Booking Conditions for Adventures Outside Australia

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Please read prior to Completing the Booking Form for adventures outside Australia

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BOOKING: A 20% non refundable deposit of the trip fee is required to reserve a place on the expedition. The balance of the expedition fee must be paid for your place to be confirmed on the expedition. Full payment is due three months prior to the expedition start date. Note: A high level of fitness is required to undertake this expedition. You may be required to hike for up to 15km per day. Activities advertised on the KA7 - Kosciuszko Adventures - are located in the natural environment, primarily in an alpine environment with changeable weather conditions, and variable conditions of ice, snow and rock. Adventure activities and and the challenges of nature automatically bring a level of risk to participants. All participants are therefore advised to consider their own level of preparedness and fitness prior to engaging in activities. Whilst KA7 guides are experienced and familiar with the risks and environment, we encourage you to talk to us prior to booking an activity so that you experience maximum enjoyment. K7 Kosciuszko Adventures (KA7) ABN: 58 821 668 373 gives an absolute warranty that its guides will exercise every possible care, employ all knowledge, experience, training and skills and use appropriate equipment to ensure the utmost safety and enjoyment of its clients. KA7 does not accept liability for loss or damage suffered by participants in any activities provided by KA7 except where KA7, its guides or agents have been negligent. KA7 also does not accept liability for negligence by third party persons providing goods and services. K7 Kosciuszko Adventures, PO Box 593 Jindabyne, NSW 2627 Page 3 Terms and Conditions In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between K7 Kosciuszko Adventures and you. These conditions apply to the exclusion of any other terms or conditions unless they are set out in the Booking Form or are otherwise agreed to in writing by the parties. Previous dealings between the parties will not vary these conditions. No purported variation of these conditions will be effective unless in writing and signed by a person so authorized by K7 Adventures. 1. How to book. To reserve your place on one of the expeditions, you should complete the Booking Form and send it, together with the non-refundable deposit. 2. Prices The prices quoted on our website represent the most current prices, are per person and are subject to minimum numbers. Where minimum numbers are not met by the payment date, a small group surcharge will be offered to ensure the trips operation. Refer to the trip notes for the price validity. For departures past the validity date, an increase is likely due to local inflationary pressures on operational costs. Refer to the trip notes for all tour inclusions and exclusions. Once you have paid a deposit for your trip any subsequent discounts or price reductions that are advertised may not be retrospectively applied. K7 Adventures tries its utmost not to increase tour prices, however sometimes increases are outside its control. K7 Adventures reserves the right to amend tour prices at any time. Amendments may be necessitated for many reasons including, but not limited to, increases in ground operator services exchange rate fluctuations, increased fuel costs, airfares, airport charges, or the need to engage alternative air or ground operators. Any increase in tour prices must be paid prior to the departure date. 3. Payment. The prices quoted in this brochure or on K7 Adventures.com are for payment by cash, bank transfer, money order or credit card. Prices quoted on this form or other forms or on K7Adventures.com are also subject to change under the conditions moreover detailed at paragraph 13 of these terms and conditions. The balance of the expedition price is payable to K7 Adventures three months prior to expedition commencement. Prices are quoted in US dollars. If payment of the balance of the expedition price is not received by K7 Adventures by the required time you will be taken as having cancelled the expedition and cancellation charges in accordance with condition 4 will apply. 4. Amendments: If you wish to make amendments to your expedition arrangements, you must notify K7 Adventures in writing. • The 20% deposit is non refundable. If your notice is received more than 84 days prior to your departure date, the balance of any expedition fees, not including the deposit, will be refunded. • If your notice is received between 84 & 56 days prior to your departure date 50% of the balance of the expedition price may be forfeited. • If your notice is received less than 56 days prior to your departure date, 100% of the balance of the expedition price will be forfeited. Note: Any requested amendment to expedition arrangements or transfer from one expedition to another is subject to availability and the agreement in writing of K7 Adventures. The transfer of a trip from one person to another is not permitted without prior written approval by K7 Adventures. 5. Cancellations. Once K7 Adventures receives your notice, cancellation will take effect subject to the following: • The 20% deposit is non refundable. • If cancellation takes place more than 84 days prior to your departure date, the balance of any expedition fees, not including the deposit will be refunded. • If cancellation takes place between 84 & 56 days prior to your departure date 50% of the balance of the expedition price may be forfeited. • If cancellation takes place less than 56 days prior to your departure date, 100% of the balance of the expedition price will be forfeited. The expedition price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to K7 Adventures by you, may be recovered from you by K7 Adventures as a debt due and payable. 