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Terms and Conditions

 

AURORA ADVENTURES BOOKING TERMS AND CONDITIONS - Please note that there are specific terms & Conditions for the hike4hunger Canberra to Kozzie trek and the hike4hunger Kokoda trek 2012.  Please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it to obtain copies of those terms & conditions

This agreement is made between Aurora Adventures Management Pty Ltd t/As Aurora Adventures (Us/We) and You (You/Your). The Dictionary in clause 18 sets out the meaning of special terms used in this Agreement.

1. BOOKING

1.1 By booking with Aurora Adventures Management Pty Ltd ACN 151 721 872 t/As Aurora Adventures (Us/We) You accept these Terms and Conditions.

1.2 At the time of booking with Us, You agree to submit to Us the following documentation:

(a) Your Booking Application documents;  and

(b) Your Booking Deposit.

1.3 You confirm that the Registration Form is complete and accurate and that You will provide us with written confirmation, as soon as possible before the Date of Departure, if any of the details provided on the Registration Form have changed.

1.4 We reserve the right to refuse your Booking Application and our decision to do so will be final and binding. Should your Booking Application be refused your full registration fee will be refunded to you.

>2. TERM

2.1 This agreement shall commence when you have been issued with a Booking Confirmation Invoice.

2.2 This agreement will terminate upon the Return Date or sooner if terminated in accordance with clause 5.

3. PAYMENT TERMS

3.1 In order to participate in the Trek You must make the Payments to Us. Payments means the following payments:

(a) Booking Deposit of AUD $1,000 payable by You in two instalments, one at the time that You submit Your Booking Application to Us of $500 and the balance within 30 days of that submission; and

(b) A payment of 50% of the Balance Trek Fee to be paid 90 days before the Date of Departure; and

(c) The remaining 50% of the Balance Trek Fee to be paid 60 days before the Date of Departure.

3.2 You acknowledge that any Payments which You make to Us:

(a) are in payment of the Trek Fee (and relevant expenses) only; and

(b) may include Your flights only if it is expressly stated in the Promotional Materials and on Your Booking Deposit receipt; and

(c) are not provided to any charity or charities which We may be affiliated with.

3.3 Trek costs are based on Your departure from the published departure city and include travel insurance. Other included and excluded costs are defined in the Promotional Material and set out on Our Website, but in the event of any inconsistency, what is set out on Our Website prevails.

3.4 All flight prices, flight dates and flight times are subject to availability and can be varied or withdrawn without notice.

4. FUNDRAISING

4.1 To be eligible to participate in the Trek you must meet the eligibility criteria set out in the Fundraising Kit relevant for Your Trek and you must reach the minimum Fundraising Targets required by the charity.

4.2 You agree to set up an online fund raising portal through Every Day Hero. All monies which You raise in the name of the charity, which are not received through the Everyday Hero Portal, must be forwarded immediately to the charity. You agree that it is Your responsibility to collect and send all monies raised to the charity.

4.3 We will not accept payment of any monies raised for the charity, nor do We take part in raising funds for the Charity.

4.4 You agree to abide by all rules notified to You by Every Day Hero (and any other charity for whom You choose to collect) in relation to Your fundraising.

5. CANCELLATION AND CHANGES

5.1 You may cancel Your Trek at any time by written notice.

5.2 We start to incur costs from the moment you make your booking. You therefore agree to forfeit Your Booking Deposit and any other Payments paid by You to Us for the Trek, at the time of cancellation, if You cancel Your Trek.

5.3 If Your cancellation is covered under the terms of Your insurance policy, You may be able to reclaim part of all of the forfeited Payments. It is Your sole responsibility to make a claim under Your insurance policy.

5.4 We accept no liability for any acts or omissions of your insurance company.

5.5 If there are too few participants on Your Trek or for any other reason We have to cancel the Trek, We reserve the right to cancel the Trek and offer you an alternative Trek. In the event that an alternative Trek is not suitable, You shall be refunded all monies paid to Us unless clause 14 applies.

5.6 However, if You decide to take the alternative Trek, You must take the alternative Trek within 12 months from the date that Your Trek is cancelled, or Your position on any Trek will be forfeited.

