The Hike Collective Terms & Conditions

THE HIKE COLLECTIVE TERMS AND CONDITIONS

1. General
   1. These Terms and Conditions (“T&C”) apply to the Booking made by the Customer with THC.
   2. By making a Booking (directly or through a third party), the Customer agrees to these T&C for themselves and for all persons included in the Booking and each such person shall be jointly and severally bound by these T&C’s.
   3. By making a Booking the Customer has read and understood the disclosure of risks set out in these T&C, and voluntarily accepts those risks and agrees to be bound by these T&C.
2. Definitions

“Authority” means:

1. a government or government department or other body;
2. a governmental, semi-governmental or judicial person, including a statutory corporation; or
3. a person (whether autonomous or not) who is charged with the administration of a law.

“Booking” means booking the Tour Experiences.

“Booking Total” means the total amount payable to THC by the Customer for the Tour Experiences, including any accommodation, meals and package inclusions.

“Cancellation Fee” means a non-refundable and non-transferrable payment equivalent to 10% of the Booking Total, or such other amount as stipulated by THC from time to time.

“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any nature and whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise.

“Customer” “You” or “Your” means the person making the Booking (and includes all persons and minors included in the Booking).

“Deposit” means a non-refundable and non-transferrable payment equivalent to 10% of the Booking Total payable to THC at the time of Booking, or such other amount as stipulated by THC from time to time.

“Force Majeure Event” means any occurrence or non–occurrence as a direct or indirect result of which a party is prevented from or delayed in performing any of its obligations and that is beyond the reasonable control of that party, including:

1. inability to obtain goods, supplies or services, including fuel, accommodation or access to an attraction;
2. forces of nature (including fire, earthquake, storm, flood or other casualty or accident);
3. war, civil strife or other violence;
4. industrial action, or any action or inaction by a Authority;
5. any law, order, proclamation, regulation, ordinance, action, demand or requirement of any Authority; and
6. epidemic or pandemic to the extent that restrictions (including lockdown and quarantine restrictions) are imposed by any Authority.

“Implied Warranties” means all warranties of any nature in relation to the Tour Experiences (as the case may be) which are implied by law (whether pursuant to the Competition and Consumer Act 2010 (Cth) or otherwise).

“including” is deemed to be followed by the words “without limitation”.

“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person.

“Price” means the applicable rate published for the reservation of the Tour Experiences.

“Representatives” means the agents, directors, officers, contractors, volunteers or employees of THC.

“THC” “We” “Us” or “Our” means Omada Active Pty Ltd trading as The Hike Collective (ABN 58 614 409 326), its Representatives and assigns.

“Third Party Provider” means a third party that provides products or services to THC in connection with the Tour Experiences.

“Tour Experiences” means any tour or experience and any incidental Tour Experiences thereto.

“Waiver” means the Waiver, Release, Discharge and Indemnity published by THC and accepted by the Customer at the time of making the Booking.

1. Bookings
   1. The Booking is subject to availability.
   2. THC reserves the right to decline any Booking or request at its absolute discretion.
   3. The Tour Experiences is subject to minimum numbers determined by THC at its absolute discretion. If minimum numbers are not met, THC may elect to charge a small group fee to enable the Tour Experiences to go ahead or alternatively cancel the Booking. The Customer will be notified 30 days prior to commencement of the Tour Experiences of any surcharge or cancellation as a result of minimum numbers not being met. In the event of cancellation in accordance with this provision, THC in its discretion may:

1. arrange for an alternative departure date for the Tour Experiences, subject to availability;
2. offer a credit for monies paid by the Customer which credit will be valid for 36 months, noting that additional costs may apply for future departures and the credit is not redeemable for cash; or
3. offer a refund of monies paid by the Customer, less any reasonable expenses incurred by THC.