6. Health & Fitness Requirements You must be in good health and physical condition and are strongly advised to follow our pre departure fitness training recommendations. If you have a pre-existing medical condition which is not well controlled and has required medical intervention in the past 24 months or are over 70 years of age, you must have your doctor complete a medical assessment to certify you as fit to participate. If you suffer from severe muscular, chest, heart, sight, hearing or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating. Expeditions are conducted in a high altitude Alpine Environment where there will be delays to accessing normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility. While we do not discriminate by age, due to the extreme nature of our mountaineering trips we strongly discourage participants over 60 years of age. K7 Adventures reserves the right in its absolute discretion to refuse a participant the right to participate in an expedition on medical or fitness grounds. 7. Medical Disclosure You declare and warrant that • you are in good health and mental and physical fitness at the time of booking this expedition and you have disclosed to K7 Adventures every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to K7 Adventures ’ decision to permit you to go on the expedition; • You must be certified as fit to undertake this expedition by your personal medical practitioner with specific knowledge of your disability. • immediately upon any adverse change in your health or fitness that may be likely to affect K7 Adventures ’ decision to permit you to go on the adventure expedition, you will notify K7 Adventures in writing of any such adverse change. • K7 Adventures is permitted to disclose medical information to our consultant doctor. • K7 Adventures ’ consultant doctor may exclude you from a expedition if he/she deems it necessary. You acknowledge that the obligation to disclose under this condition continues from the time of booking the expedition through to departure and extends for the duration of the expedition. • If you fail to comply with the duty of disclosure in this condition and if K7 Adventures would not have permitted you to undertake the expedition, or continue participation of the expedition, had you made full disclosure under this condition, K7 Adventures will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss incurred by you. 8. Expedition Leaders • In this condition, ‘nominated expedition leader’ includes both the nominated expedition leader and any other nominated person given at any time the task of leading or supervising any aspect of the expedition. • K7 Adventures ’ nominated expedition leaders take their responsibilities seriously and if for any reason a nominated expedition leader believes, in his or her absolute discretion, that you should not participate in the expedition, before your departure, even if you pass your medical, he/she may exclude you from the expedition. In this event, but subject to condition 5, you will be offered the option of taking another expedition considered suitable for you or a full refund of the purchased expedition excluding but not limited to travel & accommodation costs, gear purchases or rentals. If for any reason during an expedition the nominated expedition leader considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated expedition leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the nominated expedition leader’s instructions. In this case you will not be entitled to any refund. • K7 Adventures reserves the right to change, at any time, the nominated expedition leader of any expedition. If that happens, K7 Adventures will try to ensure that the alternative expedition leader has expertise commensurate with that of the nominated expedition leader. Any such change by K7 Adventures will not give rise to any right on your part to cancel the expedition or claim any expenses, loss or damage which may be suffered. 9. Complaints. If during the course of your trip you have a problem, please bring this to the immediate attention of the tour leader or relevant supplier (eg. Transport provider, hotelier). If your complaint is not resolved to your satisfaction, please contact your K7 Adventures consultant by email or phone and they will endeavour to assist you. If your complaint cannot be resolved locally, please follow this up in writing within 30 days of your return home by writing to the K7 Adventures office. Please keep your letter concise and to the point in order for us to quickly identify your concerns and liaise with the relevant parties to respond to you as soon as possible. 10. Cancellation due to expedition booking numbers. K7 Adventures reserves the right to cancel any expedition prior to departure in the event that there are too few people booked on an expedition in which case you will be given a full refund of the expedition price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to travel & accommodation costs, gear purchases or rentals). 11. Route changes, Postponement, Cancellation or Delay. K7 Adventures reserves the right to: • change the date of departure or conclusion of the expedition, or modify any aspect of the expedition, or • cancel or modify any expedition locations within the expedition or objectives set out in the itinerary, or • substitute different or equivalent locations within the expedition in place of cancelled or modified locations, or • postpone, cancel or delay (either in relation to the commencement and completion times or the duration of the expedition) any such aspect of the expedition if, in the absolute discretion of K7 Adventures , it is necessary to do so due to inclement weather or conditions that are otherwise likely to be hazardous or dangerous if, in the absolute discretion of K7 Adventures , there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission K7 Kosciuszko Adventures, PO Box 593 Jindabyne, NSW 2627 Page 4 of a third party prevents the expedition or the aspect of the expedition being undertaken in accordance with your booking or for any other reason considered necessary by K7 Adventures . In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the expedition price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay. 12. Itineraries and brochures Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by K7 Adventures . The information contained in K7 Adventures ’ brochures, itineraries, and internet site is, to the best of K7 Adventures ’ belief, correct at the date of publishing. 13. Insurance. Personal travel insurance is not included in the expedition price but MUST be obtained by the participant. 14. Proof of citizenship or information required to travel. It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information. It is recommended that your passport is valid for six months beyond the date of your return home to your home country. 