Booking Terms and Conditions for Australian Walks
Booking Terms and Conditions for Australian Walks
These Terms and Conditions apply to all Australian travel walk bookings, advice and reservations managed, provided, marketed, or sold by Hiking Trails Pty Ltd trading as ‘HikingJapan.com‘, ‘Hiking Trails Australia‘ and ‘Hiking Trails‘ acting as a “travel service”, “advisor” and/or “booking agent”;
- HikingJapan.com and Hiking Trails, and the HikingJapan.com and HikingTrails.com.au websites are trading names and websites of Hiking Trails Pty Ltd ACN 635 598 033, registered in Victoria, Australia.
- Hiking Trails acts as a reseller for Third Party Operators and Services Providers to deliver Australian Walking holidays and travel bookings.
- Accepting a quote and/or paying an amount towards your booking defaults acceptance of the Hiking Trails Pty Ltd Booking Terms and Conditions.
- Accepting a quote and/or paying an amount towards your booking defaults acceptance of the Hiking Trails Pty Ltd Travel Booking Terms and Condition
- The Booking Terms and Conditions and Booking Cancellation and Change policies, restrictions, and fees of the 'Operators' of your Australian walking booking will apply to all Australian travel bookings.
- Hiking Trails Pty Ltd acts as an ‘Agent’ for and not as the ‘Operator’ for walks in Australia. As such once a booking is confirmed all of the Operators own Terms and Conditions, and Policies will apply, and any Change or Cancellation requests should be made directly with the Operator.
- A Booking is confirmed once part or full payment has been paid made by the Customer (you) to the Agent (Hiking Trails Pty Ltd).
- Hiking Trails Pty Ltd and their Staff and Directors will not be liable for any loss, damage or delay arising from any event beyond their control.
- Prices shown on this site are listed as a guide only. All components are subject to availability at the time of booking and to Operator pricing at the time of booking. Prices vary with season, holidays, and demand.
- An 'Operator' is any business that Hiking Trails Pty Ltd engages to deliver part of your booking. This includes but is not limited to accommodation, local booking agents, travel service providers, and travel support providers.
- When components of your travel and / or hike are booked for you by Hiking Trails Pty Ltd with or through external operators such as but not limited to accommodation, meals, transfers or local support, these have been booked in good faith by Hiking Trails Pty Ltd for you, and Hiking Trails Pty Ltd should not be held at fault or liable for the non-delivery of products or services for whatever reasons by these Operators.
- Prices quoted for Australian walking bookings include Australian GST.
- Hiking Trails Pty Ltd will not be liable for any closures, cancellations, disruptions or otherwise to your travel plans due to weather, Coronavirus and other pandemic events and subsequent flight, travel or border restrictions, political or other events, force majeur, war, natural events or disaster, foreclosure, terrorism, or other factors beyond their control.
- Hiking Trails Pty Ltd as the booking 'Agent' is not liable for any injury or loss to person or property in any way linked to the delivery of this booking.
- Hiking Trails Pty Ltd is a service based business and reserves the right to collect a booking commission and/or include a non itemised ‘booking management fee’ in travel package pricing.
- Hiking Trails Pty Ltd acknowledges the seriousness and importance of adhering cautiously to dietary requests and specific allergens and allergies, and whilst Hiking Trails makes every endeavour to cater for specific dietary requests and allergies, and select only accommodation and meal plan Operators who agree that they can cater for your specific requests, Hiking Trails Pty Ltd should not be held accountable or liable for any reaction, omission, exposure or error as a result of third party meal providers.
- Hiking is a physical endurance activity generally in a mountain environment. Hiking Trails Pty Ltd makes no warranty in regard to a Customers physical preparedness or appropriate health, fitness, age, clothing, and equipment. Information is readily available on the length and elevation of daily walks.
- Hiking Trails Pty Ltd recommends that if you have past or current medical conditions or injuries or have any other known health concerns or risks, that may impair or impact your ability to complete the walk or provide risk to you, that you speak to your GP or medical professional prior to booking.
- Given the remoteness of many walking and hiking adventures, Hiking Trails Pty Ltd recommends that guests with severe allergies or dietary restrictions, or pre-existing injuries or medical conditions consult their GP, medical professional, and/or Dietician prior to booking.
- In addition to any 'Operator' Booking Cancellation fees, charges, or forfeitures, Hiking Trails Pty Ltd may withhold a booking cancellation fee to offset time and costs incurred processing your booking, for bookings confirmed after 1 January 2021 these Hiking Trails Pty Ltd fees are; $200 AUD for the first guest on the booking and $50 AUD for each additional guest on the booking.
- In addition to any 'Operator' Booking Change fees, charges, or forfeitures, Hiking Trails Pty Ltd may withhold a booking change fee to offset time and costs incurred processing your booking, for bookings confirmed before 1 January 2021 these Hiking Trails Pty Ltd fees are; $100 AUD for the first guest on the booking and $50 AUD for each additional guest on the booking.
- The Terms and Conditions of Hiking Trails Pty Ltd are governed by the laws of the State of Victoria, Australia unless otherwise specified above
Hiking Trails Pty Ltd highly recommends that you purchase Travel Insurance.
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.