TERMS AND CONDITIONS
Please read carefully these terms and conditions of contract. In completing and submitting the form, you agree to be bound by these conditions which constitute the agreement between the Eyes4Everest Incorporated (ABN 50 661 131 629) and you. No purported variation of these conditions will be effective unless in writing and signed by Eyes4Everest Incorporated; and to override the terms of any previous dealings with you.
- How to Book: To participate in this Trip, you must pay a registration fee of AUD$2600 including GST. This fee is payable via direct deposit into Eyes4Everest Incorporated’s account upon registration. Your registration for the Trip will take effect once your travel deposit has cleared. Places are limited on the Trip and are allocated on a first come, first served, basis.
Payments: The prices quoted are per person, for payment by direct deposit into Eyes4Everest Incorporated’s account. Trip prices are subject to minimum numbers. A supplement may apply for trips below minimum numbers.
Exclusions from Trip price
Without limitation, the following items are excluded from the Trip price:
- personal travel insurance;
- visa, passport and vaccination charges;
- departure, airport and airline taxes;
- extra meals, meals at Kathmandu, transport costs, accommodation costs, or other expenses not included in the itinerary; laundry, postage, personal clothing, battery charge, hot showers, medical expenses & items of a personal nature; emergency evacuation and/or emergency search charges;
- additional expenses caused by delay, accidents or disruption of planned itineraries;
- tips, onboard beverages and excess baggage charges.
Cancellations by You: If you wish to cancel your participation in this Trip, you must notify Eyes4Everest Incorporated in writing. The following charges will apply: You will automatically forfeit your $1000 AUD of your registration fee as paid.
Other fees may apply as per the Eyes4Everest Incorporated booking conditions. Furthermore, if you cancel, you will be liable under certain supplier cancellation policies.
- Cancellations by Eyes4Everest Incorporated: If there are too few participants on your Trip or if there are other reasons that the Trip should not proceed as scheduled, Eyes4Everest Incorporated have to cancel the Trip, and reserve the right to offer you alternatives. You may be entitled to partial refund on monies paid to Eyes4Everest Incorporated dependent on the booking conditions. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes). In the event that your chosen Trip is cancelled and you are given the option of transferring to another Trip, these transferred Trips must be taken within 12 months, or your place on the Trip will be forfeited.
- Disclaimer: You accept that: Should your Application to register be refused, the full registration fee will be refunded to you. (a) Eyes4Everest Incorporated will not be liable for any breach of any law by you or any person with whom you travel on the Trip; and (b) you may not rely on any representations concerning the Trip made by Eyes4Everest Incorporated which are not contained in these booking conditions.
- Release and Waiver of Liability: In consideration of Eyes4Everest Incorporated accepting your application to register, and in consideration of you being permitted by Eyes4Everest Incorporated to participate in the Trip: you waive any and all claims you may now or in the future have against Eyes4Everest Incorporated, any promoter, sponsor or supporter, their officers, employees, agents or representatives (“the promoters”) and release form 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 Trip. You acknowledge that the Trip 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.
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. The provisions, rights and liability for the supply of the recreational services described in section 22 and 23 of the Australian Consumer Law and Fair Trading Act 2012 (Victoria) are excluded, restricted or modified in relation to this contract in favour of Eyes4Everest Incorporated and their officers, employees, agents or representatives.
- 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. 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 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.
- 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: (a) Victoria, in the case the of a booking made in the state of Victoria, or (b) New South Wales, in the case of a booking made elsewhere in Australia or worldwide.
- Privacy: In order to be able to supply services to you, Eyes4Everest Incorporated 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.
- Image and Likeness: You grant Eyes4Everest Incorporated the right to take photographs and videos of you and your personal effects in connection to your participation on a Trip. You authorise Eyes4Everest Incorporated, its assigns and transferees to copyright, use and publish your image and likeness in print and/or electronically for marketing purposes, and the like.
THE TRAVEL ARRANGEMENTS
This Trip is operated by Eyes4Everest Incorporated (ABN 50 661 131 629). 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 Eyes4Everest Incorporated.
- Prices: All prices are subject to travel availability and can be withdrawn or varied without notice. Package prices are per person based on ground costs, fuel prices, airfares, exchange rates and assumptions made at the time of printing the brochure. Eyes4Everest Incorporated tries its utmost not to increase tour prices, however sometimes increases are outside its control. Eyes4Everest Incorporated reserves the right to amend tour prices without notice at any time before and including the departure date. Amendments may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, taxes, airfares, airport charges, increases in ground operator service fees, or the need to engage alternative air or ground operators. 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. Any increase in Trip prices must be paid prior to the departure date.
