Terms and Conditions
Please read the following terms and conditions carefully, particularly in relation to our role as facilitator only and the requirement that you have adequate insurance. In completing and submitting the Booking Form at www.girlstrek.com.au you agree to the bound by these conditions which constitute the agreement between Girls Trekking Adventures Pty Ltd trading as GirlsTrek (GirlsTrek, we, us) and yourself. In these Terms and conditions, GirlsTrek means our staff, guides, officers, employees, agents and licensees, including any Guides to whom we subcontract duties under these Terms and Conditions.
Booking Terms and Conditions
Definitions
Guide means an individual engaged by GirlsTrek to act as guide throughout a Facilitated Trip, specifics of which are set out in clause 11.
Trek Services means the supply of a Guide to provide their expertise in navigating the Facilitated Trip, and any associated supplies, documentation or items as agreed, in exchange for the fees charged by GirlsTrek.
2. Trek Services
GirlsTrek engages Guides who accompany travellers on their ‘trekking’ journey in a particular location. In providing the Trek Services, GirlsTrek acts as a ‘facilitator’ – connecting a number of independent travellers wishing to ‘trek’ in the same or similar location and assigning a Guide to accompany them (a Facilitated Trip). If all independent travellers agree, the Guide may also make recommendations to the travellers on their trek, including recommendations in relation to other experiences and engagements which they may be involved in as incidental to the Facilitated Trip.
As an independent traveller, you wish to have the benefit of the Trek Services on your next journey. You agree to engage in a Facilitated Trip with other independent travellers and a Guide under the terms of this Agreement.
3. Prices, Fees and Payments
All prices are subject to availability and can be withdrawn or varied by us without notice. The price is only guaranteed when paid in full. Prices quoted on the website are subject to change without notice and at our complete discretion. Price changes may due to matters outside our control, including currency fluctuations, fuel surcharges, taxes and transport and supplier increases. Please contact GirlsTrek for up to date prices. All prices are inclusive of GST unless otherwise stated.
You must notify us of cancellations and changes to bookings in writing and as soon as possible. We strongly recommend you take out travel insurance at the time of booking to cover any unforeseen cancellation. Additionally:
Booking fees are non-refundable and non-transferable
Deposits are non-refundable and non-transferable for all trips guaranteed for departure;
Cancellation between 6 months and 90 days prior to travel will incur a cancellation fee of 65% of the total amount of the trip;
Cancellation later than 90 days prior to travel will mean that the full cost of the trip is non-refundable and non-transferable; and
All changes made to bookings incur an administration fee of $150.00 per change.
For our ONE DAY products only we allow cancellation for a fee of $50 at any time up until 24 hours prior to departure. Cancellations within 24 hours incur full cancellation and funds paid are non refundable and non transferrable.
We receive payments via various payment methods as determined by us from time to time, including BPAY, Direct Deposit or Credit card. Your booking will not be considered reserved until the requested deposit has been received and will not be considered final until all payments are made in full on the terms we set.
Our Facilitated Trip require a minimum of 10 passengers for guaranteed departure unless minimum group size specifically states otherwise. We may also decide at our discretion, where safe and responsible to do so, operate trips with smaller numbers than this and to operate with only one guide.
In the event of a Force Majeure, there is no refund. Your funds will be placed in a travel credit less any unrecoverable costs associated with the trip you have paid for. Your travel credit may be used on any GirlsTrek departure for up to 12 months from your original date of departure. A “Force Majeure Event” includes but is not limited to, acts of God, fire, earthquake, flood, windstorm or other extreme weather events, war, civil commotion, riot, blockade or embargo, breakdown, union dispute, epidemic, pandemic, COVID, lack or failure of courses of supply, passage of any law, order, regulation, ordinance, proclamation, demand, requisition or requirement or any other act of any government authority, outside of the reasonable control of either parties whether or not foreseeable, which renders performance impossible.
Our Facilitated Trips have standard exclusions. These include travel to and from the ex destination point, travel insurance, beverages, personal and optional expenses.
4. Travel
We may manage bookings for the Facilitated Trips as part of the Trek Services, however:
Our management of bookings does not constitute an agency relationship;
While we may provide you details for third party travel partners, including airlines, transport and accommodation companies, we take no responsibility for, and you indemnify us against, any issues, delays, breaches or claims by or against third party travel providers;
You are responsible for any costs associated with joining a Facilitated Trip if your flight experiences delays or otherwise and does not arrive in time for the arranged group departure; and
You acknowledge and understand that our obligations under this Agreement, subject to any exclusions or limitations, only extend to Trek Services expressly set out in this Agreement or in writing elsewhere.
