In completing and submitting the Booking Form, you agree to be bound by these conditions of contract between Inspired Adventures Pty Ltd ABN 46 125 426 468 (“Inspired Adventures”), Inspired Travel Pty Limited ABN 70 152 488 250 (“Inspired Travel”) and you. These conditions of contract are: (a) to be read consistently with the Booking Form; (b) to apply to the exclusion of any terms or conditions not set out in the Booking Form; (c) to be effective unless varied in writing and signed by a person so authorised by Inspired Adventures and Inspired Travel; and (d) to override the terms of any previous dealings with you.
Please read these conditions of contract carefully.1. How to Book:
To participate in this Challenge, you must pay a non-refundable registration fee of AUD$770 including GST. This fee is payable to Inspired Adventures upon registration. You must pay a non-refundable travel deposit of AUD$850 including GST. This deposit is payable to Inspired Travel 6 weeks after registration. If you register less than 17 weeks prior to the departure date, you must pay the travel deposit of AUD$850 immediately upon registration. Your registration for the Challenge will take effect once your registration fee has cleared. Places are limited on the Challenge and are allocated on a first come, first served, basis. 2. Payments and Fundraising:
Eligibility to take part in this Challenge is contingent upon you raising the minimum Fundraising Target. The balance of your Fundraising Target payments must be lodged no later than 4 weeks prior to the departure date. Travel costs are based on arrangements departing from the published departure city/cities in Australia and exclude travel insurance & visa fees. Inspired Travel may be able to arrange travel from other cities in Australia, and if so, a surcharge will apply. Registered participants will be required to cover additional travel or accommodation costs required as a result of departing from other than the published departure city/cities in Australia. The cost of your travel package must be paid as per the due dates and amounts set out in your conditions of contract with Inspired Travel. Failure to lodge the Fundraising Target on or before the required date will render you ineligible to depart on the Challenge, and you will forfeit in full the AUD$770 registration fee paid to Inspired Adventures, the AUD$850 travel deposit paid to Inspired Travel, and your place on the Challenge. All funds raised in the name of the Charity must be forwarded immediately to the Charity along with supporting documents as outlined in the ‘Conditions of Fundraising’. Inspired Adventures, Inspired Travel, and the Charity reserve the right to refuse your Application to participate in the Challenge for non-compliance with this requirement.3. Cancellations:
If you wish to cancel your participation in this Challenge, you must notify Inspired Adventures and Inspired Travel in writing. If you notify Inspired Adventures within 10 business days of booking that you desire to cancel your participation in the Challenge, then the registration fee you have paid will be refunded in full. If you notify Inspired Adventures after that time, then the following will apply: You will automatically forfeit your registration fee (AUD$770), your travel deposit (AUD$850), as paid. Other fees may apply as per the Inspired Travel booking conditions. If there are too few participants on your Challenge or if there are other reasons that the Challenge should not proceed as scheduled, Inspired Adventures and /or the Charity have to cancel the Challenge, and reserve the right to offer you alternatives. If the Challenge is cancelled, and any alternatives offered are not suitable, you will be refunded any monies paid to Inspired Adventures, less an administration fee of AUD$50. You may be entitled to full or partial refund on monies paid to Inspired Travel dependent on the booking conditions. In the event that your chosen Challenge is cancelled and you are given the option of transferring to another Challenge, these transferred Challenges must be taken within 12 months, or your place on the Challenge will be forfeited.4. Disclaimer:
You accept that:
5. Release and Waiver of Liability:
- Should your Application to register be refused, the full registration fee will be refunded to you; and
- Inspired Travel will not be liable for any breach of any law by you or any person with whom you travel on the Challenge; and
- you may not rely on any representations concerning the Challenge made by Inspired Travel which are not contained in these booking conditions.
In consideration of Inspired Adventures and the Charity accepting your application to register, and in consideration of you being permitted by Inspired Adventures and the Charity to participate in the Challenge: to the extent permitted by law, you waive any and all claims you may now or in the future have against Inspired Adventures, Inspired Travel and the Charity, their officers, employees, agents or representatives (“the promoters”) and release from all liability and agree not to sue the promoters for any personal injury, death, property damage or loss sustained by you as a result of your participation in the Challenge, other than caused by the reckless conduct or wilful act of the promoters. You acknowledge that the Challenge involves adventure activities and accept all the inherent risks associated with such activities and the heightened possibility of: (a) death; or (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or (c) the contraction, aggravation or acceleration of an illness or disease; or (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs – in relation to you: (i) that is or may be harmful or disadvantageous to you or to the community; or (ii) that may result in harm or disadvantage to you or to the community. The consumer guarantees for the supply of recreational services are excluded to the extent permissible by section 139A of the Competition and Consumer Act 2010, and section 5N of the Civil Liability Act 2002 (NSW) and the equivalent provisions of the other States and Territories in Australia.6. Bookings made in Victoria:
This condition and the following statutory warning apply if the booking is made in Victoria, in addition to the provisions of section 139A of the Competition and Consumer Act 2010. This is a contract is for the supply of recreational services. Except to the extent permitted by section 139A of the Competition and Consumer Act 2010 the services supplied by Inspired Adventures, Inspired Travel,
the Charity and their officers, employees, agents or representatives pursuant to this contract come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a termination of contract for a major failure and compensation for any other reasonably foreseeable loss or damage.
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 - (a) are rendered with due care and skill; and (b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and (c) might reasonably be expected to achieve any result you have made known to the supplier.
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 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 ommission, means doing the act or ommitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or ommission. 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 2012.7. Jurisdiction:
This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of:
- Victoria, in the case the of a booking made in the state of Victoria, or
- New South Wales, in the case of a booking made elsewhere in Australia or worldwide.
In order to be able to supply services to you, Inspired Adventures will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose.9. Image and Likeness:
You grant Inspired Adventures the right to take photographs and videos of you and your personal effects in connection to your participation on a Challenge. You authorise Inspired Adventures, its assigns and transferees to copyright, use and publish your image and likeness in print and/or electronically for marketing purposes, and the like.Inspired Travel Booking Terms and Conditions
THE TRAVEL ARRANGEMENTS
This Challenge is operated by Inspired Travel Pty Limited ABN 70 152 488 250 (“Inspired Travel”). Please read the following terms and conditions carefully. You must not book unless you understand and agree with the following terms and conditions. References to “us”, “we”, “our” in these booking terms and conditions shall be a reference to Inspired Travel.1. Prices:
All prices are subject to travel availability and can be withdrawn or varied without notice. Please contact your consultant for current prices.
2. Refunds, Changes and Cancellation Fees:
- The price is only guaranteed to be available when receipt of full payment has been confirmed. Please note that prices quoted here are subject to change and will be re quoted until the time full payment is received.
- After the time full payment is received, price increases may occur by reason of factors outside our control which result in an increase in the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases.
- Airline taxes are confirmed at the time your airline ticket is issued. There may also be local taxes, air passenger duties, entry charges or visa fees charged at some airports. These are payable by you, as and when they become payable.
Fees and extra charges will apply where a booking is changed. Fees and extra charges will also apply when tickets or documents are re-issued. Cancelled bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether or not travel has commenced. Where we incur any liability for a cancellation fee or charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge.