Booking Terms and Conditions of Best Life Adventures Pty Ltd A.B.N. 53 610 989 127
Best Life Adventures Pty Ltd A.B.N. 53 610 989 127 (“Us/We“) (“BLA“) ask that the traveller(s) (“You”) take the time to read and understand the conditions of booking set out below prior to booking a trip with BLA. Unless otherwise stated by us in writing, any purchases made, or services requested through us are subject to these terms and conditions.
1.1. By making a booking with us, you acknowledge that you have read and understood this form.
1.1.1. By booking with us, you accept the terms and conditions contained in this form (“Terms and Conditions“).
1.1.2. By booking with us, you, the customer, accept the terms and conditions contained in the Expedition Information Kit related to your trip along with the associated risks and demands of the trip.
1.1.3. You have had the opportunity to seek legal advice prior to confirming the terms and conditions of the booking.
1.1.4. BLA relies on your declaration under this form in accepting your request to participate, including the activities of and related to the trip (the “Activities”).
1.1.5. That any alterations or variations to these terms and conditions will only be in effect if required, by writing and under the authority of BLA.
22.214.171.124. Any alteration must be signed by BLA to be valid.
1.1.6. That these Terms and Conditions constitutes the entire agreement between you and us. You can accept these Terms and Conditions by clicking and selecting the “I agree” dialog box on our webpage located on our booking platform – youli.io/i/best-life-adventures, by signing our Participant Booking and Waiver Form, a terms and conditions document or by making a deposit or payment for the booking. The services to be provided are those referred to in your booking confirmation.
2.1. Dates and itineraries are valid until 1 February 2021. Beyond 1 February 2021 dates and itineraries are indicative only.
2.2. The information presented in this document was to the best of our knowledge correct at the time of publication. However, changes beyond our control may have occurred since then with respect to prices, itineraries, duration of holidays, standard of services and expedition content. Surcharges may apply.
2.3. Every effort is made to ensure document accuracy at the time of going to print, and BLA cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.
3.1. You agree that unless stated otherwise by BLA, your deposit will be a minimum of 20% of the total price of the booking at the time. This deposit is non-refundable and non-transferable and is required for each booking.
3.2. You acknowledge and agree that the deposit being charged is a genuine pre-estimate of the booking and covers the costs incurred to BLA in processing and administering your booking and its particulars.
3.3. The deposit must be paid within 14 days of registering on our website – youli.io/i/best-life-adventures
3.4. You acknowledge and agree that BLA can, at its sole discretion, require a greater (or lower) deposit.
3.5. By paying the deposit you agree that it will be used to fulfil the administrative and organisational aspects of your trip or event and is therefore non-refundable.
3.6. All expedition prices are quoted in Australian Dollars, include GST and compulsory taxes where applicable and may supersede all prices previously advertised. Prices are correct at the time of going to print and are subject to change without notice. Please check the exact price of your expedition at the time of registering on our booking platform.
3.7. Airfares are based on the most direct route and are subject to class availability and any new Government taxes. Airline schedules are subject to change which may affect joining/departing arrangements and consequently that day’s itinerary. Any additional costs incurred, including overnight accommodation and transfers are at the passenger’s (your) expense. All prices are valid subject to Government, hotel, fuel surcharges and currency fluctuations.
4. Acceptance of booking and final payments
4.1. Once registration is completed on our webpage, youli.io/i/best-life-adventures and the deposit is paid within 14 days, you will be issued with a confirmation receipt to your email.
4.2. BLA can, at its sole discretion, decline to accept your registration at any time.
4.3. You agree to refer to your Expedition Dashboard, located on our website – youli.io/i/best-life-adventures, for details regarding installments and final payment as these will differ. Final payment of the balance of the trip price is due 90 days before your expedition commences. If this balance is not paid on or before the due date, we reserve the right to treat your booking as cancelled and all deposited monies are forfeited.
5. Prices & surcharges
5.1. You acknowledge and agree that our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip and event prices may vary at any time in accordance with demand, currency fluctuations, market conditions and availability.