Refunds, Changes and Cancellation Fees: 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. Some of the specific terms which may apply if you cancel or change your booking are as follows: Cancellation Fees: If you wish to cancel your booking the following conditions apply:
- $1000AUD of your registration fee, which is non refundable and non transferable, will be forfeited;
- If the cancellation occurs within 6 months of travel, the half travel cost balance, which is non refundable and non transferable, will be forfeited;
- If the cancellation occurs within 60 days prior to the departure date, all travel costs, including the deposit, will be forfeited;
- Ex Australia airfares and stopover accommodation will be subject to the cancellation and amendment fees set by the specific airlines /hotels concerned;
We are unable to provide a refund to you until we receive the funds from the relevant supplier. Amendment Fees: If you wish to amend your travel arrangements the following conditions apply:
- A $50 amendment fee will be charged if travel arrangements are amended within 60 days prior to the departure date, however, some amendment might not be allowed.
- Name changes are not permitted after full payment has been made. It is your responsibility to ensure that the name on your itinerary matches the name on your passport before making the payment; and
- Amendments to flights after payment has been made will incur a fee of $500 per person plus any applicable difference in airfare charges and taxes.
Travel Insurance: Travel Insurance is compulsory for all travellers participating in a Trip. The travel insurance must be comprehensive and must cover accidents, injury, illness and death, medical and hospital expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. It is recommended that the travel insurance covers loss of deposit, cancellation, curtailment and loss of personal property. The travel insurance is to cover the duration of, and place of the Trip. You must carry proof of travel insurance with you, and produce it if reasonably requested by Eyes4Everest Incorporated, its employees and agents. Eyes4Everest Incorporated reserves the right to cancel or suspend your participation on a Trip or in certain activities that comprise part of a Trip, at any time including at or after the commencement of the Trip, with no right of refund, if you are unable to provide proof of travel insurance when requested.
Personal travel insurance is not included in the Trip price. It is a condition of booking a tour with Eyes4Everest Incorporated, and your responsibility to ensure that you are adequately insured for the full duration of the Trip in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment. You must ensure that your personal travel insurance covers all of the activities you expect to participate in.
- Agency: Eyes4Everest Incorporated acts as a travel agent only. Eyes4Everest Incorporated sells various travel related products on behalf of numerous transport, accommodation and other wholesale service providers, such as airlines and coach operators. Eyes4Everest Incorporated is responsible to make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We have no responsibility for the provision of these services nor do we make or give any warranty or representation regarding their standard. All bookings made are subject to the terms and conditions and limitations of liability imposed by the service provider. If the service provider is unable to provide the services for which you have contracted, your remedy lies against the service provider and not with Eyes4Everest Incorporated.
- Liability waiver: We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. We do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond our control and which is not preventable by reasonable diligence on our part. You acknowledge your journey will have the usual risks of travel and, in some cases, additional risks that are associated with adventure activities and the specific nature of your Trip. You accept these risks and the possibility of personal injury, death, property damage or loss which may result from your decision to participate in the Trip. You agree that should you be affected by any sickness, serious injury or other unforseen circumstance that Eyes4Everest Incorporated and/or any of our overseas partner operators, can arrange any urgent medical treatment or emergency evacuation as deemed necessary for your safety and that all such costs will be borne by you and/or your travel insurer.
Change Cancellation or Delay of arrangements: Eyes4Everest Incorporated reserves the right to:
- cancel or modify any routes within the Trip or objectives set out in the itinerary; or
- substitute different or equivalent routes within the Trip in place of cancelled or modified routes, or
- postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of Eyes4Everest Incorporated, it is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of Eyes4Everest Incorporated , there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the Trip or the aspect of the Trip being undertaken in accordance with your booking or for any other reason considered necessary by Eyes4Everest Incorporated. In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the trip price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay. Eyes4Everest Incorporated also reserves, in its absolute discretion, the right to cancel any Trip due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 4 & 5 in booking conditions applies as if you had transferred or cancelled the Trip at the date that Eyes4Everest Incorporated cancelled the Trip due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances.
Eyes4Everest Incorporated reserves the right to cancel any tour prior to departure. In this condition, ‘trip leader’ includes both the nominated trip leader and any other nominated person given at any time the task of leading or supervising any aspect of the trip.
Eyes4Everest Incorporated’s trip leaders take their responsibilities seriously and if for any reason a trip leader believes, in his or her absolute discretion, that you should not participate in the trip, before your departure, he/she may exclude you from the trip. If for any reason during a tour the trip leader considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated trip leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the nominated trip leader’s instructions. In this case you will not be entitled to any refund.
Travel insurance may compensate you depending on the circumstances.
- Eyes4Everest Incorporated reserves the right to change, at any time, the trip leader of any trip. If that happens, Eyes4Everest Incorporated will try to ensure that the alternative trip leader has expertise commensurate with that of the trip leader. Any such change by Eyes4Everest Incorporated will not give rise to any right on your part to cancel the trip or claim any expenses, loss or damage which may be suffered.