5.7 We may terminate this Agreement by written notice to You if You fail to make any payment due to Us or the charity in accordance with the terms of this Agreement.

5.8 We may terminate this agreement by written notice to You if You breach any of the terms of this agreement

5.9 If notice is given by Us pursuant to clause 5.7 or 5.8 or if clause 14 applies, We are to be regarded as discharged from any further obligations under this Agreement .

6. HEALTH

6.1 If We discover that You have not declared a medical problem or disability, and the problem or disability would have led to Us refusing Your booking or have caused Us to cancel your booking:

(a) You agree to pay to us any reasonable costs and expenses which we incur of or incidental to or arising out of that; and

(b) You acknowledge that you will be withdrawn from the Trek and that We will not provide You with any refunds; and

(c) You agree to indemnify us against any consequential costs, claims, losses and expenses arising including costs of repatriation e.g. flights and legal expenses.

6.2 We reserve the right to request or seek confirmation from a medical expert approved by Us that You are fit to travel.

6.3 We reserve the right to withdraw You from the Trek without any refund or compensation if Our medical expert determines that You are not fit to travel.

6.4 We are not responsible for ensuring that You have received the required vaccination or health requirements for Your Trek. Please consult Your local General Practitioner or specialist travel vaccination clinic for advice.

6.5 Unless you provide Us with written notice stating otherwise, We will assume that you are fit and in good health and are not aware of any reason why you may be unable to participate in the Trek.

6.6 By signing the Booking Application form, You confirm that You are aware of, understand and consent to the potential physical demands of the Trek and You declare yourself to be sufficiently physically fit and medically healthy to participate safely.

6.7 You acknowledge that Your Trek is physical and there are environmental hazards you may encounter. We reserve the right to exclude You from the Trek if You:

(a) fail to comply with the Trek Leader’s instructions, provided that we exercise our discretion reasonably in this regard; or

(b) break any law or regulation of the place(s) in which Your Trek takes place; or

(c) conduct Your fundraising in an unethical and/or illegal manner.

6.8 If any of the events in clause 6.7 above occurs, you agree to reimburse to Us any reasonable costs, losses or expenses which We incur or suffer as a result of Our decision to exclude you.

7. INSURANCE

7.1 You must be covered by personal travel insurance.

7.2 We will arrange travel insurance for You within seven (7) days of clearance of Your Booking Deposit. The Product Disclosure Statement will be provided to You with Your receipt.

7.3 We do not warrant the sufficiency or otherwise of the travel insurance referred to in clause 7.2 above.

7.4 If You wish to take out Your own travel insurance (“Your Policy”) then You must inform Us of this decision when You pay Your Booking Deposit.

7.5 If You choose not to take out the insurance referred to in clause 7.2:

(a) You are responsible for ensuring that Your Policy covers You for all activities which may take place during the Trek;

(b) We reserve the right to, but are not required to:

(i) inspect Your Policy to ensure that You have adequate insurance for the Trek; and

(ii) either:

(A) refuse to allow you to embark on the Trek; or

(B) require you to obtain adequate insurance coverage,

if We believe (acting reasonably) that Your Policy is inadequate and/or does not satisfy the requirements of Aurora Adventures; and

(c) full details of Your Policy, including the policy number and travel insurance company, must be provided to Us prior to You commencing training.

8. PASSPORTS, VISAS AND DETAILS FOR FLIGHTS AND TRAVEL

8.1 You are responsible for ensuring that You have a valid passport, and any necessary visas and re-entry permits. Any expenditure incurred by You (including fines and penalties), as a result of You failing to obtain the correct documents are Your responsibility.

8.2 For some treks, We may arrange some of Your travel including flights.  You are solely responsible for ensuring (and We will accept no responsibility whatsoever arising in any way out of Your failure to ensure) that all details You provide to Us about You, and any other details required in order for Us to arrange that travel, are complete and correct.

9. DISCLAIMER

9.1 Aurora Adventures reserves the right to refuse Your Booking Application. You accept that this decision is final and binding.

