The Hike Collective Terms & Conditions
Omada Active Pty Ltd T/A The Hike Collective arranges guided hiking tours and events in Western Australia, including accommodation, food and wine, activities, guides and transportation, provided both by us and by our third-party service providers. These booking terms and conditions apply exclusively to every contract for services by The Hike Collective to a guest, including through an agent, and cannot be varied except as expressly agreed in writing by The Hike Collective. By booking with us, you agree to the following.
We or Our means Omada Active Pty Ltd T/A The Hike Collective
Guest means one or more persons purchasing Tour Experiences from The Hike Collective, whether directly or through an agent
You or Your means the guest or guests are applicable
Tour Experiences means the tour and experiences made by The Hike Collective including all products
Product means the individual products that together form the Tour Experiences, for example accommodation, transfers, food and wine, activities and tours
Service means the booking and payment services supplied by The Hike Collective or a third- party supplier.
Unless otherwise advised in writing at the time of booking, the following payment terms apply:
- For all private tours and overnight tour bookings, 10% non-refundable deposit at time of booking to secure tour dates; note this is not forfeited in the event of an amendment permitted under these terms and conditions. 50% instalment due 60 days prior to departure date and balance due 30 days prior to tour departure.
- For all public tours (limited to single day tours), full payment is required at time of booking.
- Basis of pricing – Unless otherwise noted, all pricing is per person (twin share) and in Australian dollars.
- Exclusions from the price – The Tour Experiences price does not include Visa requirements, insurance, personal expenditure including phone calls, laundry or room service. Food, wine, flights and car hire are included only to the extent expressly stated in the booked itinerary.
- Bank fees – Payments may be made by direct deposit, Visa debit, or by credit card. Visa and Mastercards are accepted. Credit card payments incur a surcharge of 1.8%. International payments may incur transaction fees from your bank and our bank. We reserve the right to pass on any bank charges incurred in receiving international funds into our account.
- Vouchers, credits, change of date options – For any trips booked utilising a credit, change of date option, or gift voucher, once the trip is booked it becomes non-refundable in the event of a cancellation. Amendments may be permitted in accordance with our cancellation policy.
- Cancellation and Changes by The Hike Collective
- a) Occasionally it may be deemed necessary to make changes to your booking and The Hike Collective reserves the right to do so at any time, and you will be notified of any changes at the earliest possible opportunity. If a major change to your tour is necessary, providing it does not arise from circumstances beyond The Hike Collective’s control, you may choose (i) to accept the change of arrangements (ii) to transfer to another experience or (iii) to cancel your tour. Compensation may be payable in cases of major change as detailed below.
- b) Compensation will not be paid for changes or cancellations caused by Force majeure – We may, at our sole option, where circumstances outside of our control affect the provision of Tour Experiences or any Product or Products (such as natural disasters and Acts of God, fire, flood and extreme weather events, terrorist events, war, strikes, port or airport closures, border restrictions, pandemics or public health emergencies, technical issues with transportation, alteration or cancellation of a scheduled Product or any part of a Product), cancel scheduled Tour Experiences at any time in which case we will at our sole discretion, offer a change of date or travel credit for the same Tour Experiences to be received at a future date, or offer alternative Tour Experiences or Products of comparable standard as may be appropriate in the circumstances.
- c) The Hike Collective reserves the right to cancel your tour at any time before the date of departure, even after a confirmation notice has been sent. If your tour is cancelled The Hike Collective will refund in full the money you have already paid. No compensation will be payable.
- d) If you fail to pay the balance of the tour price at least 30 days before departure, The Hike Collective will treat the booking as cancelled and levy the cancellation charges set out below.
- e) The Hike Collective also has the right to refuse any person as a member of the tour, if in their opinion that person could endanger the health, safety and enjoyment of others on the tour. In any of the events mentioned above,The Hike Collective’s sole liability and the guest’s sole remedy will be limited to a refund of any monies paid, less the amount for services already utilised plus administrative fees.
- f) Minimum numbers not reached: Our Tour Experiences have minimum numbers required in order for the departure to proceed. In the event that minimum numbers are not reached, we reserve our right to cancel the booking/s in which case we will offer a full refund or change of date per your preference.
3. Cancellation and Changes by You
The following cancellation policy applies where a guest cancels a booking:
- Private Tours and Multi day tours – Cancellations within 30 days of the tour departure date results in forfeiture of 100% of the booking value; Cancellations between 30 – 60 days results in forfeiture of 50% of booking value, and cancellations made over 60 days prior to tour departure date will result in full refund less 10% non-refundable deposit.
