Hiking & Snow Holiday Terms & Conditions
1. Introduction
ABN: 31 635 598 033
Postal Address: PO Box 46, Porepunkah, Victoria, 3740, Australia.
2. Payments, Deposits & Currency Fluctuations
2.1. Booking Deposit
A non-refundable deposit of $500 AUD per person is required to secure your booking for our Japan, South Korea and other international hiking and snow holiday packages. For our Europe hiking packages, a $1,000 AUD per person non-refundable deposit is required. The deposit allows us to confirm your booking with suppliers and covers administrative costs, consultation and planning, and intellectual property accessed in preparing your travel arrangements.
2.2. Final Payment
The balance of your booking price is usually due 12 weeks prior to your date of travel. In some instances, a third-party supplier may require earlier payment of the balance or a component of your booking. Where an earlier payment date applies, this will be clearly noted in your written quote and will apply to your booking.
Failure to pay the balance by the due date may result in cancellation of your booking, with forfeiture of all deposits and any non-recoverable costs incurred.
2.3. Currency Fluctuations
Prices are quoted and payable in Australian Dollars (AUD) and are based on the cost of providing the travel arrangements at the time of booking. Where Hiking Trails Pty Ltd is required to pay suppliers in Japanese Yen (JPY) or another foreign currency, changes in exchange rates between the booking date and the date final payment is due may result in an increase in the cost of delivering your booking.
A “material increase” means an increase of more than 5% in the cost of delivering the booking as a result of currency fluctuations. Where the cost of delivering a booking increases by more than 5% due to currency fluctuations, the total booking price will be adjusted by the same percentage as the increase in the cost of delivery, calculated by comparing the exchange rate on the day the booking was quoted with the exchange rate on the date Hiking Trails Pty Ltd is required to pay its international suppliers for your booking. For example, if the cost of delivering a booking increases by 7% due to currency fluctuations, the total booking price will be increased by 7%. Customers will be notified of any adjustment as soon as reasonably practicable.
If the adjustment results in a material increase, the customer may cancel the booking within 7 days of notification and receive a refund of amounts paid, less the non-refundable deposit of $500 AUD per person and any additional unrecoverable costs already incurred.
2.4. Consumer Rights
Nothing in this section limits any rights available to customers under the Australian Consumer Law.
2.5. GST and International Travel
Prices quoted for international walks and snow holidays including but not limited to Japan, South Korea, Europe and New Zealand do not include Australian GST, consistent with 'GST and international travel' guidance on the Australian Taxation Office website.
2.6. Your Authority to Book for Others:
If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms. It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed. As lead member of your party, we will deal only with you in our correspondence.
2.7. Special Payment Terms for the Nakasendo Way
For the Nakasendo Way a A $500 AUD per person non-refundable security deposit is required at the time of booking. This deposit is required before your booking can be created and the booking process will not commence until this payment has been received. Please note that as we work with a number of small local Japanese business to put together your booking, this process can regularly take up to one week. If accommodation cannot be confirmed that suits your booking, we will advise you and refund your deposit. Final payment of the balance of your trip package will then become due 12 weeks prior to the departure date. Payment is available by direct deposit or credit card online.
3. Cancellation and Refunds
3.1. Customer Cancellations
If you need to cancel your booking, please notify us in writing by email as soon as possible. The cancellation charges and refundable amounts are as follows:
- If you cancel greater than 12 weeks before departure: We will refund 100% of your trip payments, less the non-refundable deposit amount in Section 2.1.
- If you cancel between 8 and 12 weeks before departure: We will refund 50% of your trip payments, less the non-refundable deposit amount in Section 2.1.
- If you cancel less than 8 weeks before departure: No refunds will be issued for cancellations made less than 8 weeks prior to the departure date.
These cancellation terms apply to hiking and snow holiday bookings unless otherwise specified in your quote. In some instances, the cancellation terms of a third-party operator providing accommodation, lift passes, transport, activities or other services may differ from these terms. Where the third-party operator's cancellation terms apply to your booking, the applicable cancellation conditions and amended cancellation timing will be provided with your quote and will apply to the relevant component of your booking.