5.2. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see, is to book and pay the total amount for the trip at that time to lock in price and avoid any need to adjust the price for currency fluctuations or changes in the price related to the trip or event. (i.e. if you pay the full price at that time, you will NOT be affected by currency fluctuation. If you do not pay the full price at that stage, we reserve the right to adjust the price in accordance with the currency fluctuation).
5.3. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply.
5.4. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our booking platform. Prices are based on currency exchange rates on the date you book your trip with us.
5.5. You acknowledge and agree that prices may vary depending on which currency the booking is made.
5.6. We reserve the right to impose surcharges up to 14 days before departure due to unfavourable changes in exchange rates or prices related to the trip or event.
5.7. In such instances BLA will be responsible for any amount up to 1% of the trip price and BLA will send written notice of the need of the surcharge.
5.8. You acknowledge and agree that if any surcharge results in an increase of more than 10% of the trip price then you may cancel the booking by providing BLA with a clear written notice within 5 days of BLA sending you the notice as required by clause 5.7. Otherwise you agree to pay the additional surcharge.
5.9. If you cancel the booking under clause 5.8, you agree the deposit is forfeited. BLA will refund the balance to you.
5.10. You understand and agree to pay any stripe, credit/debit card, PayPal or any other payment surcharge that may apply.
5.11. You acknowledge and agree that:
5.11.1. The deposit paid by you will be used to fulfil the administrative and organisational aspects of your trip or event and is therefore non-refundable.
5.11.2. Payment for all domestic expeditions (i.e. expeditions that are entirely within Australia) must be paid no later than 60 days prior to departure.
5.11.3. Payment for international expeditions (i.e. those where all or part of the expedition takes place in a country other than Australia) must be paid within the time advised by us.
5.11.4. There is no surcharge for payments made by direct transfer to our nominated bank account. If you are making a payment made using an electronic facility, such as PayPal or Stripe, you need to ensure you absorb all transaction fees, and the total amount BLA receives, is the amount payable.
5.11.5. Unless communicated to and approved by BLA, all deposits, airfares, shipping and rail fares are non-refundable and non-transferable.
5.11.6. You confirm that you will seek insurance advice from a licensed insurance broker and you will follow their advice and pay for cover that insures the deposit and the particulars under clause 17.
5.11.7. Single Use rooms attract a single supplement fare and we do not offer ‘willing to share’ services.
5.11.8. If booking is made as a twin share and one passenger cancels, then the party who is still travelling agree that they will have to pay the single supplement.
5.11.9. Twin share prices are per person unless otherwise stated.
6. Your details
6.1. You acknowledge and agree that for BLA to be able to confirm your travel arrangements you must provide all requested details within 14 days of paying your deposit.
6.2. Necessary details vary by trip; they include but are not limited to:
6.2.1. full name as per passport.
6.2.2. date of birth.
6.2.4. passport number.
6.2.5. passport issue and expiry date, and
6.2.6. any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.
6.3. For all expeditions we require you to complete a Participant Information Form that discloses this information and includes medical sign-off from your General Practitioner when required. We may request that you show us this prior to your trip or event with us and failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.
7. Cancellation by You
7.1. Your booking in respect to the trip or event’s itinerary and particulars may only be cancelled if you advise BLA in writing and BLA accepts such cancellation. The date on which the request to cancel is received by BLA will determine the cancellation charge applicable.
7.2. The cancellation charges are expressed hereafter as a percentage of the total costs payable by you in respect of your participation in the trip or event:
7.2.1. Cancellation 90 days before departure – pursuant to clause 3, results in loss of the deposit.
7.2.2. Cancellation 89-46 days before departure – 50% of the total costs payable.
7.2.3. Cancellation 45 days or less before departure – 100% of the total costs payable.
7.3. You acknowledge and agree to take out an insurance cover that includes coverage for the cancellation of your booking.
8. No Refunds
8.1. There will be no discounts or monies refunded for missed or unused services, including voluntary or involuntary termination of or departure from the trip or event, occasioned as a result of, but not limited to, your sickness, death of a family member, or your late arrival to the trip or event.