1. 1. Unless otherwise determined by THC prior to or at the time of Booking, the following provisions apply:

Private and Multi-Day Tours:

1. the Deposit shall be paid at the time of Booking;
2. 50% of the Booking Total is required 90 days prior to the commencement of the Tour Experiences;
3. payment of the balance of the Booking Total (remaining 40%) is required 60 days prior to the commencement of the Tour Experiences;
4. if the Booking is made within 60 days of the commencement of the Tour Experiences, full payment of the Booking Total is required at the time of Booking;
5. a list identifying all persons participating in the Tour Experiences is to be provided 14 days prior to the commencement of the Tour Experience;

Public and Single Day Tours:

1. full payment of the Booking Total is required at the time of Booking;

Specials / Packages:

1. THC reserves the right to promote / offer the Tour Experiences on terms and conditions different to the T&C (including as to the Booking Total, Deposit, payment terms and cancellation terms) at its discretion and for each Booking therein made those terms and conditions shall prevail over the T&C with respect to any inconsistency.

1. 1. A valid credit card is required at the time of Booking. The Customer’s credit card will be held as security for the Booking and utilised for any payments, bank fees, outstanding charges, Cancellation Fees, no-show fees, damage and any breach of these T&C.
   2. Failure by the Customer to make payment as required in accordance with the T&C, or as otherwise requested by THC, may result in the Booking being cancelled and THC making available the Tour Experiences, or any part thereof, to other persons.
   3. Bank fees, credit card charges, Paypal fees, exchange rates and any other fees and charges incurred by transferring money from the Customer to THC are the sole responsibility of the Customer, are payable by the Customer and are non-refundable.
   4. If the Customer makes payment by way of credit card, the Customer warrants that the information provided to THC is true and complete, that the Customer is authorised to use the credit card to make payment and that the Customer’s payment will be honoured by the credit card issuer.
   5. Any goods or services not included in the Booking are the sole responsibility of the Customer and must be paid by the Customer. This includes any goods or services provided by a Third Party Provider, such as optional tours, transfers, accommodation and food and beverages. Any outstanding accounts will need to be paid and settled prior to the conclusion of the Tour Experiences.
   6. THC reserves the right to request identification information and documentation, including government issued photographic identification.

1. Cancellation
   1. All cancellations must be in writing and sent to THC. It is the Customer’s responsibility to ensure THC has received notice of any cancellation of the Booking.
   2. Subject to these T&C, where the Customer cancels the Booking:

Private and Multi-Day Tours:

1. 91 days or more prior to the commencement of the Tour Experiences, the Deposit will be forfeited, and any remaining monies paid will be returned to the Customer;
2. Between 90 and 61 days prior to the commencement of the Tour Experiences, the Deposit plus 50% of the Booking Total will be forfeited, and any remaining monies paid will be returned to the Customer;
3. 60 days or less prior to the commencement of the Tour Experiences (including on the day of the Tour Experiences and no shows), the entirety of the Booking Total will be forfeited;

Public and Single Day Tours:

1. more than 48 hours prior to the commencement of the Tour Experiences, the Cancellation Fee will be forfeited, and any remaining monies paid will be returned to the Customer; and
2. 48 hours or less prior to the commencement of the Tour Experiences (including on the day of the Tour Experiences and no shows), the entirety of the Booking Total will be forfeited.

1. 1. Refunds can only be processed back to the original mode of payment and in the case of credit card payments, will go back on to the same credit card. Refunds will not be paid in any other manner. Refunds exclude booking and other reasonable expenses (including any bank fees) incurred by THC.
   2. The Customer is responsible to ensure visas, flights, vehicle hire, travel insurance and any components booked outside THC are cancelled by the Customer, and the Customer will adhere to the cancellation policy of each individual supplier.
   3. Any and all fees charged to THC by a Third Party Provider in connection with the Customer’s cancellation, are the sole responsibility of the Customer and must be paid by the Customer.
   4. Unless otherwise agreed by THC, any amendments to a Booking by the Customer will constitute a cancellation and the provisions in this clause will apply.

