Terms and Conditions

Please read carefully these terms and conditions of contract. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between Tasmanian Mountain Guides Pty Ltd ACN 600 789 866 (TMG) and you. These conditions apply to the exclusion of any other terms or conditions unless they are set out in the Booking Form or are otherwise agreed to in writing or email by the parties. Previous dealings between the parties will not vary these conditions. No purported variation of these conditions will be effective unless in writing or email and signed by a person so authorised by Tasmanian Mountain Guides. In these terms and conditions reference to “Tasmanian Mountain Guides eepresentatives” means trek leaders (or guides) and staff of Tasmanian Mountain Guides  and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in Tasmania. 1. How to Book To reserve your place on one of the treks, each person is to complete the registration form and medical questionnaire, send the two forms and deposit to Tasmanian Mountain Guides either online or hard copy through the post. Clients are advised to contact Tasmanian Mountain Guides prior to sending registration and payment to ensure both parties are satisfied with the correct address and booking details. A non-refundable deposit of 25% of the total trek cost per person is required at the time of booking to cover track fees and consumables for the trek. TMG reserves the right to reject any booking on the basis of the information contained in the medical questionnaire. In this case a full refund of the deposit will be made. 2. Payment The prices quoted on our website are for payment by funds transfer into a nominated Tasmanian Mountain Guide bank account. The account details are on the registration form. TMG also accepts credit card payments either over the phone or via e-mail. A 1.29% surcharge will be added for credit card payments.The balance of the trek price is payable to Tasmanian Mountain Guides no less than 28 days prior (for a multi day and lodge based trip) or 7 days (for a single day trip) to the first day of introductory lessons. Prices are quoted in Australian dollars and all payments must be made in Australian dollars. If payment of the balance of the tour price is not received by Tasmanian Mountain Guides by the required time you will be taken as having cancelled the trek and a cancellation forfeiture in accordance with condition 4 will apply. 3. Amendments/Transfers AMENDMENTS: If you wish to make amendments to your trek arrangements, you must notify Tasmanian Mountain Guides via e-mail 14 days prior to the first day of introductory lessons. Each amendment to your trek arrangements will be considered and altered if possible, however, there may be some amendments that cannot be implemented. If applicable, you will be liable for any increase in airfares or operational expenses occasioned by the amendment. All administration fees must be paid before departure. Amendments may include but are not limited to, departure dates, trek durations, trek locations, and dietary requirements. TRANSFERS: If you wish to transfer from one trek to another, you must notify Tasmanian Mountain Guides via e-mail no less than 28 days prior (for a multi day and lodge based trip) or 7 days (for a single day trip) to the first day of introductory lessons. Once Tasmanian Mountain Guides receives your notice the transfer will take effect subject to the following; Transfers may only be made to another trek to commence within 12 months of your original departure date and the following will apply: • Increase in airfares or operational services will be payable by you • On all treks a date change is considered to be a cancellation of the original booking and cancellation fees will apply as set out in condition 4. A transfer may be made from one person to another providing the registration form, medical questionnaire and necessary payments have been made as set out in condition 1. Note: Any requested amendment to tour arrangements or transfer from one trek to another is subject to availability and the agreement in writing or email by Tasmanian Mountain Guides. A transfer is in effect a cancellation and Tasmanian Mountain Guides has discretion in this regard. 4. Cancellations If you wish to cancel your trek, you must notify Tasmanian Mountain Guides via e-mail. Once Tasmanian Mountain Guides receives your notice, cancellation will take effect subject to the following: • If cancellation takes place 28 days or more prior (for a multi day and lodge based trip) or 7 days (for a single day trip) to the first day of introductory lessons, your deposit will be forfeited, and any remaining balance already paid to Tasmanian Mountain Guides will be refunded. • If your notice is received within 28 days prior (for a multi day and lodge based trip) or 7 days (for a single day trip) to the first day of introductory lessons 100% of your trek price will be forfeited. The trek price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to Tasmanian Mountain Guides by you, may be recovered from you by Tasmanian Mountain Guides as a debt due and payable. 5. Health & Fitness Requirements You must be in good health and physical condition to attend an activity with Tasmanian Mountain Guides. Tasmanian Mountain Guides has a conditioning program that is available to clients and can be sent free of charge if requested. The program is a guide only and must be reviewed by the clients doctor prior to its undertaking. For all Tasmanian Mountain Guides treks you will be required to submit a medical questionnaire completed by you or your doctor to satisfy Tasmanian Mountain Guides  that you are fit enough to participate in the trek. Every effort will be made to ensure that a client will be able to attend a trek, however if in the opinion of the Tasmanian Mountain Guides Senior Instructor that a client may pose a risk to either themselves or other members of the party, that client may be denied a start on a trek until such time as their condition has changed. 