INSPIRED BOOKING TERMS AND CONDITIONS

You agree to be bound by these Booking Terms and Conditions (“Booking Conditions”) when you register for a challenge with Inspired Adventures Pty Limited ABN 46 125 426 468 (“Inspired”). You register by completing and submitting the Booking Form,

These Booking Conditions apply to your registration, participation in the Challenge and all travel arrangements and activities booked or arranged for the Challenge.

The “Charity” referred to in these Booking Conditions is the Charity for whom you are fundraising for the Challenge. The Charity’s involvement in the Challenge is limited to ther Fundraising.

You acknowledge that the Charity is not involved in the booking, organising, fulfilling or carrying out of the Challenge or the travel and activities undertaken as part of it. These Booking Conditions do not create any legal relationship between you and the Charity.

These Booking Conditions:

(a) are to be read consistently with, and to the extent of inconsistency will override, the Booking Form, Trip Notes and Pre-Departure Information;

(b) are effective unless varied in writing by a person authorised by Inspired; and

(c) override the terms of any previous dealings Inspired may have had with you.

Please read these Booking Conditions carefully because Inspired accepts your booking on the basis that you understand and agree to these Booking Conditions..

1. How to Book

To participate in the Challenge, you must pay to Inspired the registration fee and pay the travel booking cost specified in the payment schedule for your Challenge.

Your registration and travel booking will take effect once the travel deposit or travel booking cost has been received in cleared funds.

If you register less than 12 weeks prior to departure, you may be required to pay the full travel booking cost at the time of registration.

Places are limited and are allocated on a first come, first served basis.

The registration fee and travel deposit compensate Inspired for work undertaken in relation to the booking, and to organising the Challenge, and are non-refundable except where otherwise expressly provided in these Booking Conditions or required by law.

2. Booking on Behalf of Others

If you book on behalf of another participant, you are deemed to be the designated contact person for every participant included in that booking.

You represent and warrant that you have obtained all required consents from those participants.

You are responsible for ensuring that any information you provide on behalf of another participant is complete and accurate. Inspired will not be liable for errors or omissions in information supplied by you on another participant’s behalf.

3. Prices and Payments

All travel costs and prices are subject to travel availability and may be withdrawn or varied before full payment is received.

After full payment has been received, price increases may still occur due to factors outside Inspired’s reasonable control, including adverse currency fluctuations, fuel surcharges, taxes and airfare increases.

Airline taxes are confirmed when your airline ticket is issued. Local taxes, air passenger duties, entry charges or visa fees may also apply and are payable by you as and when they become payable.

Final payment of the travel cost is due no later than 90 days prior to departure unless otherwise stated. Certain airfares or services may require full payment earlier.

If payment is not received within 14 days after payment falls due, Inspired reserves the right to cancel your booking. This will be treated as a cancellation by you.

Payments by funds transfer are preferred and are valid when cleared funds are received.

4. Fundraising

Eligibility to participate in the Challenge is contingent upon you raising the minimum Fundraising Target applicable to your Challenge.

All funds raised for the Challenge must be forwarded to the Charity in accordance with the Conditions of Fundraising.

Failure to lodge the required Fundraising Target by the applicable deadline may render you ineligible to participate further in the Challenge and may be treated as a cancellation by you.

5. Cancellation by You

If you wish to cancel your participation in the Challenge, you must notify Inspired of your cancellation in writing.

If you notify Inspired within 5 business days of registration that you wish to cancel, the registration fee and travel booking deposit, if applicable, will be refunded in full less a processing fee of $250.

If you cancel after 5 business days, cancellation fees will apply and may be up to 100% of the travel costs, depending upon the timing of cancellation and the cancellation policies of the relevant travel service providers.

If you cancel, you may forfeit:

• your registration fee and travel booking deposit;
• travel costs already paid or committed to suppliers;
• airline, accommodation and other supplier cancellation charges; and
• other non-refundable costs incurred in connection with your booking.

Where funds have not been expended or committed to suppliers, or refunds are received from suppliers, Inspired will deal with those amounts in accordance with these Booking Conditions and applicable law.

If a refund is approved and depends upon funds being returned by a supplier, the timing of the refund will depend upon the timing of receipt of those funds. Supplier refunds may take 12 weeks or longer to process.

Cancellation will only be effective when Inspired receives written confirmation of the cancellation.

6. Changes Requested by You

If you request a change to your booking or travel arrangements, amendment fees and additional charges may apply.

We may charge an amendment fee and you will be responsible for any additional supplier charges, airfare differences, taxes or other costs resulting from the change.

Name changes are generally not permitted after full payment has been made. It is your responsibility to ensure that the name provided for your booking matches your passport.

