Booking Conditions
The Contract
Parent(s) or Legal Guardian(s) (hereafter collectively "Parent(s)") of any participating minor shall sign this agreement. “you”, “your” or other first person references shall include both the parent and the minor, unless the content requires otherwise. References to “participant” include both minor and adult participants
These booking conditions contain important information. It is essential that you carefully read and understand them. The booking conditions constitute a legally binding contract between the company who is coordinating the Awesome Antarctic Adventures, Outdoor Spirit and you. The contract outlines the services provided by Outdoor Spirit and sets out the basis of your legal relationship with Outdoor Spirit. By booking with us and paying the non-refundable 20% deposit per passenger or full payment, you acknowledge that you have read and understood and that you agree to be bound by these Booking Conditions. If you have any queries regarding these conditions or do not understand them, please raise your query with a member of our staff.
1) PRICES AND VALIDITY
Prices are on twin share basis, and based on costs and exchange rates applicable at the time of offer. Outdoor Spirit reserves the right to adjust prices whether or not you have already made full payment. We will do everything within our control not to adjust prices and will generally only amend prices in the event of marked fluctuations in exchange rates, fuel costs and other operating costs on which prices are based. Passport and visa fees, excess baggage charges, airport taxes, extra meals, laundry, phone, internet, and medical expenses, are not included in the trip price.
2) YOUR TRIP AND ASSUMPTION OF RISK
Outdoor Spirit operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home. By booking with us you acknowledge that participation in all Outdoor Spirit trips involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort.
When assessing whether trips will operate Outdoor Spirit uses information from travel agents in conjunction with advice from the Australian Department of Foreign Affairs and Trade. It is your responsibility to accustom yourself with the travel advice provided by this government body (http://www.smartraveller.gov.au/). By booking with Outdoor Spirit you acknowledge your decision to travel on an Outdoor Spirit trip is made after due consideration of relevant travel information.
3) EXCLUSION OF LIABILITY
Except where stated otherwise, Outdoor Spirit acts as agent for service providers when making arrangements for your trip. Where Outdoor Spirit provides services it will do so with due care and skill. Outdoor Spirit is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. Outdoor Spirit will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the Outdoor Spirit trip are entirely at your own risk.
To the fullest extent permitted by law and subject to the exception set out below, Outdoor Spirit does not accept liability for any loss, damage, death or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of Outdoor Spirit to comply with its obligations under this contract, or in respect of any other conduct that Outdoor Spirit undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Outdoor Spirit and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against Outdoor Spirit or its Representatives as a result of your participation in any trip.
Exception
The “Exclusion of Liability” section set out in these Booking Conditions does not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act 1974 (Cth), and any state or territory Fair Trading Act (or its equivalent).
4) CANCELLATION BY OUTDOOR SPIRIT
Outdoor Spirit reserves the right to cancel a departure and will advise you of such cancellations no later than 30 days before the tour departure date. If due to ‘Force Majeure’ or government travel advice, Outdoor Spirit reserves the right to cancel a departure at any time. With any form of cancellation, Outdoor Spirit will offer you alternative arrangements, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to Outdoor Spirit, less any unrecoverable costs.
Force Majeure
‘Force Majeure’ means a circumstance beyond the reasonable control of Outdoor Spirit and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
5) CANCELLATION BY YOU
All deposits are non-refundable. If cancellation occurs within 120-days of the trip and full payment has not yet been received, the full penalty will still apply and unpaid monies are due immediately. Prices quoted are based on group participation and no refunds will be made for any part of the program in which you choose not to participate. It is understood that refunds cannot be made to passengers who do not complete the services for any reason whatsoever. If the ship company we will be travelling with, Quark Expeditions, is forced to cancel a voyage due to unforeseen circumstances beyond its control, including non-delivery of the vessel, Outdoor Spirit agrees that the only remedy is full refund of all monies paid by Outdoor Spirit to Quark Expeditions for the cancelled voyage. Under no circumstances does Outdoor Spirit have rights to any additional compensation, including but not limited to: sales and marketing expenditures; and claims by passengers, including claims associated with cancellation penalties for pre-paid travel services.
If you wish to cancel all or any part of your booking, notification of cancellation must be made to Outdoor Spirit in writing. The date of the cancellation is the date on which written notification is received by Outdoor Spirit. Days before departure charge applicable as follows, per person:
- 120 days or more prior - full loss of deposit
- If cancellation occurs less than 120 days prior to departure, all payments are forfeited. If full payment has not yet been received, the full penalty will still apply and any unpaid balance is due immediately.
8) AUTHORITY OF THE LEADER
At all times the decision of the Outdoor Spirit leader or representative will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the Outdoor Spirit leader makes about your on-going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by a Outdoor Spirit leader, or interfere with the well-being of the group, then the Outdoor Spirit leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
9) COMPLAINTS
If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or Outdoor Spirit local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip.
10) TRAVEL INSURANCE
Adequate and valid travel insurance is compulsory for all Outdoor Spirit travellers. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. Outdoor Spirit also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must carry proof of insurance with you and produce it if reasonably requested by Outdoor Spirit’s employees or suppliers. Outdoor Spirit 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 after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested.
11) PASSPORT AND VISAS
It is your responsibility that you carry a valid passport and have obtained the appropriate visas when travelling with Outdoor Spirit. Please ensure that your passport is valid for 6 months beyond the duration of your trip.
12) PUBLICITY
You agree that Outdoor Spirit may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
13) GOVERNING LAW
This agreement will be governed by and construed in accordance with the law of NSW, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of NSW, Australia as regards any claim or matter arising under this agreement.
