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INSPIRED ADVENTURES BOOKING TERMS AND CONDITIONS

By completing and submitting the Booking Form, you agree to be bound by these terms and conditions (“Booking Conditions”) when you register for a challenge with Inspired Adventures Pty Ltd ABN 46 125 426 468 / Inspired Adventures Limited NZBN 9429046922151 (“Inspired Adventures”) and book travel with Inspired Travel Pty Limited ABN 70 152 488 250 (“Inspired Travel”). 

The “Charity” referred to in these terms and conditions is the Charity for whom you are fundraising for the Challenge. You acknowledge that the Charity is not involved in the booking, organising, fulfilling or carrying out the Challenge or the activities undertaken as part of it except where the Charity arranges special excursions. 

The Booking Conditions are: 

(a) to be read consistently with the Booking Form; 

(b) to apply to the exclusion of any terms or conditions not set out in the Booking Form; (c) to be effective unless varied in writing and signed by a person so authorised by Inspired Adventures and Inspired Travel; and 

(d) to override the terms of any previous dealings with you. 

Please read these Booking Conditions carefully. 

  1. How to Book: To participate in the Challenge, you must pay a registration fee to Inspired Adventures upon registration. If you register less than 12 weeks prior to the departure date, you must pay the travel cost in full immediately upon registration. Your registration and travel booking for the Challenge will take effect once your travel deposit is received in cleared funds. Places are limited on the Challenge and are allocated on a first come, first served, basis. The registration fee and travel deposit are paid to compensate Inspired Adventures and Inspired Travel for work done for the Challenge, and are non-refundable for this reason. 
  2. Booking on Behalf of Others: By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. You represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Inspired Adventures or Inspired Travel will under no circumstances be liable for any errors or omissions in the information provided to complete a booking. 
  3. Fundraising and travel payments: Eligibility to take part in the Challenge is contingent upon you raising the minimum Fundraising Target. All funds raised in the name of the Charity must be forwarded immediately to the Charity along with supporting documents as outlined in the ‘Conditions of Fundraising’. Failure to lodge the Fundraising Target by the departure date may render you ineligible to participate any further in on the Challenge and if so, will be treated as a cancellation by you. The travel cost must be paid as per the due dates and amounts set out in your conditions of contract with Inspired Travel. 
  1. Cancellation by you: If you wish to cancel your participation in this Challenge, you must notify Inspired Adventures and Inspired Travel in writing. If you notify Inspired Adventures within 5 business days of registration that you desire to cancel your participation in the Challenge, then the registration fee and travel deposit (if applicable) you have paid will be refunded in full. If you cancel some or all portions of your booking, the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation of the cancellation.

(a) 91 days or more prior to departure: If you cancel 91 days or more prior to departure, you will receive a refund of travel costs paid minus the applicable travel deposit, which will be forfeited and retained by Inspired Adventures:
●For adventures $2,000 and over: $950 travel deposit
●For adventures under $2,000: $475 travel deposit

Additionally, the registration fee (if applicable) will be deducted.

(b) 90 days or fewer prior to departure: No refund will be payable.

Your right to a refund will be limited to unexpended travel costs and to any refunds available from our ground operators and suppliers under their cancellation policies.