8.2. You agree that you are obliged to have travel insurance pursuant to clause 17 that covers you in case of unforeseeable events if you are to have a booking with us.
8.3. You agree that you will seek advice from a licenced insurance provider.
9. Cancellation by BLA
9.1. BLA reserves the right to cancel any trip booked. BLA reserves the right to cancel your participation in the trip or event due to natural disasters, flight cancellations, consequences of strikes, industrial action, wars, riots, sickness, quarantine, government intervention, weather conditions, force majeure or other untoward occurrences, or BLA determining in its opinion that you do not have the requisite fitness, skills or ability to participate in the Activities.
9.2. You acknowledge and agree that we may cancel a trip at any time prior to departure if, due to political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a full refund subject to the terms herein, and subject to not being in a position to recover expenses already made on your behalf. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs.
9.3. You acknowledge and agree that we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
9.4. Each trip or event is subject to a minimum number of paying guests. Once this number is achieved that trip or event is guaranteed to go ahead, if not, the trip or event will be cancelled, and you can transfer amounts paid to an alternate trip or event or departure date or receive a full refund.
10. Booking amendments
10.1. If you wish to transfer from one trip to another or transfer your booking to a third party, you must notify us at least 60 days prior to the proposed departure date.
10.2. A fee of $200 per person per change will apply (in addition to any taxes or charges levied by hotels, ground operators or airlines).
10.3. If you notify us less than 60 days prior to the proposed departure date the refund policy applicable to cancellations will apply.
10.4. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip and are subject to a surcharge of up to 5 percent at BLA’s sole discretion. Transfers to another departure can only be made to a departure within the current validity period.
10.5. Amendments to any other arrangements made in conjunction with your trip will incur an $150 administration fee per booking per change. This fee is in addition to any taxes and charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 14 days of departure.
11.1. The land price of your trip includes:
11.1.1. All accommodation as listed in the Expedition Information Kit.
11.1.2. All transport listed in the Expedition Information Kit.
11.1.3. Sightseeing and meals as listed in the Expedition Information Kit.
11.1.4. The services of a group leader as described in the Expedition Information Kit.
12.1. The land price of your trip does not include:
12.1.1. International or internal flights unless specified.
12.1.2. Airport transfers, taxes and excess baggage charges unless specified.
12.1.3. Meals other than those specified in the Expedition Information Kit.
12.1.4. Visa and passport fees.
12.1.5. Travel insurance.
12.1.6. Optional activities and all personal expenses.
12.2. Airfares as part of your package holiday inclusions are provided in economy class and BLA cannot be responsible for seating allocation.
12.3. Luggage restrictions vary depending on expedition type and destination. As a general guideline, luggage on international flights should not exceed 23 kilograms per person. Your Expedition Information Kit will display these limits where relevant.
12.4. All accommodation is twin share unless stated otherwise. Single rooms may be available for an additional fee; however, BLA gives no guarantee that sufficient (or any) single rooms will be available on any given expedition.
12.5. BLA can, at its sole discretion, change the location, style and quality of accommodation without notice.
13. Special Meals
13.1. You agree to let BLA know of any special dietary requirements at least 14 days before departure. Note that this will be on a request basis only, and BLA cannot guarantee the availability of special meal types.
13.2. In the event that such special dietary requirements attract a cost in excess of the regular meals, we reserve the right to add such charges to your booking fees.
14. Age & Health Requirements
14.1. Minimum Age: For the majority of our trips the minimum age is 15 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian.
14.1.1. You acknowledge and agree that the legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
14.1.2. You acknowledge and agree that we cannot guarantee triple or adjoining rooms for families and that accompanying adults may be required to share with others in the group on a twin share basis.
14.2. Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding, and you must ensure that the participants in your booking are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts.
14.3. You will obtain proper and detailed medical advice and checks from a certified medical practitioner at least two months prior to travel for the latest health requirements and recommendations for your destination.
15. Physical Fitness
15.1. You agree and acknowledge that it is your responsibility as the participant to research and understand the demands of the trip or event and to achieve necessary levels of fitness, health and overall preparedness to undertake the trip or event.