- Eyes4Everest Incorporated’s trip leaders take their responsibilities seriously and if for any reason a trip leader believes, in his or her absolute discretion, that you should not participate in the trip, before your departure, he/she may exclude you from the trip. If for any reason during a tour the trip leader considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated trip leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the nominated trip leader’s instructions. In this case you will not be entitled to any refund.
- Passports & Visas: All travellers must have a valid passport for international travel. Many countries require passport validity at least 6 months validity from the date of return. All expenditures incurred as a result of such documents not meeting the requirements will be your sole responsibility. It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information. It is recommended that your passport is valid for six months beyond the date of your return home to your home country.
- Travel Advice: For travel advice, please visit the Department of Foreign Affairs and Trade website at www.smartraveller. gov.au, and register with them.
Health: You must ensure that you are aware of any health requirements for your travel and ensure that you carry all necessary vaccination documentation. Please check with your local doctor or specialist travel vaccination clinic.
You must be in good health and physical condition for the Trip. If you suffer from severe muscular, chest heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating. Trips take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility. Eyes4Everest Incorporated reserves the right in its absolute discretion to refuse a participant the right to participate in a trip on medical or fitness grounds.
You declare and warrant that
- you are in good health and mental and physical fitness at the time of booking this trip;
- Eyes4Everest Incorporated will not be liable for personal injury, death or property damage or loss incurred by you.
- Travel Documents: Travel documents or any other document (whether certain conditions and/or restrictions including (without limitation) being non-refundable, non- date-changeable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled or amended. Any errors in names, dates and timings on your documentation will be your responsibility, if not advised at the time of booking. It is your responsibility to collect all travel documents from us prior to travel. As a general rule your travel documents will be available for collection 2 weeks prior to departure. However this will depend on your individual arrangements. Please contact us to confirm when your documents will be ready for collection.
- Governing Law: If any dispute arises in relation to the agreement between you and us as constituted by these terms and conditions or otherwise, the laws of New South Wales, Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and waive any right that you may have to object to an action being brought in those courts.
- Airlines and other transport providers: Any materials published by Eyes4Everest Incorporated are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the Trip. In the event that an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the Trip by Eyes4Everest Incorporated. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions.
- Force Majeure: If Eyes4Everest Incorporated is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Eyes4Everest Incorporated’s reasonable control, Eyes4Everest Incorporated will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the Trip or take any other action as specified in condition 7.
Assumption of risk: For the below reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss. You acknowledge and agree that:
- by the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death;
- in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part;
- the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;
- the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure trip, and
- you have submitted your booking for the trip after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself that information or advice.
No Liability: You acknowledge and agree that:
- where Eyes4Everest Incorporated acts as a booking agent for third-party tour operators it accepts no liability for the acts or omissions of those third-party tour operators and does not authorise any suppliers including hotel management to promise refunds on our behalf; and
- operational control of the trip may be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Eyes4Everest Incorporated; and
- Eyes4Everest Incorporated will not be liable for any breach of any law by any person with whom you travel on the trip; and
- you may not rely on any representations concerning the trip made by Eyes4Everest Incorporated which are not contained in these conditions.
Release and discharge from all claims: To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the trip, you release, waive and discharge all Eyes4Everest Incorporated representatives from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise
- out of or occur during your travel in connection with the trip or any activities conducted in conjunction with the trip, or
- in connection with any optional activities which you may undertake during the course of your trip but which do not comprise part of your trip itinerary and you accept that any assistance given to you by Eyes4Everest Incorporated representatives in arranging such optional activities will not render the Eyes4Everest Incorporated representatives liable to you in any way.
Australian Consumer Law: Under the Australian Consumer Law, statutory guarantees apply to the supply of recreational services of the kind offered by these terms and conditions. “Recreational services” is defined as including activities that involve a significant degree of physical exertion or risk undertaken for the purposes of recreation, enjoyment or leisure. These guarantees mean that Eyes4Everest Incorporated, as the supplier, is required to ensure that the recreational services it supplies to you are rendered with due care and skill and are fit for their intended purpose. Under the Australian Consumer Law, Eyes4Everest Incorporated, as supplier, is entitled to ask you to agree that these statutory guarantees will not apply to you. If you sign this form you will be agreeing that your rights under this agreement, if you are killed or injured because the services provided were not rendered in accordance with these statutory guarantees, are excluded, restricted or modified in the way set out in this condition.
To the extent permitted by law, you hereby exclude, release and forever discharge all Eyes4Everest Incorporated representatives from all liability for any and all claims, loss, damage, cost or expense arising from your death or your suffering physical or mental injury or any other condition, occurrence, activity, form of behaviour, course of conduct or state of affairs as specified in section 139A of the Competition and Consumer Act 2010 and connected with your participation in the recreational services which comprise the tour.
- Waiver: A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
- Severance of conditions: If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.