We may act as an agent for third-party service travel providers (Providers) in some locations from time to time. Bookings made with Providers represent a contractual relationship between you and that Provider, and will be subject to their terms and conditions. You acknowledge and agree that we have no control over Providers and offer no guarantees regarding same. Where a Provider breaches their obligations, you:
acknowledge that your sole remedy is against the Provider;
warrant that you will bring no claim or action against us which involve a Provider; and
indemnify us against any and all claims or liability in relation to that Provider.
5. Insurance
Travel insurance is strongly recommended for our facilitation of a Facilitated Trip and we are reluctant to provide Trek Services to those without adequate insurance. Prior to undertaking the Trek, you will ensure that:
you purchase travel insurance from a reputable provider (Insurance) which indicates in its Product Disclosure Statement that the Insurance has:
top medical and emergency evacuation cover and covers “trekking” as an activity; and
will provide full cover for you irrespective of your actions on the Facilitated Trip, or the actions of any service provider, including GirlsTrek.
includes cover for COVID related disruption
where you have any doubts about the extent of the Insurance cover, you contact that insurer prior to purchasing the product and obtain a written assurance from them that you will be fully covered for the Facilitated Trip; and
you do all other acts and things necessary to ensure that, should you be injured, incapacitated or otherwise harmed while on the Facilitated Trip and engaging us for the Trek Services, the Insurance will cover any and all associated costs.
You release, indemnify and forever discharge us for any and all damages, costs or liability (however caused) which results from your failure to obtain adequate Insurance prior to your Facilitated Trip.
We reserve the right to request evidence of your travel insurance and may, in our complete discretion, refuse to provide you the Trek Services where you do not hold appropriate insurance.
6. Liability
Subject to the application of any applicable consumer law and to the maximum extent permitted by law, we exclude from this Agreement and you hereby release and indemnify us from, all guarantees, conditions and warranties that might but for this clause be implied into this Agreement, including all liability to you for any costs, expenses, injury, inconvenience losses and damages suffered or incurred directly or indirectly by you in connection with this Agreement, including using the Trek Services, whether that liability arises in contract, tort or under statute, whether for our actions or the actions of a third party. You acknowledge and agree that we will not, under any circumstances, be liable to you for any consequential, special, exemplary or any other type of loss, however caused.
If our liability under this Agreement cannot be lawfully excluded, to the maximum extent permitted by law, our liability for breach of any condition under applicable consumer law is limited:
in the case of goods, to (at our option) the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired;
in the case of services, to (at our option) the supplying of the services again; or the payment of the cost of having the services supplied again.
7. Special Requirements
Where the Facilitated Trip includes our Guides arranging food or other necessities, you must liaise with GirlsTrek regarding any special requirements you may have (such as special dietary requests). Where we cannot accommodate a request, we will inform you of same.
8. Passports & Visas
It is your responsibility to ensure that you have valid passports, visas and re-entry permits. You indemnify and hold us harmless for any fines, penalties, payments or expenditures incurred as a result of your travel documents not meeting the requirements, and any measure we take in response. You acknowledge that you must have a valid passport for international travel and that many countries require at least 6 months validity from the date of return. If you need information regarding visa and other travel document requirements for your trip please contact us. We may assist in obtaining information from an external visa advisory service provider on your behalf, but do not warrant the accuracy of such information and accept no liability for any loss or damage which you may suffer in reliance on it.
9. Travel Advice
Should you require travel advice, you agree that you will contact the Department of Foreign Affairs and Trade or visit their website.
10. Health and Fitness
You must ensure that you are aware of any health requirements for your trip and that you carry all necessary vaccination documentation. You acknowledge that you must also:
check with your local doctor or specialist vaccination clinic at least two (2) months prior to the trip regarding your health and required vaccinations (or otherwise, as soon as possible);
be in good health and physical condition for your chosen trip;
complete any documentation we request as part of the Facilitated Trip, which will may include providing information on your physical health and current physical activity levels; and
Pay for any and all medical evaluation fees necessary in proving your fitness.
We may require that you provide us with a Doctors Certificate clearing you to participate in a Facilitated Trip. The trek we are assisting you to organise may take place in remote areas where there is little or no access to normal medical service or hospital facilities. If you require evacuation, it can be prolonged, difficult and expensive. You acknowledge and agree that all medical and evacuation expenses will be your responsibility, and that we may refuse to provide Trek Services on any Facilitated Trip on medical or fitness grounds.