15. Airlines and other Transport providers Any material published by K7 Adventures , the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any transport providers whose services are used or proposed to be used in the expedition of the expedition. In the event that a transport provider proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the expedition by K7 Adventures . Any transport forming part of the expedition arrangements are subject to the conditions of the transport provider, which in most cases limits the transport provider’s liability to passengers in accordance with applicable international law and conventions. The liability of K7 Adventures , any transport provider is limited so far as possible by the following conventions: Warsaw Convention 1929, as amended by the Hague Protocol and Montreal Protocol in relation to air travel; or Montreal Convention 1999; the Berne Convention for rail travel 1980; Athens Convention 1974 for carriage by sea; and the Geneva Convention for carriage by road 1978. 16. Expedition Prices Package prices are per person based on ground costs and assumptions made at the time of printing the brochure. K7 Adventures tries its utmost not to increase expedition prices (in full or part), however sometimes increases are outside its control. K7 Adventures reserves the right to amend expedition prices (or any part) without notice at any time before and including the departure date. Amendments may be necessitated for many reasons including, but not limited to, increased transport port costs, increases in ground operator service fees, or the need to engage alternative transport or ground operators. Any increase in expedition prices must be paid prior to the departure date. Should the increase of your expedition price be greater than 7% of your original expedition price, you have the right to cancel your trip and get a refund for the monies paid for your expedition. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to travel & accommodation costs, gear purchases or rentals). 17. Exclusions from expedition price Without limitation, the following items are excluded from the expedition price: • personal travel insurance; • extra meals, transport costs, accommodation costs, or other expenses not included in the itinerary; personal clothing, medical expenses & items of a personal nature; emergency evacuation and/or emergency search charges; • additional expenses caused by delay, accidents or disruption of planned itineraries; • tips 18. Force Majeure If K7 Adventures is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside K7 Adventures ’ reasonable control, K7 Adventures will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the expedition or take any other action as specified in condition 9. 19. Assumption of risk You acknowledge that: • by the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death; and • in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part; and • operational control of the expedition may be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against K7 Adventures ; and • the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury; and • the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure expedition, and • you have submitted your booking for the expedition after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself that information or advice, for the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure expedition and the accompanying risk of injury, death or property damage or loss. 20. Disclaimer You accept that: • K7 Adventures acts as a booking agent for third-party transport and ground operators and accepts no liability for the acts or omissions of those thirdparty transport and ground operators; and • K7 Adventures will not be liable for any breach of any law by any person with whom you attend the expedition; and • you may not rely on any representations concerning the expedition made by K7 Adventures which are not contained in these conditions. 21. Release and waiver of liability • In consideration of K7 Adventures accepting your booking application and in consideration of you being permitted by K7 Adventures to join the expedition to the extent permitted by law: • you release, waive, discharge, hold harmless and agree to indemnify K7 Adventures and its officers, employees, agents, licensees, guides and other representatives and the land management authorities in the countries in which the expedition is conducted (each of whom are collectively referred to as “K7 Adventures and its employees”) from all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, loss profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the expedition or any activities conducted in conjunction there within unless caused by the wilful negligence or wrongful act of K7 Adventures and its employees; and regardless of the situation or circumstances giving rise to the claim you waive any claims you have, or may at any time have, against K7 Adventures and its employees and you agree, by accepting the additional inherent dangers and risks associated with the expedition, not to make any claim against or seek any compensation from K7 Adventures and its employees in respect of any personal injury, illness or death suffered by you or damage to or loss of property sustained by you as a result of your participation in the expedition. To the extent permitted by law, section 74 of the Trade Practices Act 1974 Commonwealth (as amended) does not apply to this contract. If section 74 of the Trade Practices Act 1974 does apply K7 Adventures ’ liability is limited to resupplying the services or paying the costs of resupplying the services, whichever is the lesser. 22. Privacy You permit K7 Adventures to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to K7 Adventures’ representatives in order to ensure your safety and well being but will not be used by them for any other purpose. 23. Waiver A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party. If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered. 24. 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 Australia. Should any conflict arise out of the application of the present contract, the Court of the province of Australia will, at the exclusion of any other jurisdiction, proceed with all claims arising.