  1. Postponement by us: Inspired Adventures, Inspired Travel and/or the Charity may postpone the Challenge or offer a different Challenge if there are too few participants on your Challenge or if there is some other reason why the Challenge cannot proceed as scheduled. If so, Inspired Adventures will offer you the choice of a voucher for the postponed Challenge or a credit note for a different Challenge. 
  2. Force majeure events: There are some reasons outside of the control of Inspired Adventures, Inspired Travel and/or the Charity which mean that the Challenge cannot proceed as scheduled. These reasons are known as force majeure events. They include weather or road conditions, a natural disaster such as an earthquake or volcanic eruption or hurricane or tsunami, the closure of a place or a route, civil and government disturbances, a terrorist incident, military action, an epidemic, a pandemic, and other events that necessitate changes to the itinerary or operating difficulties imposed by the owners and/or operators of accommodation, facilities or transport, or conditions in places or countries which result in a Level 3 or Level 4 Travel Safety Advice on travel being issued by the Australian Department of Foreign Affairs and Trade or a travel ban (closure of borders) being ordered by the Australian, State or Territory Government or the Government in the destination, restrictions on international flights and compulsory quarantine. 
  3. Cancellation or postponement because of force majeure events: In the event of a cancellation of a Challenge for a force majeure event before the departure date, then Inspired Travel will issue a credit note for unexpended travel costs (travel costs that have not been paid to the supplier) and any refunds available from our ground operators and suppliers under their cancellation policies. The credit note will be available for use for another Challenge. If the credit note is not utilised within 12 months of the date of issue, it will expire. Alternatively, in the event of a postponement of a Challenge for a force majeure event before the departure date, then Inspired Travel will issue a voucher for the postponed Challenge. For a postponed Challenge, there will be no need to re-register with Inspired Adventures and the travel deposit will be carried over. The credit note and voucher are issued in full satisfaction of the participant’s rights to participate in the Challenge or to a refund of money paid for the Challenge or for any claims for compensation. 
  4. Change of arrangements: In the event that conditions or circumstances beyond its reasonable control (such as force majeure events) determine that part, or the whole, of the arrangements contained within the itinerary for the Challenge, should be changed, then Inspired Adventures reserves the right to change the arrangements. If the Challenge can proceed on the dates scheduled, subject to changes to the itinerary, accommodation, and/or modes of transport, which are of the same standard, quality and duration as the original itinerary, then the Challenge will proceed. If you do not desire to participate in the Challenge as changed, then you will be treated as having cancelled your participation in the Challenge, and the ‘cancellation by you’ provisions will apply. 
  5. Disclaimer: You accept that: 
  • Inspired Adventures is entitled to refuse your Application to register, and if so, the registration fee will be refunded to you in full; and 
  • Inspired Adventures will not be liable for any breach of any law by you or any person with whom you travel on the Challenge; and 
  • You may only rely on any representations concerning the Challenge made by Inspired Adventures which are contained in the booking conditions and registration materials. 
  1. Release and Waiver of Liability: In consideration of Inspired Adventures and the Charity accepting your application to register, and in consideration of you being permitted by Inspired Adventures, Inspired Travel and the Charity to participate in the Challenge: then to the extent permitted by law, you waive any and all claims you may now or in the future have against Inspired Adventures, Inspired Travel and the Charity, their officers, employees, agents or representatives (“the promoters”) and release them from all liability and agree not to sue the promoters for any personal injury, death, property damage or loss sustained by you as a result of your participation in the Challenge, other than caused by the reckless conduct or wilful act of the promoters. 

You acknowledge that the Challenge involves adventure activities and accept all the inherent risks associated with such activities and the heightened possibility of: 

(a) death; or 

(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or (c) the contraction, aggravation or acceleration of an illness or disease; or (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition,

circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs – in relation to you: (i) that is or may be harmful or disadvantageous to you or to the community; or (ii) that may result in harm or disadvantage to you or to the community. 

  1. Governing Law: The rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of: 
  • New Zealand, in the case of a booking made in New Zealand or if the claim is brought in New Zealand, or 
  • Victoria, in the case the of a booking made in the state of Victoria or if the claim is brought in Victoria, or ● New South Wales, in the case of a booking made other than in New Zealand or Victoria or if the claim is brought other than in New Zealand or Victoria. 
  1. Applicable Law: If governed by New Zealand Law, the provisions of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (NZ) apply.

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

Except to the extent permitted to be excluded by section 139A of the Competition and Consumer Act 2010 the services supplied by Inspired Adventures, Inspired Travel, the Charity and their officers, employees, agents or representatives pursuant to this contract come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a termination of contract for a major failure and compensation for any other reasonably foreseeable loss or damage. 

If governed by Victorian Law, the following applies: 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you— 

    • are rendered with due care and skill; and 
    • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and 
    • might reasonably be expected to achieve any result you have made known to the supplier. 

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act

2012 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. 

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross” negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. 

  1. Privacy: In order to be able to supply services to you, Inspired Adventures and Inspired Travel will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. View Inspired Adventures’ Privacy Policy on its website. 
  2. Image and Likeness: You grant Inspired Adventures, Inspired Travel and the Charity the right to take images, photographs and videos of you and your personal effects in connection to your participation on a Challenge. You authorise Inspired Adventures and Inspired Travel, their assigns and transferees to copyright, use and publish your image and likeness in print and/or electronically for marketing purposes, and the like. 
  3. Non-disparagement: You are not to disparage or otherwise bring into disrepute or damage to the good name and standing of Inspired Adventures, Inspired Travel or the Charity. 
  4. COVID-19: If required by local authorities or ground operators and suppliers, a participant will be treated as unable to participate in or to continue their participation in the Challenge if: ● they do not provide an official Vaccination Certificate to demonstrate they are fully vaccinated against 

COVID-19; or (if unable to be vaccinated for medical reasons) an Immunisation History Statement dated within four weeks prior to departure, which displays medical contraindications to COVID-19 vaccines reported to the Australian Immunisation Register; or 

    • do not comply with such other COVID-safe measures as to wearing of masks, isolation and so forth, as the local authorities require; 
    • they show symptoms of COVID-19 during the Challenge and do not submit to a Rapid Antigen Test, or receive a positive result from a Rapid Antigen Test. 