3.2. Agency Cancellations
In the event that Hiking Trails Pty Ltd needs to cancel a trip or snow holiday due to insufficient participants, unforeseen circumstances, or other reasons beyond our control, you will be offered a full refund or an alternative trip of equal value. We are not liable for any additional costs, including non-refundable flights or accommodation.
3.3. Force Majeure
We are not liable for cancellations or delays due to events beyond our control, including but not limited to natural disasters, strikes, political instability, weather events, typhoons, flooding, landslips, insufficient snow, resort closures, lift closures, or health crises. In such cases, we will do our best to offer alternatives where practical, but no refunds will be issued where the relevant services are non-refundable due to these circumstances.
3.4. Refund Process
Qualifying refunds for cancellations will be processed in Australian Dollars (AUD) within 7 days of the cancellation notice and receipt of suitable account details. Refunds will be made to an Australian bank account via direct deposit. All refunds will be less any transactional fees incurred, such as credit card transaction fees or other applicable fees. The customer is responsible for any bank charges, currency conversion fees, or third-party costs associated with the refund process.
4. Health and Fitness
4.1. Medical Fitness
You are responsible for ensuring that you are physically fit to participate in the hiking trips. It is important that you disclose any medical conditions or concerns to us prior to booking. Certain trips may require a medical certificate or proof of fitness to participate.
4.2. Pre-Trip Preparation
We recommend that you consult your physician before booking, especially if you have pre-existing health conditions. You should be aware of the physical demands of the trip and make sure you are adequately prepared.
4.3. Emergency Situations
In case of injury or illness during the trip, all costs related changed travel plans, medical treatment, evacuation, or other emergency services will be the responsibility of the Customer.
5. Travel Documents
5.1. Passport and Visa
You are responsible for ensuring that you have a valid passport and any necessary visas for the destination country. It is also your responsibility to comply with any vaccination or health requirements mandated by the destination country.
5.2. Travel Documents and Information
You must provide accurate personal details for booking purposes. If you provide incorrect information (e.g., a misspelled name, incorrect passport number), we may not be able to process your booking or issue travel documents.
6. Trip Itinerary and Changes
6.1. Itinerary Changes
While we make every effort to adhere to the planned itinerary, changes may be necessary due to unforeseen circumstances such as weather, safety concerns, changes made by service providers engaged as part of your booking, or logistical issues. We reserve the right to modify the itinerary, including accommodation or route changes, without prior notice.
6.2. Trip Participation
You must follow all written, verbal, and signed safety guidelines and instructions from our guides and staff. Failure to do so may result in exclusion from the trip without refund if deemed necessary for your safety or the safety of others.
6.3. Weather Disclaimer
Hiking Trails Pty Ltd is committed to providing the best possible experience for all our customers. However, we acknowledge that weather conditions are unpredictable and can have a significant impact on outdoor activities. Inclement weather, including heavy rain, typhoon events, snow, storms, or extreme temperatures, may result in changes to the itinerary, delays, or cancellations of planned hikes. In such cases, we will make reasonable efforts to adjust the schedule. However, Hiking Trails Pty Ltd is not responsible for any weather-related changes, and no refunds will be issued for activities altered or canceled due to weather conditions. Customers are advised to come prepared for changing weather conditions, and to check weather forecasts prior to departure.
7. Dietary Requests
7.1. Dietary Requirements
Customers with specific dietary needs (e.g., vegetarian, vegan, gluten-free, food allergies, religious dietary restrictions) must inform Hiking Trails Pty Ltd of their requirements in writing at the time of enquiry and prior to booking. Hiking Trails Pty Ltd will make reasonable efforts to accommodate dietary requests if presented prior to booking, but they cannot be guaranteed unless specified in advance prior to the time of booking.
7.2. Changes to Dietary Requests
Once the booking is confirmed, Hiking Trails Pty Ltd cannot accept changes or additions to dietary requirements. Please ensure that any dietary needs are clearly communicated during the booking process. Due to the limited number of, and small, local nature of the accommodation and meal providers, no new dietary requests will be accepted once a booking has been confirmed.
8. Third-Party Operators and Liability
8.1. Third-Party Services
In the course of providing the services associated with your trip, Hiking Trails Pty Ltd may engage third-party operators, including but not limited to local guides, transportation providers, accommodation suppliers, meal providers, transport services, other walk operators and tour providers, or excursion operators. While we carefully select these third-party operators to ensure the highest standard of service, we are not responsible for any errors, omissions, or changes made by these third-party providers.
