BOOKING TERMS & CONDITIONS
Please take the time to read and understand the conditions of booking set out below prior to booking an expedition with Madison Stewart. We strongly recommend that you speak with us before making payment and that you read the trip notes relating to your trip to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking. Please also ensure you take out insurance prior to making payment.
1. Our contract
All bookings are made with SUP Wilderness Adventures (ABN: 83 594 527 530). By booking a trip with us you are deemed to have agreed to these Booking Terms & Conditions, Booking Form, and the Participant Waiver. If your booking is accepted by us, it will be on this basis. The services to be provided are those referred to in your booking confirmation invoice.
2. Validity Dates
Itineraries and prices are valid until 31 December 2019, beyond which dates, itineraries and prices are indicative only.
3. Deposit requirement
You are required to pay a non-refundable deposit of 20% of the trip cost per person for your place on a trip to be secured. If your booking is made within two calendar months of the trip commencement date then the full amount is payable at the time of booking.
4. Acceptance of booking and final payments
If we accept your booking, we will issue you with an invoice. A contract will exist between us from the date we issue the invoice or - if you book within 7 days of departure - the contract will exist when we accept your 20 per cent deposit. Full payment for the trip is due no less than two calendar months prior to the trip commencement date. If the balance is not paid on or before the due date, then we reserve the right to treat your booking as cancelled, with no refund payable to you. Transaction fees may apply, depending on payment method.
5. Trip kitty
On some trips, you may be asked to contribute to a Kitty. The Kitty is a compulsory payment put into a central fund and overseen by the travellers and the crew. It helps fund meals and keep costs low.
6. Your details
In order for us to confirm your travel arrangements, you must provide us with all requested details. Necessary details include: full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions that may impact accommodation, dietary or travel requirements, or that may affect the group and/or your ability to complete your travel arrangements. Your trip cannot be undertaken without provision of these. A failure to comply will result in cancellation of your booking at your cost.
7. Cancellation by the traveller
If you cancel some or all portions of your booking, cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:
• three calendar months or more prior to departure, we will retain the 20% deposit;
• between three calendar months prior to departure and two calendar month, we will retain 50% of the total booking cost; and
• Two calendar months or less prior to departure, we will retain 100% paid by you in connection with the booking.
You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.
8. Cancellation by us
We may cancel a trip at any time up to one calendar month before departure, subject to clause 14. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, 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 alternatively receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. If we cancel your right to participate due to your having breached the terms of our agreement prior to or during travel, then you will not be eligible for a refund. 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. Please note that different cancellation conditions may apply to some styles of trips, your booking consultant will advise if differences apply.
9. Booking amendments
If you wish to transfer from one trip to another or transfer your booking to a third party, then you must notify us at least three calendar months prior to the proposed departure date. A fee of $150 per person per change will apply (in addition to any price difference and charges levied by hotels, ground operators or airlines). If you notify us less than two calendar months prior to the proposed departure date, the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the nominated person meets all the requirements in relation to the trip and has been approved by SUP Wilderness Adventures. No amendments are permitted to your booking within 10 days of departure.
The land price component of your trip includes:
• accommodation and related taxes as listed in the Trip Notes
• transport as listed in the Trip Notes
• activities, fees, meals and beverages as listed in the Trip Notes
• the services of a group leaders as described in the Trip Notes
• other services as listed in the Trip Notes
The land price of your trip does not include the following, nor anything else not specifically stated as included in the Trip Notes:
• international or domestic flights unless specified
• airport transfers, taxes and excess baggage charges unless specified
• meals and beverages other than those specified in the Trip Notes
• visa and passport fees
• travel insurance
• optional activities and all personal expenses
12. Prices & surcharges
Our trip prices are subject to variable and seasonal pricing and exchange rates; both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip may have been charged different prices. Your best option if you like the price you see is to book at that time. Once you have received a quote the price will be locked in provided you pay the required deposit prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. 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 website. Prices are based on currency exchange rates as of the date of the trip listing.
We reserve the right to impose surcharges up to two calendar months before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for the any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price, you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. We will not surcharge any booking for travel once paid in full. Please note that a levy of up to 4% will be applied to all purchases made by credit card.
13. Age & Health Requirements
Minimum General Policy: For our Youth trips, the minimum age is 12 years at the time of travel. However, requests may be made to allow younger travellers. Such requests should be made directly to firstname.lastname@example.org
Please note that adults may be required to share with others in the group on a twin share basis. 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. The legal guardian or their designee will be responsible for the day to day care of any traveller under the age of 18. 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.