And if a Participant is unable to participate or to continue their participation in the Challenge for these reasons, then they acknowledge that they will not be entitled to a refund of the money paid except to the extent that a refund is available from our ground operators and suppliers under their cancellation policies.

INSPIRED TRAVEL BOOKING CONDITIONS

The travel component of this Challenge is operated by Inspired Travel Pty Limited ABN 70 152 488 250 (“Inspired Travel”). The “Charity” referred to in these booking conditions is the Charity for whom you are fundraising as part of the Challenge. 

You acknowledge that the Charity is not involved in the booking, organising, fulfilling or carrying out the travel, the Challenge or the activities undertaken as part of it. Please read the following terms and conditions carefully. You must not book unless you understand and agree with the following terms and conditions. References to “us”, “we”, “our” in these booking terms and conditions shall be a reference to Inspired Travel. 

  1. Prices: All prices are subject to travel availability and can be withdrawn or varied without notice. Please contact Inspired Travel for current prices. 
  • The price is only guaranteed to be available when receipt of full payment has been confirmed and is subject to change until this time. 
  • After the time full payment is received, price increases may occur due to factors outside our control which result in an increase in the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. 
  • Airline taxes are confirmed at the time your airline ticket is issued. There may also be local taxes, air passenger duties, entry charges or visa fees charged at some airports. These are payable by you, as and when they become payable. 
  1. Changes and Cancellation Fees: If you change a booking or travel arrangement, fees and extra charges may apply to the re-issue of tickets or documents. If you cancel a booking or travel arrangement, cancellation charges will apply which can be up to 100% of the travel cost, regardless of whether or not travel has commenced. 