8.2. Third-Party Terms and Conditions
In addition to our own Terms and Conditions, the policies, terms, and conditions of third-party operators engaged in the provision of services as part of your trip will also apply. These may include, but are not limited to, accommodation policies, activity-specific terms, transportation rules, and cancellation policies. Hiking Trails Pty Ltd will not be liable for any issues arising from the application of third-party terms and conditions, and we recommend reviewing any relevant terms provided by these operators.
8.3. Liability for Third-Party Changes
Hiking Trails Pty Ltd is not liable for any modifications to your trip that are made by third-party operators, including changes to accommodation, transportation, meals, excursions, or any other services. Any issues or disputes arising from the services provided by third-party operators must be addressed directly with the respective operator. Hiking Trails Pty Ltd will assist in facilitating communication but is not responsible for resolving such disputes.
9. Liability, Release of Liability, Indemnity and Disclaimers
9.1. Assumption of Risk
Hiking, skiing, snowboarding, snowmobiling and other outdoor and mountain activities carry inherent risks, including but not limited to injury, illness, altitude sickness, exposure to the elements, slips, trips and falls, collisions, avalanches, terrain hazards and wildlife encounters. By booking a trip, you acknowledge and accept these risks.
9.2. Limitation of Liability
Our liability is limited to the cost of the trip. We are not liable for any indirect, consequential, or incidental damages arising from your participation in any of our trips or activities, including delays, lost or damaged baggage or items, cancellations, or personal injury.
9.3. Force Majeure
We are not responsible for any disruption, delay, or cancellation caused by a force majeure event, including natural disasters, weather events, strikes, political instability, pandemics, or other events beyond our control.
9.4 Indemnity
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Hiking Trails Pty Ltd, its employees, directors, agents, contractors, and any third-party operators engaged in the provision of services related to your trip (collectively referred to as the "Indemnified Parties") from and against any and all claims, demands, losses, liabilities, damages, injuries, expenses, or costs (including legal fees) arising directly or indirectly from:
- Your participation in the hiking trip or any associated activities.
- Any acts or omissions by you that result in harm or damage to yourself, other participants, the environment, or third parties.
- Any injury, illness, or death sustained during the trip, including while traveling to and from the trip destination.
- Any negligence, breach of duty, or violation of these Terms and Conditions on your part or by any third party engaged in the delivery of services for your trip.
- Any damages or losses caused by natural disasters, adverse weather, political instability, or other force majeure events that disrupt the trip.
9.5 Release of Liability
You hereby release, waive, and discharge the Indemnified Parties from any and all claims or liabilities arising from your participation in any trip or activity organized by Hiking Trails Pty Ltd. This release extends to and includes any liability for personal injury, illness, death, or loss of property, regardless of whether caused by negligence, gross negligence, or any other act, omission, or condition beyond the control of Hiking Trails Pty Ltd or the Indemnified Parties.
9.7 Acknowledgment
You acknowledge that you have read, understand, and voluntarily accept the terms of this indemnity and release. You further agree that this indemnity will apply to any claims or actions that may arise in the future in connection with your participation in the trip.
10. Code of Conduct
10.1. Behavior
You agree to conduct yourself in a manner that does not disrupt the enjoyment, safety, or well-being of others. The Company reserves the right to remove any participant from the trip who engages in disruptive, abusive, or inappropriate behavior.
10.2. Environmental Responsibility
We are committed to sustainable travel and responsible tourism. You are expected to respect the environment and local cultures during the trip. This includes following Leave No Trace principles, respecting wildlife, and avoiding any actions that may harm the natural environment.
11. Privacy and Data Protection
We respect your privacy and are committed to protecting your personal data. By booking a trip with us, you consent to the collection, use, and processing of your personal data as described in our Privacy Policy, which is available upon request.
12. Your Authority to Book for Others
If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms. It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed. As lead member of your party, we will deal only with you in our correspondence.
13. Travel Insurance
We strongly recommend that you purchase comprehensive travel insurance that covers trip cancellation, medical emergencies, evacuation, personal belongings, and other travel-related incidents. Travel insurance is not included in the price of the trip.