- Public Tours (limited to single day tours) – Cancellations within 7 days of the tour departure date results in forfeiture of 100% of the booking value; Cancellations between 8-14 days results in forfeiture of 50% of booking value, and cancellations made over 15 days prior to tour departure date will result in full refund less booking fees and bank fees.
- Special rates and products – In the event that Tour Experiences include a Product that features a special rate policy or special deposit or cancellation policy that is more onerous than the payment and cancellation policy outlined above, that policy will be advised at the time of booking and will apply in respect of the relevant Product or Products.
- Products not utilised – No refund is available in respect of Products not utilised, such as transportation, activities and accommodation.
- Additional costs and insurance – We will not be able to cover additional costs you may incur if Tour Experiences are cancelled, changed or rescheduled. We strongly recommend all interstate or international Guests purchase travel insurance including cancellation cover to protect against such costs.
- Notification – Notice of cancellation must be received in writing to firstname.lastname@example.org .
- Failure to make payment – We may treat a booking as cancelled and apply relevant cancellation fee if you daily to pay the balance payment as the due date.
- Loss – We are not liable for and accept no responsibility for any direct or indirect loss, financial loss, consequential loss, loss of enjoyment, pain or suffering, damage, injury, accident, delay or irregularity occasioned to a Guest in connection with the provision of Services, Products or the Tour Experiences, except to the extent caused directly by our negligent act and then only to the extent the loss was reasonably foreseeable. Nothing in this condition is to be interpreted as excluding, restricting or modifying the application of any relevant Australian State or Federal legislation.
- Visa requirements – You acknowledge and accept that we will not be liable in the event that you fail to obtain any required passport, Visa or permit required to undertake the Tour Experiences.
- Inherent risk accepted– Tours often involve physical and nature-based activities, including hiking and other activities, that contain some inherent risks of physical harm, personal injury or death. By booking a Tour Experience, you are accepting the risks associated with undertaking such activities, which may include the risk of snake bites, insect bites, unpredictable tides, bush fire, injury by wildlife, becoming lost, drowning and extreme weather (heat and storms). By making a booking, you accept these risks and agree we are not liable for any loss, injury, death or damage whatsoever sustained in relation to a Product or the Tour Experiences, unless directly caused by our negligent act.
- Medical and evacuation costs – In the event that you become unwell, injured, or lost while experiencing a Product, you agree to indemnify The Hike Collective for any costs incurred by The Hike Collective or our Suppliers in arranging emergency evacuation or transportation, medical treatment, or other related costs.
- Medical conditions– You must notify us of any pre-existing medical conditions that might reasonably be expected to affect the Tour experience. You agree and acknowledge that we will not be responsible for any pre-existing medical condition or health issue that may preclude, delay or interfere with your Tour experience. We strongly recommend Guests aged over 69 years of age, or guests with any medical conditions or concerns, obtain a medical certificate confirming they are fit and healthy to undertake their chosen Tour Experience. You acknowledge and accept that you are solely responsible for having required medication (including epi-pens for allergies) with you and for advising Suppliers of such medication prior to commencing any service or Product with that Supplier.
5. Behaviour Policy
We have a zero-tolerance approach to any behaviour that puts guest safety in danger or creates an unsafe work environment for our team and Suppliers. In the event of bullying, harassment, abusive or otherwise unsafe or unwelcome conduct, the offending guest will be offered a refund (or partial refund depending on the timing and costs already incurred) and asked to leave if the conduct does not immediately stop. Our Suppliers, particularly accommodation suppliers, may also have a guest policy or booking conditions that apply to the behaviour of guests. By booking Tour Experiences with us a Guest accepts the terms of any such policy or booking conditions of a Supplier that is featured in their Tour Experience and is liable for any penalty that may arise from contravening that policy.
- Different Product terms – Different Products included in the Tour Experience may have specific terms and conditions applicable to the Product. These will be communicated during the quoting and booking process.
- Warranties – While we make all reasonable endeavours to ensure all Products are of the highest standard, we make no representations or warranties as to the quality or specific characteristics of individual Products.
- Waiver – Our failure to enforce any of these booking terms and conditions will not be treated as a waiver of any right or condition under this agreement.
- Governing law – These terms and conditions are governed by and to be interpreted in accordance with the laws of Western Australia and Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Western Australia and courts able to hear appeals from them.
GIFT CARD TERMS AND CONDITIONS
Account means your subscription and account with The Hike Collective on the Website.
Gift Card(s) means the gift card that you have purchased or received along with the accompanying Gift Card Code.
Gift Card Code means the accompanying redemption code for the Gift Card which is provided at the point of sale following the purchase of the Gift Card.