15.2. You have independently assessed the Activities and you confirm that you are physically fit to participate in all of the Activities proposed to be undertaken in connection with the trip or event.
15.3. You warrant to BLA that:
15.3.1. You have sought and obtained the advice from a certified medical practitioner regarding the trip or event and have not been advised by the medical practitioner to avoid the planned trip or event you will be undertaking through BLA.
15.3.2. You do not have any possibly relevant pre-existing medical or physical conditions, which have not been disclosed to BLA. You further declare, warrant and understand that:
15.3.3. You are in good health and mental and physical fitness at the time of booking the trip or event.
15.3.4. You are healthy and fit enough to undertake the activities included in your booking without risking your health.
15.3.5. You have disclosed to BLA 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 successfully participating in the trip or event and there is no reasonable reason as to why BLA should exclude your participation in the trip or event.
15.3.6. Immediately upon any adverse change in your health or fitness that may adversely impact your ability to participate in the trip or event and Activities, you will notify BLA by email to firstname.lastname@example.org, detailing to us the adverse changes in writing.
15.3.7. BLA is permitted to disclose your medical information to anyone to which such information, in the opinion of BLA, is required to be disclosed.
15.3.8. BLA may exclude you from an expedition at its sole discretion. You acknowledge that the obligation to disclose under this condition continues from the time of booking the trip or event through to departure and extends for the duration of the trip or event.
15.3.9. You have taken the necessary precautions to immunise/vaccinate for the destination you are travelling to.
15.4. Below is a guideline of what level of physical activity to expect on our expeditions with ratings for each which are displayed on our website. As a traveller you agree that you meet the following minimum activity level requirements per the rating displayed on the booking you have made.
15.4.1. The ratings and their criteria are as shown here for your reference: –
A RATING OF 1 (EASY) You must be able to:
• Participate in guided or unguided small walking expeditions at a relaxed pace
• Walking on mostly level ground
• Tackle an occasional flight of stairs or incline
• Occasional need to stand for up to 10 minutes
• Get on and off transportation unaided
• Manage your own luggage
A RATING OF 2 (MODERATE) You must be able to:
• Participate in walking/biking/kayaking expeditions with time to rest at least every 10 minutes
• Walk on areas such as bush tracks and soft sand – mostly level ground
• Stand for 15 minutes, without needing to sit down
• Tackle a flight of stairs or incline
• Get on and off transportation multiple times unaided
• Manage your own luggage
A RATING OF 3 (ACTIVE/MODERATE) You must be able to:
• Participate in walking/biking/kayaking/snowshoe/dogsled expeditions without having to stop or sit down to rest for up to 30 minutes
• Walk up an incline equal to a flight of stairs, without stopping
Stand for 30 minutes, without needing to sit down
• Walk over uneven ground, tackle cobbled creek crossings & walk through soft sand
• Get on and off transportation multiple times unaided
• Manage your own luggage
A RATING OF 4 (HIGHLY ACTIVE) You must be able to:
• Be extremely mobile and live an active lifestyle
• Negotiate inclines, declines and varied terrain confidently
• Participate in a physical activity lasting up to 8 hours per day (trek/ride/paddle)
• Manage your own luggage and be able to carry with you a backpack with items required for the physical activities
16. Medical Treatment, Medical Conditions, Special Requirements & Evacuation
16.1. On International expeditions, you are to carry at all times a letter from your doctor or a copy of your prescription to confirm to the local authorities that you are entitled to be in possession of any required medication.
16.2. You consent to receiving any medical (i.e. first aid) treatment that BLA considers reasonably necessary during or after the Activities and BLA must be notified in writing at the time of booking of any medical conditions, physically challenged conditions or any other mental and or physical condition which may affect fitness to travel or your participation in the Activities. If you decline, then you waive all rights that you would otherwise have to make a claim against BLA.
16.2.1. Your failure to notify BLA may result in you being refused travel. Failure to notify BLA of any such condition that results in cancellation will, without limiting any other provision of these Terms and Conditions, result in you being liable to pay 100% of all costs payable by you in respect of your participation in the trip or event.