14. Snow Holiday Bookings
14.1 Snow Holiday Services
For bookings described as, or including, a snow holiday, these Terms and Conditions apply to all components of the booking, including accommodation, lift passes, ski and snowboard activities, transfers, snowmobile activities, snow tours, lessons, guided activities, excursions and any other services arranged by Hiking Trails Pty Ltd.
14.2 Snow and Weather Conditions
Snow and weather conditions are outside the control of Hiking Trails Pty Ltd and may vary significantly during a snow holiday. Low snowfall, insufficient snow cover, poor snow conditions, rain, high winds, storms, extreme temperatures, avalanche risk, resort or lift closures, terrain closures, changes to operating dates, or other weather or snow-related circumstances may affect the availability, quality or operation of your holiday.
Hiking Trails Pty Ltd does not guarantee any particular level of snowfall, snow quality, terrain availability, lift operation or resort operating conditions.
Where services, activities, lift passes, accommodation or other components of your booking cannot be used, are changed, reduced or cancelled due to insufficient snow, weather conditions, resort decisions, lift closures or other circumstances beyond our control, these services are non-refundable. Hiking Trails is not responsible for providing refunds, compensation or alternative arrangements for services that cannot be used as a result of these circumstances.
Customers should ensure that their travel insurance specifically covers low-snow and snow-related disruption, including cancellation or loss arising from insufficient snow or resort closures, as applicable to their policy.
14.3 Participation in Snow Sports and Activities
Skiing, snowboarding, snowmobiling, snow tours and other snow and mountain activities involve inherent risks, including but not limited to falls, collisions, changing snow and weather conditions, ice, avalanches, natural and man-made obstacles, terrain hazards, equipment failure, lift incidents, injury, illness and death.
By participating in any snow holiday activity, the Customer acknowledges and accepts the inherent risks associated with that activity and agrees to comply with all instructions, safety requirements, signage, rules and conditions imposed by the relevant resort, activity provider, guide, instructor or other third-party operator.
The Customer is responsible for determining whether they are physically and suitably prepared for the activities they undertake and for using appropriate equipment, clothing and safety equipment.
14.4 Third-Party Snow Operators
Snow holidays frequently involve services provided by third parties, including ski resorts, lift operators, accommodation providers, transport operators, ski schools, guides, snowmobile operators, tour operators and activity providers.
The terms, conditions, safety requirements, waivers and liability provisions of those third-party providers may also apply to your participation in their services. Hiking Trails Pty Ltd is not responsible for the acts, omissions, negligence, decisions, changes, closures, cancellations or failures of third-party operators, except to the extent that liability cannot lawfully be excluded or limited.
14.5 Injury, Illness or Death
To the fullest extent permitted by law, Hiking Trails Pty Ltd, its directors, employees, agents and contractors are not liable for injury, illness, death, loss, damage, delay, expense or other claim arising from the Customer's participation in skiing, snowboarding, snowmobiling, snow tours or other snow and mountain activities, including risks inherent in those activities or circumstances beyond our control.
Nothing in these Terms and Conditions excludes, restricts or modifies any liability or consumer guarantee that cannot lawfully be excluded, restricted or modified under applicable law.
14.6 Changes to Snow Holiday Itineraries
We reserve the right to alter, substitute, postpone or cancel components of a snow holiday where reasonably necessary due to weather, snow conditions, safety concerns, resort or supplier decisions, transport disruption, operational requirements or other circumstances beyond our control.
Such changes may include changes to accommodation, resorts, activities, transfers, lift access, tour schedules or itineraries. Where a change is required due to circumstances beyond our control, Hiking Trails Pty Ltd will not be liable for additional costs, losses or expenses incurred by the Customer, except where required by applicable law.
14.7 Travel Insurance for Snow Holidays
Customers booking a snow holiday are strongly advised to purchase comprehensive travel insurance at the time of booking. Customers should confirm that their policy specifically covers their intended activities, including skiing, snowboarding, snowmobile activities and snow tours where applicable, as well as cancellation, medical expenses, evacuation, personal belongings, travel disruption and low-snow or snow-related cancellation or disruption.
It is the Customer's responsibility to ensure that their insurance policy provides adequate cover for their particular itinerary and activities.
15. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. Any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
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.