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 from this adventure or sooner or later if terminated or extended in accordance with the terms of this agreement.
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 funds as per trek booking form or such agreed amount if deposit is subject to a discount, payable by You; and
(b) A payment of the Balance Trek Fee to be paid on invoice 120 days before the Date of Departure or such due date on invoice if issued inside 120 days 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 but may not; and
(c) are not to be provided to any charity or charities which We may be affiliated with as we are unable to collect fees for the charity. All funds raised must be paid directly to the charity or through their fundraise online portal as advised at the time of booking.
3.3 Trek costs are based on your departure from the published departure city and include travel insurance only where expressly indicated in the trek material stated on our website for your adventure. 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 the promotional website brochure and our newsletters from time to time advising of optional extras will prevail.
3.4 Where flights are included all flight prices, flight dates and flight times are subject to availability and can be varied or withdrawn without notice.
4. FUNDRAISING (not relevant to non-fundraising treks)
4.1 If you adventure is a designated fundraising adventure you agree that the purpose of the adventure challenge is a charity event to raise awareness and funds for our charity partner. As such you agree to make your best endeavours to raise funds for this charity during the lead up to your adventure challenge.
4.2 You agree to set up an online fundraising portal the details of which will be provided by the Charity where appropriate. All monies which You raise in the name of the charity, which are not received through that secure 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 legally cannot accept payment of any monies raised on behalf of the charity directly so we ask that you forward all funds raised to the charity as advised.
4.4 You agree to abide by the rules notified to You by the charity for whom you are collecting funds in relation to Your fundraising
5. CANCELLATION AND CHARGES
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 subject to cancellation under the health provisions in relation to COVID19 of this document at paragraph 6 below .
5.3 If Your cancellation is covered under the terms of Your insurance policy, You may be able to reclaim part or 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 this agreement is terminated in accordance with the clause relevant to force majeure.
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 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, 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 in your pre-trek questionnaire and medical clearance form, and the problem or disability would have led to Us refusing Your booking or have caused Us to cancel your booking including failure to provide confirmation of current double dose vaccinations for COVID19 or as declared by the Qld Health from time to time:
(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 if required.
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 Whilst we will give you general advice and guidance We are not responsible for ensuring that You have received that required vaccinations for your trek or taken adequate medical precautions for medical condition such as Malaria, covid, dengue etc (where travelling in other countries or subject areas) for Your Trek. You agree to consult Your local General Practitioner or specialist travel vaccination clinic for specific advice in relation to these issues relevant to you.
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 completing 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) if fundraising you conduct Your fundraising in an unethical and/or illegal manner;
(d) if you present with any COVID 19 symptoms at the time of departure or on our survey prior to departure; have been diagnosed with COVID19 within 7 days of departure or awaiting the results of COVID19 testing; have been asked to self isolate by your state Department or Health within 7 days of departure.
6.8 If any of the events in clause 6.7 (a) (b) (c) 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.
6.9. if any of the events in clause 6.7 (d) above occurs, we will transfer your booking payment less any costs incurred by us in relation to fixed expenses that can not be recovered by us on cancellation of your position such as prepaid accommodation, prepaid meals etc to be used on an alternate departure within 12 months of departure date or refund those balance fees less any costs incurred by us in relation to fixed expenses that can not be recovered by us on cancellation of your position such as prepaid accommodation, prepaid meals etc to you on request.
6.10 Should you be unable to travel due to border restrictions being put in place by State or Federal governments at the time of departure we will transfer your booking payment less any costs incurred by us in relation to fixed expenses that can not be recovered by us on cancellation of your position such as prepaid accommodation, prepaid meals etc to be used on an alternate departure within 12 months of departure date or refund those balance fees less those fixed costs that can not be recovered by us on cancellation of your position to you on request.
7. INSURANCE
7.1 You must be covered by personal travel insurance.
7.2 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 departure.
8. PASSPORTS, VISAS AND DETAILS FOR FLIGHTS AND TRAVEL
8.1 If travelling outside Australia you are responsible for ensuring that You have a valid passport, and any necessary visas and re-entry permits if you are travelling overseas for your adventure including any COVID19 travel requirements for the country of departure and arrival. 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 my arrange 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.
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 the 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 - specifically the Competition and Consumer Act 2010 known in this document as 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) 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. By agreeing to this document You grant Aurora Adventures and any charity or charities associated with your adventure permission to use your likeness, statement or videotapes of yourself resulting from your participation on your adventures in our/their business, corporate and/or promotional materials and addition of your contact details to our mailing lists.
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 subject to the other terms as outlined herein.
14.2 Force Majeure may include, but not limited to, war, riot industrial dispute, terrorist activity, natural or nuclear disaster, fire, epidemics, pandemics 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 email. If hand delivered or sent by courier, notice will be effective on the date of receipt. If sent by email, on the date of transmission and if certified mail, three (3) days after being posted.
18. DEFINITIONS
18.1 Booking Application means the following documents:
(a) Registration Form;
(b) Questionnaire & Terms and Conditions document; and
(c) Medical Clearance certificate.
18.2 Booking Deposit means the payment of AUD deposit as outline in the booking form for this adventure payable under clause 3.(a) or such other amount as agreed. Date of Departure means the date nominated on the invoice/receipt for deposit and/or the trek brochure/website.
18.3 Payments has the meaning set out in clause 3.1.
18.4 Promotional Materials means either the PDF document containing details of the Treks provided by Aurora Adventures and available from info@auroraadventures.com.au or on the Website www.auroraadventures.com.au
18.5 Return Date means either the date on which You return to Australia or the city of group departure as detailed on the Promotional Materials and as provided on Your Booking Deposit Invoice.
18.6 Trek means the Trek detailed in the Promotional Materials.
18.7 Trek Fee means the sum payable for the Trek as set out in the Promotional Materials.
18.8 Balance Trek Fee means the Trek Fee less the Booking Deposit.