Maximum General Policy: For the majority of our trips we have no upper age limit although we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We provide details on minimum health requirements and recommended travel medicine requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
14. Small groups & combination trips
Our trips are guaranteed to depart once they have reached the specified minimum group size. Many of our trips are designed to fit with other departures to create a longer "combination" trip; this means that some of your group may have already been travelling together for some weeks when you commence your trip. If you would like to know how many people are booked on your trip or any combination trip it is part of please ask prior to making your booking.
15. Passport and visas
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which you will visit during your trip. Your passport must be valid for 6 months beyond the end date for the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the Trip Notes for details. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
16. Travel insurance
Comprehensive travel insurance is compulsory for all our travellers and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide proof of your travel insurance prior to trip commencement.
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.
18. Change of itinerary
While we endeavour to operate all trips as described, we reserve the right to change the trip itinerary. Please refer to the private Facebook Group page for your trip for the most recent updates to your itinerary. 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 half of the itinerary.
After departure: We reserve the right to change an itinerary after departure due to local circumstances, group request or events outside of our control. In 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. We are also not responsible for any additional expenses incurred as a result of changes made due to ill health.
19. Appropriate behaviour
For your own safety and that of others around you, we ask that you abide by the instructions of the leadership team and guides at all times. We have zero tolerance of travellers who bully or are disrespectful of others in the group, the trip leader or the local people. This includes inappropriate sexual behaviour. We ask that you wear a culturally appropriate choice of clothing. Alcohol/ substance abuse or violence will not be tolerated. Engaging in disruptive behaviour that negatively affects the group/ trip leader before, during or after a trip will result in the cancellation of your booking/ expulsion from the group, with no right to refund. You will be asked to leave the group at the nearest port and you will be solely responsible for any costs associated with your onward travel and return to country of origin. Should you fall foul of the law while we are overseas, we will contact your next of kin and the embassy or consulate representing citizens of your country. After that, you will be on your own.
20. Authority to act
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, comfort or well-being of any person participating in the trip. 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. We may also elect not to carry you on any future trips booked. You must at all times 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.
21. Acceptance of risk
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural, environmental and geographical attributes present dangers and physical challenges greater than those present in our daily lives. 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 possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
22. Limitation of liability
SUP Wilderness Adventures acts only as an agent for the various independent suppliers that provide hotel accommodations, transportation, sightseeing, activities, or other services connected with this tour. Such services are subject to the terms and conditions of those suppliers. SUP Wilderness Adventures and their respective employees, agents, representatives, and assigns accept no liability whatsoever for any injury, damage, loss, accident, delay, or any other incident which may be caused by the negligence, defect, default of any company or person in performing these services. Responsibility is not accepted for losses, injury, damages or expenses of any kind due to sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes. All services and accommodations are subject to the laws and regulations of the country in which they are provided.
SUP Wilderness Adventures is not responsible for any baggage or personal effects of any individual participating in the tours / trips arranged by SUP Wilderness Adventures. Individual travellers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects. We 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.
To the fullest extent permitted by law:
• 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;
• you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
• any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
You will be asked to sign a Waiver of Liability/ Deed Poll before the commencement of each trip. Refusal to sign such will result in the immediate cancellation of your booking with no right to refund for monies paid as your refusal will be deemed to be cancellation on your part. Refusal to provide the requested travel documentation will also result in your exclusion from the trip, with no right to refund.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion):
(i) the provision of a similar trip to an equivalent value; or
(ii) a refund of the total amount received by us from you in connection with your booking.
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.
23. Optional activities
Optional activities not included in the trip price do not form part of the trip or this contract. 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. The contract for the provision of that activity will be between you and activity provider.
24. Claims & complaints
If you have a complaint about your trip please inform your group leader or our company representative at the time, in order that they can attempt to rectify the matter. 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 tour.
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.
26. Photos and marketing
You consent to us using images or film of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
NON-COMPETITIVE CLAUSE: Further, you understand and accept that all rights to the project/ story/ film concept is the sole and exclusive property of Madison Stewart. Upon signing, you agree not to take this concept to funding agencies, investors, sales agents, brand sponsors, film distributors/ producers, broadcasters or philanthropic organisations for funding to develop the concept or produce a film/ book/ blog/ website/ exhibition or any other artistic production, without the prior written consent of Madison Stewart.
27. Applicable law
The laws of Queensland, Australia govern these Booking Terms & Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Terms & Conditions must be initiated in the courts of Queensland, Australia.
28. Registered address
SUP Wilderness Adventures, 1 Templestowe Crt, Robina, Qld 4226, Australia
29. Updating of Terms & Conditions
SUP Wilderness Adventures reserves the right to update and/or alter these Terms & Conditions at any time, and it is the Client’s responsibility to be familiar with them. The latest Terms & Conditions can be found on our website (www.supwildernessadventures.com) and will supersede any previous versions, including those agreed to at the time of booking. (Last updated: 25 May 2018)