9.2 We will not be liable for any breach of law committed by You or any person with whom You may travel on the Trek.

9.3 Our advertising is prepared in advance of the Trek. While we have made every effort to ensure that the information about prices and Trek details are free from error, We do not warrant the accuracy, adequacy or completeness of that information. At the time of booking, we will inform You of any changes to the Trek that we are aware of at the time.

10. RELEASE AND WAIVER

By signing the booking form, You:

(a) agree to waive any and all claims against Us, our officers, employees, agents or representatives (“Staff”);

(b) acknowledge that the Trek is a physical challenge which involves inherent risks of injury, death, property damage or other loss; and

(c) release Us from all liability and agree not to take legal action against Us or our Staff for any personal injury, death, property damage or loss sustained during or arising in any way out of Your participation in the Trek (even if it arises in any way out of other things or breaches of Your rights).

11. AUSTRALIAN CONSUMER LAW WARNING

11.1 The Australian Consumer Law implies the following guarantees into this agreement:

(a) Guarantee that services will be rendered with due care and skill; and

(b) Guarantee that the services are reasonably fit for the purposes specified by the consumer.

11.2 Section 64(2) of the Australian Consumer Law allows Us to ask You to agree that the conditions listed at 11.1(a) and 11.1(b) above do not apply to You.

11.3 By signing the booking form, You agree that Your right to take legal action against Us and our Staff under the Australia Consumer Law for the guarantees listed at clause 11.1 is excluded, modified or restricted in the way set out in this agreement.

12. PRIVACY

12.1 Our Privacy Policy is available on our Website.

12.2 By submitting Your Booking Application documents You agree that You have read and agree with the terms of Our Privacy Policy.

13. JURISDICTION

This agreement and your relationship with us pursuant to this agreement are governed by the laws of Queensland, Australia

14. FORCE MAJEURE

14.1 If We are affected by a Force Majeure, not arising out of Our own negligence, You agree that We will not be required to pay compensation to You and You will forfeit all Payments made, even if the Force Majeure leads to the Trek being partly or wholly cancelled. Please check that your insurance policy adequately covers You if a Force Majeure event occurs.

14.2 Force Majeure may include, but is not limited to, war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, epidemics and health risks, closed or congested airports, closed or congested ports or stations, poor local infrastructure, re-scheduling changes or cancellation of transport by the supplier (including flights by airlines or main charterer), transport or transport type alterations, technical failure with transport, adverse weather conditions (actual or threatened), avalanche, and Foreign and Commonwealth Office advice changing and advising against travel to the Trek destination, and any other cause or thing beyond Our reasonable control.

15. HEADINGS

The headings set out in this Agreement are for convenience only and shall not in any way affect the interpretation of this Agreement.

16. AMENDMENTS

Save as otherwise expressly set out in this Agreement, the terms of this Agreement may only be amended by a further written Agreement signed by the parties.

17. NOTICES

All notices required by this Agreement shall be made in writing and shall be in the English language and sent to the address of the recipient at the address set out at the end of this Agreement or as otherwise directed in writing by the recipient.  Notices shall be hand delivered or sent by certified mail, courier or by facsimile.  If hand delivered or sent by courier, notice will be effective on the date of receipt.  If sent by facsimile, on the date of transmission and if by certified mail, three (3) days after being posted.

18. DEFINITIONS

18.1 Booking Application means the following documents:

(a) Registration Form;

(b) Questionnaire; and

(c) Medical Clearance.

18.2 Booking Deposit means the payment of AUD $1,000 payable under clause 3.1(a).

18.3 Date of Departure means the date nominated on the invoice/receipt for deposit.

18.4 Fundraising Target means the fundraising amount set out in the Fundraising Kit.

18.5 Payments has the meaning set out in clause 3.1.

18.6 Promotional Materials means the PDF document containing details of the Treks provided by Aurora Adventures and available from This e-mail address is being protected from spambots. You need JavaScript enabled to view it or on the website www.auroraadventures.com.au.

18.7 Return Date means either the date on which You return to Australia as detailed on the Promotional Materials and as provided on Your Booking Deposit Invoice

18.8 Trek means the Trek detailed in the Promotional Materials.

18.9 Trek Fee means the sum payable for the Trek as set out in the Promotional Materials.

18.10 Balance Trek Fee means the Trek Fee less the Booking Deposit.