16.3. You acknowledge and agree that medical facilities vary from country to country and BLA makes no representations and gives no warranties in relation to the standard of medical treatment that may be available during or after the Activities.
16.4. You acknowledge and agree that BLA will not be liable for any injury/health conditions/emotional or other conditions suffered by you before, during or after the trip or event.
17. Passport and Visas
17.1. You must carry a valid passport and have obtained the appropriate visas, permits and certificates for the countries which you will visit during your trip.
17.2. You agree to ensure your passport is valid for 6 months beyond the duration of the trip or event. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for the countries you are travelling to. Please refer to the Expedition Information Kit for details.
17.3. BLA does not accept responsibility if you are refused entry to a country or place because you lack the correct passport, visa or other travel documentation.
18. Travel Insurance
18.1. You acknowledge and agree that it is your responsibility to obtain adequate cover from your policy provider that covers you for all aspects of your trip as prescribed in this clause. You agree that you have sought the guidance of your policy provider and adviser to meet the coverage requirements per this clause and those specified in your Expedition Information Kit before making the booking with us.
18.2. Adequate and valid travel insurance is compulsory for all travellers and should be taken out at the time of booking.
18.3. You understand and agree that your travel insurance must cover the activities specified in your Expedition Information Kit which may include trekking to 6000m, kayaking, mountain biking or other activities which may result in accidents, injury, illness medical expenses as well as death related expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) with a minimum coverage of US$200,000 for each of the categories of cover and personal liability. The insurance policy that you obtain covers cancellation of the trip or event and curtailment, personal liability and loss of luggage and personal effects.
18.4. You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number on or before the first day of your trip, you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.
18.5. You must carry proof of insurance with you and produce it if reasonably requested by BLA or its employees or suppliers.
18.6. BLA reserves the right to cancel or suspend your participation in the trip or event or in any of the Activities, at any time, including after the commencement of the trip or event, with no right of refund, if you are unable to provide proof of insurance when requested.
18.7. You acknowledge and agree that the insurance cover you have taken fully covers these possible scenarios mentioned in these terms and conditions.
18.8. You agree to take advice regarding your insurance cover for the booking from a certified and registered insurance broker.
18.9. You agree that you must purchase the insurance cover from a certified and registered insurance broker.
18.10. You acknowledge and agree that any insurance broker or agency we refer to you may not be certified to provide you with insurance that meets the insurance requirements for your trip or event.
18.11. You understand that it is your responsibility to make sure the provider is certified to provide you with the insurance cover.
19. Personal Property
19.1. You acknowledge that you have the sole responsibility for your personal property during the activities and throughout the duration of the trip or event.
20.1. You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives.
20.2. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
21. Change of itinerary
21.1. While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
21.2. Before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative expedition offered.
21.3. After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
22. Authority on Expedition and Code of Conduct
22.1. Our group trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip.
22.2. If you fail to comply with a decision made by a group leader or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund.
22.3. If your conduct leads to other guests or travellers to complain about your behaviour, you may be ejected from the trip or event with no right to make a claim against BLA.
22.4. We may also elect not to carry you on any future trips booked. You must always comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
22.5. BLA representatives, crew or any carrier reserves the right at its discretion to exclude from a expedition, or to terminate the travel arrangements of, any person during the course of the expedition without refund, or anyone who:
22.5.1. Is incapable of caring for themselves without a minder/carer.
22.5.2. Is unable to cope with the requirements of the expedition or who may need or require services or facilities that are not available.
22.5.3. Fails to comply with the reasonable instructions of BLA team.
22.5.4. Engages in illegal or undesirable behaviour or interferes with the enjoyment of or jeopardises the safety of other participants.
22.5.5. Is a hazard to themselves or other passengers.
22.5.6. Is likely to become objectionable to other passengers, BLA staff and/or third-party suppliers.
22.6. Participants who are excluded will be required to disembark at a safe public location, transport from which will be wholly their responsibility.
