pre-registration for their visa waiver program.
12. Travel Advice: For travel advice, please visit the Department of Foreign Affairs and Trade website at
www.smartraveller.gov.au, and register with them.
13. Health: You must ensure that you are aware of any health requirements for your travel and ensure that
you carry all necessary vaccination documentation. Please check with your local doctor or specialist travel
vaccination clinic.
14. Travel Documents: Travel documents include (without limitation) airline tickets, hotel vouchers, tour
vouchers or any other document (whether certain conditions and/or restrictions including (without limitation)
being non-refundable, non-date- changeable and subject to cancellation and/or amendment fees. Travel
documents cannot be transferred to another person to use. All airline tickets must be issued in the name of
the passport holder. An incorrect name on a booking may result in an inability to use that booking and the
booking being cancelled or amended. Any errors in names, dates and timings on your documentation will be
your responsibility. It is your responsibility to collect all travel documents prior to travel.
As a general rule your travel documents will be available for collection 2 weeks prior to departure. However
this will depend on your individual arrangements. Please contact your travel consultant to confirm when your
documents will be ready for collection.
15. Governing Law: If any dispute arises in relation to the agreement between you and us as constituted by
these terms and conditions or otherwise, the laws of New South Wales, Australia will apply. You irrevocably
and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and waive
any right that you may have to object to an action being brought in those courts.
I acknowledge that I am 18 years of age or older.
I have read, understand and agree to the Terms and Conditions set out in this form.
Full name
Signature
Date