Remaining Gift Card Value means, at any time, that portion of the initial value of your Gift Card which is unspent and can be accessed as a credit on your Account in accordance with these Terms.
Website means hikecollective.com.au
A reference to “we” or “us” is a reference to Omada Active Pty Ltd TA The Hike Collective (ABN 58 614 409 326).
A reference to “you” or “your” is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms, or who authorises another person to do something with or to the Gift Card on their behalf.
- GIFT CARD REDEMPTION AND EXCLUSIONS
Except for the exclusions listed in paragraph 1.2 (Exclusions) below, the Gift Card has a AUD dollar value that can be used as currency towards purchases on the Website.
The following are the exclusions applicable to the redemption of your Gift Card:
- The Gift Card is only redeemable to purchase tours on the Website up to the value stated.
- Defaced, mutilated, altered, lost or stolen Gift Card Codes cannot be replaced, refunded or redeemed;
- The Gift Card and the accompanying Gift Card Codes are not redeemable for cash.
- The Gift Card and the accompanying Gift Card Codes will expire in 3 years from the date of issue.
- Cash will not be given or credited for any unused amount.
- Gift Cards cannot be used to purchase Gift Cards or other forms of payment. Further, Gift Cards cannot be purchased with The Hike Collective Credit.
- Gift Cards cannot be used to purchase insurance or any other ancillary products or services not included in a tour package.
- HOW TO PURCHASE AND LOAD VALUE ONTO YOUR GIFT CARD
2.1. All Gift Cards
Pay for your Gift Card value using the payment method of your choice (other than a Gift Card).
Gift Card(s) will be activated at the time that a purchase (or part purchase) is made at the checkout on the Website.
You may select a Gift Card with a value of AUD $50, $100, $200, or $500 as displayed on the carrier. Present the Gift Card to the point of sale operator and pay for the Gift Card and you will receive a Gift Card Code which can be used to activate your card.
- USING YOUR GIFT CARD
3.1. Making a purchase with your Gift Card
The transaction will be completed when the balance has reduced on your Gift Card.
No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part as a credit in your Account to be used for future purchases until the Remaining Gift Card expires.
You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by:
- Giving us details of the Gift Card and authorising the transaction in some other way approved by us or
- Entering the Gift Card Code at check-out for online purchases.
When you authorise a transaction:
- You are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and b. You are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.
3.2. Purchases exceeding the Remaining Gift Card Value
Your Gift Card may only be used to make purchases up to the initial Gift Card value or the Remaining Gift Card Value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method.
3.3. Issue with goods or services purchased with a Gift Card
If you have an issue with any goods or services that you purchased with a Gift Card you should contact our team at 1300 038 924
3.4. No cash advances
Gift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the Remaining Gift Card Value in cash.
3.5. Can I exchange my Gift Card?
You cannot exchange your Gift Card for a different denomination or type of Gift Card or for another form of payment, cash or discount.
3.6. Can I purchase a Gift Card using a Gift Card?
Gift Cards cannot be used to purchase another Gift Card.
- EXPIRY, CANCELLATION AND RE-ISSUE OF GIFT CARDS
4.1. Expiry of Gift Cards
Your Gift Card will be valid for use for 3 years from the date of issue, for any purchase on the Website. You should use all of the Remaining Gift Card Value before the expiry date, on the expiry date Gift Cards have no value.
4.2. Cancellation and voiding of Gift Cards
- Gift Cards cannot be cancelled once they are issued except if voided by The Hike Collective, if their value is used or if they expire.
- We reserve the right to void any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way.
- We reserve the right to cancel any Gift Card, or the Gift Card program, without notice, if reasonably necessary. In such instances (except those set out in paragraph b) we will elect to provide a refund or a replacement Gift Card.
- We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
- We reserve the right to cancel any bookings made with a Gift Card that has been deemed to have been purchased with fraudulent funds.
- LOST OR STOLEN GIFT CARDS
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card.
- YOUR RESPONSIBILITY AND PROTECTING YOUR GIFT CARD CODE
You are responsible for the use and safety of your Gift Card including the confidentiality of the card number and the Gift Card Code. You are liable for all transactions on your Gift Card including those which have occurred due to disclosure of your Gift Card Code, except to the extent to which there has been fraud or negligence by us.
- CHANGES TO THE TERMS
We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is reasonably required and agree to provide you with at least 30 days’ notice of such changes. We will give you notice by posting the revised Terms on the Website.
- PRIVACY AND CONFIDENTIALITY
- LIMITATION OF LIABILITY
You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of use. To the maximum extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card.
- APPLICABLE LAW
These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Western Australia, Australia. Any dispute in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of Western Australia, Australia.