22.7. You agree that BLA is released from all liability for, and you agree not to hold BLA responsible for, termination of your travel arrangements in accordance with the previous condition, or any decision made by BLA or by any service provider who refuses to provide you with special accommodation facilities or services that are not available or who refuses to carry you by reason of any disability or medical condition.
22.8. Upon exclusion, BLA will not be liable for any of your costs incurred to you following the exclusion.
23. Express Voluntary Assumption of Risk
23.1. You have voluntarily applied to participate in the trip or event and the Activities. You understand that you, and each participant in the Activities, will be engaging in activities involving a real risk of serious injury, death or property damage or loss from various causes including but not limited to equipment failure, accidents with other participants, course or weather conditions, acts of God, travelling in remote and/or unsafe areas or under unsafe conditions, forces of nature, no or limited access to medical facilities or means of evacuation or other causes.
23.2. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary.
23.2.1. You voluntarily accept all risks necessarily flowing from your participation in the Activities, which you acknowledge could result in loss of life or injury.
24. Limitation of liability
24.1. You acknowledge that BLA contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
24.2. You acknowledge and agree not to hold BLA and/or any of its agents responsible for:
24.2.1. Any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with, or arising out of, your participation in a trip, or any breach of the Booking Conditions, is excluded.
24.2.2. Any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
24.3. You acknowledge and agree to the exclusion of any liability in respect to indirect or any consequential loss suffered by you or any third party is, howsoever caused, including but not limited to pure economic loss, or any special, extraordinary or punitive damage to you or any other party.
24.4. To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to the lessor of:
24.4.1. The cost of the Travel Insurance premium.
24.4.2. A refund of the deposit for the booking.
24.4.3. A refund of the total amount received by us from you in connection with your booking.
24.4.4. For the minimum you are entitled to under the Competition and Consumer Act 2010.
24.5. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
25. Liability release and Indemnity
25.1. To the extent permitted by law, you agree to release, discharge and hold harmless:
25.1.2. Its employees.
25.1.4. Affiliated entities.
25.1.13. All persons or corporations associated directly or indirectly with the conduct of the activities, from all claims, demands and proceedings however arising and indemnify them against all liability, including liability caused by their negligence and/or the negligence of others, for all injury, loss or damage arising out of or in connection with your participation in the Activities.
25.2. This release and indemnity continues forever and binds your heirs, executors, personal representative and assigns.
26. Equipment & Facilities Inspection
26.1. You agree that before you participate in the Activities, you will independently inspect the related facilities and equipment.
26.2. You agree to immediately advise BLA of any unsafe condition that you have observed. You will refuse to participate in the activities until all unsafe conditions observed by you have been remedied.
26.3. You acknowledge that reasonable safety precautions are undertaken by BLA, but such are a service to you and other participants and are not a surety of safety.
27. Termination of Booking Contract or Change of Travel Arrangements Due to Force Majeure
27.1. If BLA, in its reasonable opinion, considers that any Force Majeure event prevents us (whether directly or through its employees, contractors, sub-contractors and agents) from lawfully and/or safely providing any products and/or services, the subject of the booking contract to you, we may immediately by written notice:
27.1.1. Terminate the booking contract (in whole or in part).
27.1.2. Change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs of performing this
service as mentioned above.
28. Limitation of Liability in the Event of Force Majeure
28.1. In the event that we cancel or change your travel arrangements in any way due to a Force Majeure event, we will not be liable to you in contract, tort, statute or restitution of any loss (including but not limited to loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly):
28.1.1. The cancellation or change of travel arrangements.
28.1.2. The Force Majeure event.
28.2. For the avoidance of doubt, we are not liable to refund any part of the deposit and/or purchase price paid by you if we subsequently change or cancel your travel arrangements in connection with a Force Majeure event. World weather patterns, civil unrest and terrorism are becoming more erratic and unpredictable and these are risks beyond our control.
28.3. You acknowledge and agree that it is your responsibility to purchase adequate travel insurance to protect yourself against these risks.
28.4. The insurance cover you have taken fully covers these possible scenarios mentioned in these terms and conditions.
28.5. You have taken advice regarding your insurance cover for the booking from a certified and registered insurance broker.