Some specific terms which may apply if you change or cancel your booking are

  • You will forfeit your travel deposit and registration fee (if applicable). 
  • You will forfeit the travel cost paid, subject to unexpended travel costs and to any refunds available from our ground operators and suppliers under their cancellation policies. 
  • Ex Australia airfares and stopover accommodation will be subject to the cancellation and amendment fees set by the specific airlines /hotels concerned; 
  • We may charge an amendment fee per amendment if your travel arrangements are amended by you prior to the departure date 
  • Name changes are generally not permitted after full payment has been made. It is your responsibility to ensure that the name on your itinerary matches the name on your passport before making the payment; and
  • Amendments to flights after full payment has been made will incur an amendment fee plus any applicable difference in airfare charges and taxes. 
  • If a refund is approved, the timeline will be dictated by receipt of funds from ground suppliers. There is potential for refunds to take 12 weeks or longer to process from the date of cancellation. 
  1. Deposit and Final Payment: You will be required to pay a registration fee at the time of booking. The travel deposit and registration fee (if applicable) is non-refundable. You will be required to make your final payment of the travel cost no later than 90 days prior to departure date unless otherwise stated. Some airfares or services must be paid in full at the time of booking. 
  • If payment is not received within 14 days after the invoice due date, we reserve the right to cancel your booking and this will be treated as a cancellation by you. 
  • Payments by Credit Card: Credit card surcharges (as apply) will apply when paying by credit card. No surcharge applies to payments made by debit cards. If for any reason any travel service provider is unable to provide the services for which you have contracted, your remedy lies against that provider, and not against Inspired Travel. In the event that payment has been made to Inspired Travel by credit card, you agree that you will not seek to charge back your payment unless allowed under these booking conditions. 
  • Payments by Funds Transfer of by Cheque: payments by funds transfer or by cheque (including bank cheques) are valid when cleared funds are received. 
  1. Travel Insurance: Comprehensive Travel Insurance is compulsory for all travellers participating in a Challenge outside of your home country, and highly recommended for a Challenge inside your home country. It is highly recommended that travel insurance be obtained immediately following registration, to obtain maximum benefits. The travel insurance must cover accidents, injury, illness and death, medical and hospital expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. It is recommended that the travel insurance covers loss of deposit, cancellation, curtailment and loss of personal property. The travel insurance is to cover the duration of the Challenge, and the place the Challenge takes place. You should carry proof of travel insurance with you, and produce it if reasonably requested by Inspired Travel, its employees and agents. Inspired Travel reserves the right to cancel or suspend your participation on a Challenge outside your home country or in certain activities that comprise part of a Challenge, at any time including at or after the commencement of the Challenge, with no right of refund or compensation, if you are unable to provide proof of travel insurance when requested. 
  2. Agency: Inspired Travel acts as a travel agent only. Inspired Travel sells various travel related products on behalf of numerous transport, accommodation and other wholesale service providers, such as airlines, coach, rail and cruise line operators. Inspired Travel is responsible to make travel bookings on your behalf with travel service providers. We have no responsibility for the provision of these services nor do we make or give any warranty or representation regarding their standard. All bookings made are subject to the terms and conditions and limitations of liability imposed by the service provider. If the service provider is unable to provide the services for which you have contracted, your remedy lies against the service provider and not against Inspired Travel. 
  1. Acceptance of Risk: You acknowledge that travel arrangements will have the usual risks of travel and, in some cases, additional risks that are associated with adventure activities and the specific nature of your Challenge. You accept these risks and the possibility of personal injury, death, property damage or loss which may result from your decision to participate in the Challenge. You agree that should you be affected by any sickness, serious injury or other unforeseen circumstance that Inspired Travel, and/or any of our overseas partner operators, may be able to arrange any urgent medical treatment or emergency evacuation as deemed necessary for your safety, but that all decisions as to treatment or emergency evacuation will be made by your travel insurer and that you or your travel insurer will be responsible for all costs. 
  2. Liability waiver: Neither Inspired Travel nor the Charity accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control. Under circumstances where liability cannot be excluded, such liability is limited as available under applicable legislation. We do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure event or any other event which is beyond our control and which is not preventable by reasonable diligence on our part. 
  3. Change of arrangements: You acknowledge that travelling with Inspired Travel requires a degree of flexibility, good humour, and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after commencement, without prior notice due to local circumstances. Changes of arrangements may occur because of force majeure events, poor road conditions, weather, availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Inspired Travel’s control or which simply cannot be foreseen. Inspired Travel does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Inspired Travel’s control. Inspired Travel reserves the right to change any part, or the whole, of the arrangements contained within the itinerary for the Challenge, should conditions or circumstances beyond its reasonable control determine such action necessary. If as a result of the change, the challenge cannot depart as planned, or cannot continue as planned, then Inspired Travel will use its reasonable endeavours to provide alternatives of the same standard, quality and duration as the original itinerary. If you do not accept these alternatives you will be treated as having cancelled your participation in the Challenge, in which case any unexpended travel cost will not be refunded except for any refunds received from suppliers, according to supplier cancellation policies.
  4. Trip Notes: The information about trips given in Trip Notes and Pre-Departure Information is subject to change. It is your responsibility to review the up-to-date Trip Notes and Pre-Departure Information. These can be obtained from Inspired Travel. The information and conditions in the Trip Notes and Pre-Departure Information is deemed to be part of the contract. Where changes to your trip occur after you have received your final documentation we will, where practical, advise you of such changes. 
  5. Special Requirements: Please liaise with your travel consultant regarding any special requirements you may have for your travel arrangements such as special meal requirements and preferred rooming requests. 
  6. Passports & Visas: All travellers must have a valid passport for international travel. Most countries require passport validity at least 6 months validity from the date of return. All losses incurred as a result of such documents not meeting the requirements will be your sole responsibility. If you need information regarding visa and other travel document requirements for your trip please let us know. We can obtain such information from an external visa advisory service provider engaged on your behalf. We 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. If you are travelling to the United States please see https://esta.cbp.dhs.gov for information regarding pre-registration for their visa waiver program. 
  7. Travel Advice: For travel safety advice, please visit the Australian Department of Foreign Affairs and Trade website at www.smartraveller.gov.au or the New Zealand Foreign Affairs and Trade Office website at www.safetravel.govt.nz, or the website of the equivalent authority ion your home country and register for travel alerts for your destination. 
  8. Health: You must ensure that you are aware of any health requirements for your travel. If you are travelling outside of your home country, you will be required to submit the Inspired Travel medical form filled out by your General Practitioner which demonstrates you are medically fit to travel and to participate in the challenge. This will need to be submitted to Inspired Travel at 120 days prior to departure. Inspired Travel reserves the right to request specialist letters and updated medical reports if the form discloses medical conditions which require further investigation. Following assessment, Inspired Travel reserves the right to cancel participation in the challenge of those persons whose condition might interfere with their ability to participate or who do not submit the medical form when it is due. Ensure that you carry all necessary vaccination documentation. Please check with your local doctor or specialist travel vaccination clinic. 
  9. Travel Documents: Travel documents include (without limitation) any document (whether certain conditions and/or restrictions including (without limitation) required for your travel. Travel documents cannot be transferred. All airline tickets must be issued in the name of the passport holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled or amended. Any errors in names, dates and timings on your documentation will be your responsibility. It is your responsibility to collect all travel documents prior to travel. As a general rule, your travel documents will be available for collection 2 weeks prior to departure. However this will depend on your individual arrangements. Please contact your travel consultant to confirm when your documents will be ready for collection. 
  1. Governing Law: The rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of: 
  • New Zealand, in the case of a booking made in New Zealand or if the claim is brought in New Zealand, or 
  • Victoria, in the case the of a booking made in the state of Victoria or if the claim is brought in Victoria, or ● New South Wales, in the case of a booking made other than in New Zealand or Victoria or if the claim is brought other than in New Zealand or Victoria.