1. Prices
   1. Prices are per person and based on twin share occupancy and in AUD.
   2. Prices as shown on the website are subject to change. THC reserves the right to change this information without notice.
   3. Bookings may be subject to reasonable Price increases to reflect factors outside THC’s control, including (but not limited to) fuel prices, wages, third party chargers and other unfixed consumables. The Customer agrees to be bound by any Price increase, being due and payable to THC prior to the commencement of the Tour Experiences.
2. Changes to Tour Experiences
   1. The Customer acknowledges that the nature of the Tour Experiences is likely to require considerable flexibility. The itinerary / program provided for each Tour Experiences is representative of the types of Tour Experiences contemplated. The Customer acknowledges that routes, schedules, itineraries, accommodation, meals, amenities, tour leaders, Tour Experiences, mode of transport and other inclusions may be subject to alteration without prior notice due to local circumstances or events. As such THC reserves the right to:
      1. cancel or modify any routes or any other aspect of the Tour Experiences;
      2. substitute different or equivalent routes or aspects of the Tour Experiences; or
      3. postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the Tour Experiences if in the absolute discretion of THC it is necessary to do so.
   2. In the event of any change, modification, cancellation, postponement or delay to the Tour Experiences as contemplated under this clause, the Customer acknowledges that the Customer will have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, cancellation, postponement or delay.
3. Behaviour Policy
   1. Anti-social behaviour (including behaviour of a sexual or discriminatory nature) and intoxication during the Tour Experiences and or creating a disturbance to other customers and or Representatives or Third Party Providers will not be tolerated and may result in immediate termination of the Tour Experiences for the Customer at THC’s absolute discretion.
   2. Where the Tour Experiences is terminated pursuant to this clause, the Customer shall forfeit any and all monies paid to THC.
4. Health & Fitness
   1. The Customer warrants that the Customer:
      1. acknowledges the Tour Experiences may require a moderate to high level of fitness and a degree of mental and physical stamina;
      2. is in good health and mental and physical condition;
      3. has disclosed to THC every matter concerning the Customer’s health and mental and physical fitness of which the Customer is aware, or ought reasonably be expected to know, that is relevant to the Tour Experiences (including but not limited to pre-existing medical conditions, prescribed medications, allergies, previous injuries and dietary requirements);
      4. will notify THC in writing immediately upon any adverse change in the Customer’s health or mental and physical fitness that may be likely to affect the Tour Experiences;
      5. will complete and submit a medical questionnaire if requested by THC;
      6. permits THC to disclose medical information to any consultant doctor or other health professional; and
      7. will obtain a medical clearance from a health professional upon request by THC in its absolute discretion.
   2. THC reserves the right to refuse a Customer to participate in the Tour Experiences if the Customer fails to comply with clause 8.1 or the Customer is not deemed to be of a good health and mental and physical condition as determined by THC in its absolute discretion. In these circumstances, THC’s standard cancellation provisions will apply as set out in these T&Cs.
5. Customer’s Further Warranties
   1. The Customer further represents and warrants that the Customer:
      1. is over 18 years old (other than any minors accompanying the Customer);
      2. is competent to safely engage in the Tour Experiences;
      3. will wear appropriate protective clothing, gear and footwear;
      4. is solely responsible for having required medication (including epi-pens for allergies) with them and for advising THC and its Representatives of such medication prior to commencing the Tour Experiences;
      5. has obtained consent from the legal or parental guardian of all minors for the participation in the Tour Experiences;
      6. has arranged for and will provide adequate supervision of all minors whilst participating in the Tour Experiences;
      7. has not relied on any representations or warranties that may have been made by THC or its Representatives in relation to the Tour Experiences;
      8. has taken, or had the opportunity to take, independent medical, legal and other relevant advice as to the nature, effect, meaning and extent of these T&C; and
      9. has authority to, and does hereby, enter into these T&C on the Customer’s own behalf and on behalf of all persons included in the Booking.
   2. The Customer warrants that:

1. the Customer has and will comply with all applicable laws;
2. the Customer has and will comply with all lawful directions of THC and any Third Party Providers;
3. the Customer has not relied on any representations or warranties that may have been made by THC or its Representatives; and
4. the Customer will report any and all hazards immediately to THC.

