Booking Terms and Conditions
Please read carefully the terms and the conditions of the contract. In completing and submitting the Booking Form, you agree to be bound to these conditions, which constitute the agreement between Peak Potential Adventures Pty Ltd. The conditions apply to the exclusion of any other terms and conditions unless they are set out in the Booking Form, or are otherwise agreed to in writing by the parties. Previous dealings with the parties will not vary these conditions. No purported variation of these conditions will be effective unless in writing and signed by the person so authorised by Peak Potential Adventures Pty Ltd.
How to Book:
To participate in a Peak Potential Adventures Pty Ltd adventure, you must either pay a deposit, or the full registration fee including GST to Peak Potential Adventures Pty Ltd.
Eligibility to take part in the adventure that you have booked is contingent upon you paying the remaining amount if you only paid a deposit. Final settlement of our Six Foot Track trek must be paid 30 days before departure. Our Kilimanjaro and Overland Track treks must be fully settled 60 days prior to your departure so that we can start arranging and paying for the transfers, accommodation and logistics.
Cancellations by you:
If you wish to cancel your adventure, you must notify Peak Potential Adventures Pty Ltd in writing. In the event that you cancel your adventure 7 days prior to the adventures departure, you are given the option of transferring to another adventure over the next 12 month period. If you cancel your adventure with the 7 day period, you will forfeit your adventure costs, so we strongly recommend that you consider travel insurance to cover your adventure costs. In the case of the Six Foot Track Trek, if you cancel with the option to transfer within 12 months, you must pay an accommodation cost of $45.00 because we have paid that for you well in advance to secure the private cabin. Any transferred adventure must be taken within 12 months, or your deposit or full payment for the adventure will be forfeited. You can use any credit funds towards any adventures with Peak Potential Adventures.
Cancellations by us
If there are too few participants on the adventure that you have booked, or for any other reason that Peak Potential Adventures Pty Ltd has to cancel the adventure, you shall be refunded in full any monies paid to Peak Potential Adventures Pty Ltd, or you’ll be given the option to transfer to another adventure. Peak Potential Adventures holds your adventure payment in a holding trust account until we are confident that an adventure is guaranteed to depart just in case we need to provide a full refund.
Disclaimer: You accept that:
Peak Potential Adventures Pty Ltd reserves the right to refuse my application to register. The decision is final and binding. Should my application be refused my full registration fee or deposit will be refunded to you. Your registration for the adventure will take effect when your payment is received and cleared. Places are limited on our adventures and are allocated on a first come first serve basis.
Release and waiver of liability:
In consideration of Peak Potential Adventures Pty Ltd accepting your application and in consideration of you being permitted by Peak Potential Adventures Pty Ltd to join the adventure; You waive any and all claims now or in the future against Peak Potential Adventures Pty Ltd, its officers, employees, agents or representatives (“their staff”) and release from all liability and agree not to sue Peak Potential Adventures Pty Ltd or its staff for any personal injury, death, property damage or loss sustained as a result of participation in the adventure. You acknowledge that this is a wilderness adventure and accept all the inherent risks associated with such an adventure and the possibility of personal injury, death or property damage or loss resulting therefrom. To the extent permitted by law section 74 of the trade practices act 1974 does not apply to this contract. To participate in an adventure as a requirement, you must also complete and sign the liability waiver provided by Peak Potential Adventures Pty Ltd.
In order to be able to supply a service to you, Peak Potential Adventures Pty Ltd will need to collect certain information from you, some of which may be of 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 for any other purpose.
Bookings made in Victoria:
This condition and the following statutory warning apply if the booking is made in Victoria. Sections 32J and 32JA of the Fair Trading Act 1999 Victoria (as amended) do not apply to this contract, being a contract for the supply of recreational services.
WARNING UNDER THE FAIR TRADING ACT 1999
Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions 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
· As fit for the purpose for which they are commonly brought as is reasonable to expect in the circumstances; and
· Reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 37N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, 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” is defined in the Fair Trading (Recreational Services) regulations 2004.
This agreement and the rights and obligations of the parties will be construed and taken effect in accordance with and governed by the laws of: Victoria, in the case of a booking made in the state of Victoria, or NSW, in the case of a booking made elsewhere in Australia Peak Potential Adventures Pty Ltd ABN: 35 119 012 396.
Photos & Media Content
By booking an adventure with Peak Potential Adventures Pty Ltd, I acknowledge that any photos or media taken during the adventure may be used for marketing and promotional purposes on our website, social media channels, brochures, or any other form to market our business or brand. This also includes photos that are provided to us from participants who undertook any adventures.