11. Guides
GirlsTrek will appoint a guide or guides for the purposes of providing the Trek Services (Guide) on a Facilitated Trip. You acknowledge and agree that the Guide:
is not as a supervisor, leader or ‘responsible’ for you in any way;
is responsible only for providing guidance and advice to you as part of the Trek Services, which may include details about walking trails, reserved accommodation and camping sites;
may cease providing the Trek Services to you if, in their absolute discretion, they believe:
you should not participate in the trek due to health and fitness reasons;
you have committed an illegal act;
your behaviour is causing or likely to cause danger, distress or annoyance to others; or
there is any other reason for which you should no longer receive the Trek Services; and
may recommend changing, at any time and in their complete discretion, the itinerary of the Facilitated Trip if circumstances make that necessary for safety of any independent traveller or any other relevant reason.
Despite clause 1, you acknowledge and agree that:
voluntarily submitting yourself to the guidance of the Guide will be the most desirable and safest way to participate in the Facilitated Trip;
you will voluntarily submit yourself to the guidance of the Guide when a Facilitated Trip has commenced; and
where a Guide resolves to cease providing Trek Services under clause 1(c), you will discontinue your engagement with the Facilitated Trip and you will not be entitled to any refund for the Trek Services.
We reserve the right to change the Guide providing the Trek Services at any time.
12. Privacy Policy
How we use, store and deal with your personal data, included any personal data provided under this agreement, is governed by our Privacy Policy as amended from time to time.
13. Acknowledgment of Risk
By voluntarily participating in the Facilitated Trip and receiving the Trek Services, you acknowledge that:
you may be exposed to hazards and risks that could lead to injury, illness or death, or to loss of, or damage to your property;
if you are injured, you may be in a location or circumstance where evacuation for medical treatment may take hours;
in many countries where Facilitated Trips take place, standards of accommodation, transport, health care, hygiene, safety and service provision generally may not be as high as those standards in your country of residence; and
you may be subject to natural disasters, acts of god, acts of war, adverse weather or many other types of unforeseen and extreme events.
You agree that you are solely responsible for your safety when participating in a Facilitated Trip, and you are not relying on any aid, instruction, medical expertise or other assistance from GirlsTrek or a Guide, save that set out in clause 11. You warrant and agree that you will take all actions necessary to minimise any risk and chance of injury, including by ensuring that:
All parts of the Facilitated Trip are within your recognized capabilities;
You carry the recommended water, food and equipment as indicated on any GirlsTrek documentation and the verbal daily briefing given by the Guide;
You advise the Guide if you are taking any medication or have any physical or other limitation that might affect your participation in a Facilitated Trip;
You ensure that if you are taking any medication, you have more than a sufficient supply in all circumstances;
You make every effort to remain with the rest of the party during any Facilitated Trip;
You advise the Guide immediately of any concerns you are having during a Facilitated Trip;
If you become unwell, you notify a Guide.
14. Private Groups
Where the Facilitated Trip is for a private group, a minimum of 10 passengers are required unless minimum group size specifically states otherwise. Six months prior to departure the minimum numbers must be reached. If the private group has not reached the minimum numbers by this time, the trip is deemed as not proceeding. Those booked on the trip can collectively decide to;
Pay a surcharge to travel with less numbers
Open the departure up to the wider GirlsTrek community to gain additional passengers
Cancel the trip and receive a refund of deposit
The decision must be unanimous within the private group.
15. General
This agreement contains the entire understanding between the parties in relation to its subject matter and supersedes any previous arrangement, understanding or agreement relating to its subject matter. There are no express or implied conditions, warranties, promises, representations or obligations, written or oral, in relation to this agreement other than those expressly stated in it or necessarily implied by statute.
This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of Queensland, Australia, and the parties submit exclusively to that jurisdiction.
Each provision of this agreement is separate and severable. No failure, delay, relaxation or indulgence by a party in exercising any power or right conferred upon it under this agreement will operate as a waiver of that power or right. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under this agreement.
GirlsTrek is an independent contractor and nothing in this agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between us and you.
This agreement may be signed by e-signature, and both parties agree to accept electronic transmissions in accordance with the terms of the Electronic Transactions Act (Queensland) 2001 (Qld).
Gift Voucher Terms and Conditions
GirlsTrek Gift Vouchers are available to be purchased via www.girlstrek.com.au. The Gift Voucher can be redeemed direct through GirlsTrek. Gift Vouchers are valid for 3 years from date of purchase. The minimum Gift Voucher amount is $100. There is no maximum limit, as long as the amount you wish to gift is in multiples of $100. Gift Vouchers can be redeemed on any GirlsTrek trip or GirlsTrek shop purchases. Gift Vouchers can be partially redeemed and the balance will not be paid out in cash. If your voucher is lost or stolen, please contact GirlsTrek immediately with the details of the purchaser. Gift vouchers can be used in conjunction with all promotional offers. Gift Vouchers are not refundable (in part or in full amount paid) or redeemable for cash. Additionally, if the voucher is redeemed for a trip that is not viable and will not depart, you will be eligible for a gift voucher of equal value to the amount redeemed towards the trip.