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. Treks 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. The decision to evacuate a client from a trek is entirely Tasmanian Mountain Guides decision and in this case the client will meet the expense.Tasmanian Mountain Guides reserves the right in its absolute discretion to refuse a client the right to participate in a trek on medical or fitness grounds. 6. Medical Disclosure You declare and warrant that; • you are in good health and mental and physical fitness at the time of booking this trek; • you have disclosed to Tasmanian Mountain Guides every matter concerning your health, mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to Tasmanian Mountain Guides’ decision to permit you to attend the trek; • Immediately upon any adverse change in your health or fitness that may be likely to affect Tasmanian Mountain Guides’ decision to permit you to go on a trek, you will notify Tasmanian Mountain Guides in writing of any such adverse change; • Tasmanian Mountain Guides are permitted to disclose medical information to our consultant doctor. • Tasmanian Mountain Guides’ consultant doctor may exclude you from a tour if he/she deems it necessary. You acknowledge that the obligation to disclose under this condition continues from the time of booking the trek through to departure and extends for the duration of the trek. If you fail to comply with the duty of disclosure in this condition and if Tasmanian Mountain Guides would not have permitted you to undertake the trek, or continue participation of the trek, had you made full disclosure under this condition, Tasmanian Mountain Guides will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss incurred by you. 7. Trek Guides Tasmanian Mountain Guides reserves the right to cancel any trek prior to departure. In this condition, ‘trek guide’ includes both the nominated trek guide and any other nominated person given at any time the task of leading or supervising any aspect of the trek. • Tasmanian Mountain Guides’ take their responsibilities seriously and if for any reason a guide believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, even if you pass your medical, he/she may exclude you from the trek. In this event, but subject to condition 5, you will be offered the option of taking another trek considered suitable for you or a refund of the balance minus deposit. If for any reason during a trek the guide considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated guide, your behavior 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 guides instructions. In this case you will not be entitled to any refund. Any expenses incurred relating to the evacuation from wherever the client happens to be at the time that the trek guide makes the decision that they must not continue, it is to be the sole responsibility of the participant and the arrangements for the evacuation will be those that the trek guide decides is appropriate in the circumstances. Travel insurance may compensate you depending on the circumstances. • Tasmanian Mountain Guides reserves the right to change, at any time, the guide(s) of any trek. If that happens, Tasmanian Mountain Guides will ensure that the alternative guide has expertise commensurate with that of the original guide. Any such change by Tasmanian Mountain Guides will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered. 8. Cancellation due to trek booking numbers Tasmanian Mountain Guides reserves the right to cancel any trek prior to departure in the event that there are too few people booked on a trek in which case you will be given a full refund of the trek price paid by you. In this case all parties concerned will be advised no less than 28 days prior (for a multi day and lodge based trip) or 7 days (for a single day trip) to the first day of introductory lessons. 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, departure, gear purchases, airport and airline taxes). 9. Route changes, Postponement, Cancellation or Delay Tasmanian Mountain Guides reserves the right to: • cancel or modify any routes within the trek or objectives set out in the itinerary; or • substitute different or equivalent routes within the trek 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 trek) any such aspect of the trek if, in the absolute discretion of Tasmanian Mountain Guides, 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 otherwise or if, in the absolute discretion of Tasmanian Mountain Guides, 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 trek or the aspect of the trek being undertaken in accordance with your booking or for any other reason considered necessary by Tasmanian Mountain Guides . 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 trek 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. Tasmanian Mountain Guides also reserves, in its absolute discretion, the right to cancel any trek due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 4 applies as if you had transferred or cancelled the tour at the date that Tasmanian Mountain Guides cancelled the trek due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances but Tasmanian Mountain Guides does not warrant the sufficiency or adequacy of any insurance you may hold in this regard. 10. Itineraries and brochures Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by Tasmanian Mountain Guides. The information contained in Tasmanian Mountain Guides’ brochures, itineraries, and Internet sites are, to the best of Tasmanian Mountain Guides’ belief, correct at the date of publishing. 