7. Postponement or Cancellation by Inspired

Inspired and/or the Charity may postpone the Challenge, cancel the Challenge or offer an alternative Challenge if there are insufficient participants or if there is another reason why the Challenge cannot proceed as scheduled.

Where this occurs, Inspired will advise you of the options available having regard to the circumstances, costs already incurred or committed and any refunds or credits available from suppliers.

8. Force Majeure

There are circumstances outside the reasonable control of Inspired and/or the Charity which may prevent the Challenge proceeding or affect the way the Challenge or travel arrangements are carried out.

These may include severe weather or road conditions, natural disasters, closure of places or routes, civil or government disturbances, terrorist incidents, military action, epidemics, pandemics, changes to government requirements, border closures, restrictions on international flights, quarantine requirements and operational difficulties experienced by or imposed by accommodation, transport or other service providers.

They may also include circumstances which result in an elevated travel advice being issued by the Australian Department of Foreign Affairs and Trade or an equivalent authority.

If a Challenge is cancelled because of a force majeure event before departure, Inspired will determine any credit or refund available having regard to unexpended travel costs and any refunds or credits received from ground operators and other suppliers.

If the Challenge is changed because of a force majeure event, the term that applies to Changes to Arrangements and Itineraries will apply.

Inspired is not required to refund amounts which have been irrecoverably paid or committed to third-party suppliers except where required by law.

9. Changes to Arrangements and Itineraries

You acknowledge that adventure travel requires flexibility and that itineraries, accommodation, transport, activities and other arrangements may change before or after departure.

Changes may occur to Arrangements and Itineraries because of weather, road conditions, availability, transport schedule changes, vehicle breakdowns, force majeure events or other circumstances outside of the reasonable control of Inspired.

Inspired reserves the right to change part or all of the arrangements where reasonably necessary. Where practical, Inspired will use reasonable endeavours to provide an alternative of a similar standard, quality and duration.

If additional costs are incurred, Inspired will give you the choice to continue with the Challenge and pay the additional costs, or else leave the Challenge.

10. Travel Insurance

Comprehensive travel insurance is compulsory for all travellers participating in an international Challenge, unless waived by Inspired in writing.

It is highly recommended that travel insurance be obtained immediately following registration to obtain maximum benefits.

Your travel insurance must cover accidents, injury, illness and death, medical and hospital expenses including those relating to pre-existing medical conditions, emergency repatriation including helicopter rescue and air ambulance where applicable, and personal liability.

Travel insurance must also cover loss of deposit, cancellation and curtailment. It is highly recommended that your travel insurance also covers loss of personal property.

Your travel insurance must cover the full duration of the Challenge and all destinations in which the Challenge takes place.

You should carry proof of travel insurance and produce it if reasonably requested by Inspired, its employees, agents or representatives.

Inspired reserves the right to cancel or suspend your participation in an international Challenge, or in certain activities forming part of a Challenge, at any time including at or after commencement, with no right of refund or compensation, if you are unable to provide proof of appropriate travel insurance or approved alternative documentation when requested.

In exceptional circumstances, Inspired may, at its sole discretion, permit participation where a traveller is unable to obtain travel insurance coverage because of pre-existing medical conditions, provided the traveller has disclosed this in writing and completed any waiver, acknowledgement, medical clearance or assumption of risk documentation reasonably required by Inspired.

For domestic Australian Challenges, comprehensive travel insurance is strongly recommended. Australian residents are not required to hold travel insurance that includes medical and hospital cover for Challenges conducted within Australia; however, participants must hold appropriate insurance coverage for cancellation and curtailment costs associated with the Challenge.

Participants are also responsible for ensuring they have appropriate coverage for personal belongings, ambulance transport and activities undertaken as part of the Challenge.

11. Inspired's Role as Travel Agent

Inspired acts as a travel agent in arranging travel products and services supplied by third-party service providers including airlines, accommodation providers, transport operators, ground operators, activity providers and other travel service providers.

Inspired is responsible for making travel bookings on your behalf with those providers but is not itself the provider of those third-party travel services.

Travel products and services supplied are subject to the terms and conditions, and limitations of liability, imposed by the third-party service providers.

To the extent permitted by law, Inspired is not responsible for the acts, omissions or defaults of third-party service providers over whom Inspired has no direct control.

12. Acceptance of Risk

You acknowledge that the Challenge may involve adventure activities, and that travel and participation may involve inherent and additional risks.

These may include the possibility of:

(a) death;

(b) physical or mental injury, including the aggravation, acceleration or recurrence of an injury;

(c) contraction, aggravation or acceleration of an illness or disease;

(d) property damage or loss; or

(e) other circumstances which may cause harm or disadvantage to you.

You voluntarily accept the inherent and additional risks associated with participation in the Challenge.