28.6. You have purchased the insurance cover from a certified and registered insurance broker.
29. Optional activities
29.1. Optional activities not included in the trip price do not form part of the trip or this contract.
29.2. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way.
29.3. The contract for the provision of that activity will be between you and the activity provider.
30. Service Enquiry
30.1. If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter.
30.2. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the expedition.
31.1. In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
32. Name Likeness & Release
32.1. In consideration of BLA permitting you to participate in the Activities, you grant permission to BLA, the trip or event organisers and each of their successors and sponsors to use your name, image and likeness in direct connection with the Activities for promotional broadcasting or reporting purposes in any and all manner and media, unless restricted by privacy legislation.
32.2. You agree that our BLA representatives or third-party suppliers may take photographs and films of you while you are on expedition and that these may be used in our documents, advertising and promotional material and/or online without obtaining any further consent or payment in respect of such photographs and/or films.
32.3. Close-up photos will not be used without your specific permission.
32.4. You consent to us using comments listed in surveys for BLA advertising and promotional purposes. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
33.1. Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our trips, events and special offers.
33.2. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip. We will otherwise treat your details with the utmost privacy.
34. Entire Agreement
34.1. This deed constitutes the entire agreement between the parties and supersedes any prior conduct, arrangement, agreement or understanding in relation to its subject matter.
35.1. Each party submits to undertake alternative dispute resolution (“ADR”) prior to submitting to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland and waives any right to claim that those courts are an inconvenient forum. The prescribed form of ADR to be undertaken will be mediation.
35.2. Should the dispute not be resolved the ADR then the jurisdiction for proceedings related to the dispute shall be in the jurisdiction of Queensland.
36.1. You agree and acknowledge that any communications regarding your booking with BLA shall be sent by email to email@example.com.
36.2. Where mentions of communications ‘in writing’ or ‘by writing’ are made in these terms and conditions, the correct method of writing is by email to firstname.lastname@example.org.
36.3. Any writing and notifications required will be made by BLA to you through the email you have provided to us upon your registration.
37. Further Confirmation
37.1. You acknowledge, confirm and agree to be bound by the terms and conditions of this document and that BLA is not responsible for your decision to participate in the Activities and you were not induced by BLA to do so. You have read this document, understand its contents and complete it of your own free will.
37.2. You acknowledge and accept that BLA may require you to execute further documentation confirming your agreement to the above Terms and Conditions at a later date.
38.1. Price Fluctuations – Unfavourable changes in the prices related to the booking. There may be price changes in:
38.1.5. Public Transport.
38.1.6. Private Transport.
38.1.8. Meal arrangements.
38.1.9. Any other service related to your booking with BLA.
38.2. Unfavourable Changes – Are changes in the prices that would increase the cost of the bookings made with BLA.
38.3. Deposit – Is generally taken to be 20 percent of the current total price of the trip at the time of the publication of the price. The deposit amount being asked for may be different and is at the sole discretion of BLA. This is the amount required to make the necessary arrangements for your trip.
38.4. Force Majeure – Means any event beyond the control of BLA, including, but without limitation, all natural disasters, earthquakes, hurricanes, floods or other “Acts of God”, war or threat of war, sabotage, terrorism, epidemics, theft, insurrection, riots and other civil disturbance, explosions, fire or accident, or other major upheaval, sickness, quarantine, government intervention or the failure of third parties, such as suppliers and subcontractors, to perform their obligations to the contracting party
38.5. Medical Practitioner – Is an Australian Certified General Practitioner.
38.6. Travel Insurance – Covers the activities specified in your Expedition Information Kit which may include trekking to 6000m, kayaking, mountain biking or other activities which may result in accidents, injury, illness medical expenses as well as death related expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) with a minimum coverage of US$200,000 for each of the categories of cover and personal liability. The insurance policy obtained covers cancellation of the trip or event and curtailment, personal liability and loss of luggage and personal effects.
38.7. Writing – Where there is any mention of “writing”, then that means communication by email between email@example.com and the email address registered by you, the customer.