11. Insurance Personal travel insurance is not included in the trek price. It is your responsibility to ensure that you are adequately insured for the full duration of the trek 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. Tasmanian Mountain Guides will not indemnify clients in respect of any shortfall or inadequacy of your insurance in respect of any expense arising out of your trek for which you are responsible. 12. Proof of citizenship or information required to travel 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 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 to your home country. 13. Airlines and other transport providers Any material published by Tasmanian Mountain Guides, the Booking Form and these conditions of contract 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 trek. 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 trek by Tasmanian Mountain Guides. Any flights or other transport forming part of the trek 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. 14. Trek Prices Prices are based on costs and assumptions made at the time of posting. Tasmanian Mountain Guides will attempt to limit increases in trek prices, however sometimes increases are outside its control. The most current prices will be listed at tasmtnguides.com.au so visit the website before booking. Tasmanian Mountain Guides reserves the right to amend trek prices without notice at any time. Once a registration form, medical questionnaire, and deposit has been received by Tasmanian Mountain Guides, the price will remain fixed without any alteration for that particular client. 15. Exclusions from tour price Without limitation, the following items are excluded from the trek price: • personal travel insurance; • visa, passport and vaccination charges; • departure, airport and airline taxes; • extra meals, transport costs, accommodation costs, or other expenses not included in the itinerary; laundry, postage, personal clothing, 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. Tasmanian Mountain Guides cannot safely allow clients to commence treks with inadequate equipment. In the case of a client arriving for a trek with inadequate gear (based on the list “what you need to bring”) The client will need to purchase sufficient gear at their own expense, with oversight from a TMG guide if the client wishes to continue with the trek. If the client does not wish to purchase the required gear, then a cancellation (clause 4, within 28 or 7 days) will apply. 16. Force Majeure If Tasmanian Mountain Guides 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 Tasmanian Mountain Guides’ reasonable control, Tasmanian Mountain Guides will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in condition 9. This provision reserves the right of Tasmanian Mountain Guides to have unlimited discretion as to what response it takes to an event it considers to a force majeure. 17. Assumption of risk 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. • 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, 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 trek, and; • you have submitted your booking for the tour after giving due consideration of relevant travel information. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed trek and the accompanying risk of injury, death or property damage or loss. Clients also accept full responsibility for the assessment of their own capacity to participate in the trek. 18. No Liability You acknowledge and agree that: • Tasmanian Mountain Guides will not be liable for any breach of any law by any person with whom you travel on the trek; and • you may not rely on any representations concerning the trek made by Tasmanian Mountain Guides which are not contained in these conditions. This provision is to be read in conjunction with clause 19. 19. Release and discharge from all claims To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the trek, you release, waive and discharge all Tasmanian Mountain Guides 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 trek or any activities conducted in conjunction with the trek unless caused by the reckless conduct of Tasmanian Mountain Guides representatives, or • in connection with any optional activities which you may undertake during the course of your pre or post trek but which do not comprise part of your trek itinerary and you accept that any assistance given to you by Tasmanian Mountain Guides representatives in arranging such optional activities will not render the Tasmanian Mountain Guides representatives liable to you in any way. 20. 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 Tasmanian Mountain Guides, 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, Tasmanian Mountain Guides, as supplier, is entitled to ask you to agree that these statutory guarantees will not apply to you. If you sign the agreement of 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 Tasmanian Mountain Guides 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 behavior, course of conduct or state of affairs as specified in section 139A of the Competition and Consumer Act 2010 (except in the case of liability arising from the reckless conduct on the part of the Tasmanian Mountain Guides representatives) and connected with your participation in the recreational services which comprise the trek. 21. Privacy You permit Tasmanian Mountain Guides to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. Your personal information may be disclosed to health professionals and others by Tasmanian Mountain Guides in order to assist them act in respect of your health, welfare and safety. 22. 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. 23. 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. 24. 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 Tasmania