If you are affected by sickness, serious injury or another unforeseen circumstance, Inspired and/or its partner operators may be able to assist in arranging urgent medical treatment or emergency evacuation where reasonably possible.

Decisions regarding medical treatment or evacuation will be made in conjunction with medical professionals, local providers and your travel insurer. You and/or your insurer are responsible for the associated costs.

13. Release of Liability

In consideration of Inspired and the Charity accepting your registration and permitting you to participate in the Challenge, to the extent permitted by law, you waive claims against and release Inspired and the Charity, their officers, employees, agents and representatives from liability for personal injury, death, property damage or loss sustained as a result of your participation in the Challenge, other than where caused by conduct for which liability cannot lawfully be excluded.

Neither Inspired nor the Charity accepts liability, to the extent permitted by law, for the acts, omissions or defaults of third-party providers over whom they have no direct control.

Where liability cannot legally be excluded, liability will be limited to the extent permitted by applicable legislation.

Nothing in these Booking Conditions excludes, restricts or modifies any consumer guarantee, right or remedy (implied by law) which cannot lawfully be excluded, restricted or modified.

14. Health and Medical Requirements

You are responsible for ensuring that you are aware of the health and medical requirements relevant to your Challenge.

If you are travelling internationally or have a pre-existing medical condition requiring disclosure for travel insurance purposes, you may be required to submit an Inspired medical form completed by your General Practitioner confirming that you are medically fit to travel and participate in the Challenge.

Unless otherwise advised, this must be submitted to Inspired 120 days prior to departure.

Inspired may request specialist letters, updated medical reports, medical clearances, waivers or other information where a disclosed medical condition requires further assessment.

Following assessment, Inspired reserves the right, subject to applicable law, to refuse or cancel participation where a participant's medical condition may materially affect their ability to safely participate in the Challenge or where required medical documentation has not been provided.

You are responsible for obtaining any required vaccinations and carrying appropriate vaccination documentation.

15. Passports, Visas and Travel Advice

All travellers must hold a valid passport for international travel and ensure that it meets the validity and entry requirements of the destination countries.

You are responsible for ensuring that you hold all passports, visas, permits and other documents required for your travel.

Inspired may assist in obtaining information regarding visa and travel document requirements from external sources but does not warrant the accuracy of information supplied by third parties.

You should keep under review current travel advice issued by the Australian Department of Foreign Affairs and Trade through Smartraveller, New Zealand SafeTravel or the equivalent authority in your home country.

16. Travel Documents

Travel documents may be subject to conditions and restrictions and generally cannot be transferred.

Airline tickets must be issued in the name appearing on the traveller's passport.

You are responsible for checking names, dates, timings and other information contained in your travel documentation and advising Inspired promptly of any errors.

17. Trip Notes and Pre-Departure Information

Trip Notes and Pre-Departure Information form part of your booking arrangements and may be updated from time to time.

You are responsible for reviewing the most recent information supplied by Inspired.

Where practical, Inspired will advise you of material changes occurring after final documentation has been issued.

18. Special Requirements

Please advise Inspired of any special requirements relating to your travel arrangements, including dietary requirements and rooming requests.

Inspired will use reasonable endeavours to communicate such requests to relevant providers but cannot guarantee that all requests can be accommodated.

19. Privacy

In order to provide services to you, Inspired will need to collect certain information from you, including information of a personal nature.

Information may be disclosed to, or collected on Inspired's behalf, by service providers where required to provide the services associated with your Challenge.

Personal information will be handled in accordance with Inspired's Privacy Policy.

20. Image and Likeness

You grant Inspired and the Charity the right to take images, photographs and videos of you in connection with your participation in the Challenge.

You authorise Inspired, its assigns and transferees to use and publish your image and likeness in print and/or electronically for marketing and promotional purposes.

21. Non-disparagement

You are not to disparage or otherwise bring into disrepute or damage the good name and standing of Inspired or the Charity.

22. Applicable Law – Recreational Services

If governed by New Zealand law, the applicable New Zealand legislation governing accident compensation and recreational services applies.

If governed by Australian law other than in Victoria, this is a contract for the supply of recreational services.

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, section 5N of the Civil Liability Act 2002 (NSW) and equivalent provisions of other Australian States and Territories.

Except to the extent lawfully excluded, the services supplied by Inspired come with guarantees that cannot be excluded under the Australian Consumer Law.

If governed by Victorian law, the applicable warnings and provisions of the Australian Consumer Law and Fair Trading Act 2012 (Vic) concerning recreational services apply.

23. Governing Law

The rights and obligations of the parties will be governed by the laws of:

• New Zealand, for a booking made in New Zealand or a claim brought in New Zealand;

• Victoria, for a booking made in Victoria or a claim brought in Victoria; or
  

• New South Wales, for a booking made elsewhere or for a claim brought elsewhere.