1. Termination
   1. THC may terminate the Booking immediately if there has been a breach of the T&C.
   2. Any termination of the Booking in accordance with this provision will result in all monies paid by the Customer to THC being forfeited by the Customer and retained by THC.
   3. The accrued rights, obligations and remedies of THC are not affected by the termination of the T&C.
2. Liability and Waiver
   1. The Customer has read and understood the disclosure of risks set out in these T&C and the Waiver, and voluntarily accepts those risks and agrees to be bound by these T&C and the Waiver.
   2. While participating in the Tour Experiences the Customer will, at all times, follow the lawful directions of THC or any of its Representatives or Third Party Providers.
   3. While participating in the Tour Experiences the Customer will:

1. 1. abide by all laws;
   2. not introduce or create any hazards to persons, property, flora or fauna; and
   3. not, by the Customer’s acts or omissions, breach any terms of this T&C.
   4. To the maximum extent permitted by law, the Customer releases, waives, discharges and indemnifies THC and its Representatives from any and all Claims and Liabilities which may be made by the Customer, or on the Customer’s behalf, for loss, in any way arising out of or related to the Tour Experiences or the T&C, including but not limited to property loss or damage, bodily injury or death. This waiver, release and discharge extends to all acts, omissions, defaults, failures or errors on the part of all or any of THC and or its Representatives.
   5. THC and their Representatives shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the Tour Experiences or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise. The Customer agrees to indemnify, and keep indemnified, THC and its Representatives from and against any Claims and Liabilities, whether direct or indirect, arising out of or in relation to:
      1. the Customer observing or participating in the Tour Experiences (whether operated by THC or a third party); and
      2. the Customer’s acts or omissions while participating in the Tour Experiences.
   6. This clause:

1. applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by THC;
2. is intended to be as broad and inclusive as is permitted by law; and
3. does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

1. GST
   1. Unless otherwise stated, all amounts payable by the Customer are inclusive of GST.
   2. The Customer agrees to pay GST in respect of any goods or services that THC supplies to the Customer and or are supplied to the Customer on behalf of THC.
2. Insurance
   1. The Customer must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation and force majeure events.
   2. THC reserves the right to:

1. request confirmation that the Customer has travel and medical insurance;
2. request a copy of a certificate of currency for the travel and medical insurance; and
3. refuse participation by the Customer if it has not complied with this clause and in such circumstances the Customer shall forfeit all monies paid to THC.

1. Force Majeure Event
   1. If any Force Majeure Event results in THC being prevented from, or delayed in, performing any of its obligations to the Customer:

1. then such a delay or prevention of performance shall not be deemed to be a breach of contract or these T&C;
2. no loss or damage shall be claimed by the Customer from THC by reason thereof; and
3. THC shall use its best endeavours to minimise and reduce any period of restriction or interference occasioned by the Force Majeure Event.

1. 1. In the event of a Force Majeure Event, THC, in its absolute discretion may:

1. substitute a different or equivalent Tour Experiences in place of cancelled or modified Tour Experiences;
2. postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Tour Experiences if in the absolute discretion of THC it is necessary to do so;
3. offer a transfer of the Tour Experiences, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by THC in the circumstances), which transfer option is subject to availability;
4. offer a credit, to the value of any monies paid, which credit will be valid for travel within 24 months from the issue date (or such other longer period as determined by THC in its absolute discretion), provided that:
   1. any additional costs payable on the new booking will be payable by the Customer in full;
   2. additional costs may apply for the Tour Experiences in future seasons;
   3. credit terms and conditions are final;
   4. credits are not able to be extended beyond their expiry date; and
   5. the credit, or any balance on a partially used credit, is not redeemable for cash.

1. Personal Information
   1. The Customer’s personal information may be used by THC and may be disclosed to THC’ Representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Booking. Any use or disclosure of the Customer’s personal information by THC will be in accordance with THC’s Privacy Policy and the Privacy Act 1988 (Cth).
   2. The Customer acknowledges that photos or video of the Customer may be taken by THC or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Customer specifically requests in writing to THC to not use the Customer’s image. Otherwise, THC is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes.
2. Severance

If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all of the provisions and part provisions remaining after severance.

1. Waiver

THC will not be deemed to have waived any of its rights or remedies under these T&C or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the Customer.

1. Non Merger

The covenants, agreements and obligations contained herein will not merge or terminate upon the termination of the Booking and or Tour Experiences and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain, subject to the T&C, in force and effect.

1. Governing laws
   1. The T&C are governed by and shall be construed in accordance with the laws of the State of Western Australia.
   2. The parties irrevocably:

1. submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:
   1. for determination of any dispute claim or demand; or
   2. with respect to any proceedings which may be brought at any time relating to these T&C,

1. waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum.