These Booking Terms and Conditions apply to bookings made with Peak Potential Adventures Pty Ltd (ABN 35 119 012 396) (“Peak Potential Adventures”, “PPA”, “we”, “us” or “our”).
By making a booking and paying a deposit or full payment, you (“you”, “your” or “the participant”) acknowledge that you have read, understood and agreed to these Booking Terms and Conditions.
These terms should be read together with the itinerary, inclusions, exclusions and other information provided for your particular adventure.
Nothing in these Booking Terms and Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
Bookings
Your booking is confirmed once Peak Potential Adventures has accepted your booking and the required deposit or full payment has been received and cleared.
Places on our adventures are limited and are generally allocated in the order confirmed bookings are received.
Peak Potential Adventures reserves the right to decline a booking where we reasonably consider that participation may not be appropriate for the particular adventure.
Deposits
Unless otherwise stated for a particular adventure, a 30% deposit is required to secure your place when booking more than 60 days before departure.
Bookings made within 60 days of departure require full payment at the time of booking unless otherwise agreed in writing by Peak Potential Adventures.
Your deposit secures a place on a limited-capacity adventure and allows Peak Potential Adventures to begin planning and committing resources and arrangements associated with your participation.
If you cancel your booking, some or all of the deposit may be retained to cover reasonable costs, losses and commitments associated with your booking, subject to applicable law.
Final Payment
Unless otherwise stated, the outstanding balance of your adventure cost must be paid 60 days before departure.
This allows Peak Potential Adventures and our local operators and suppliers to confirm and pay for arrangements including accommodation, guides, permits, transport, transfers and other logistics.
If final payment is not received by the due date, we may contact you and request payment within a reasonable period. If payment remains outstanding, we may treat your booking as cancelled by you and apply the cancellation provisions contained in these terms.
Cancellation by You
If you wish to cancel your booking, you must notify Peak Potential Adventures in writing.
The effective cancellation date is the date on which we receive your written cancellation.
More than 60 days before departure
If you cancel more than 60 days before departure, some or all of your deposit may be retained to cover reasonable costs, losses and commitments associated with your booking.
At our discretion, Peak Potential Adventures may offer some or all of the amount otherwise retained as an Adventure Credit towards a future adventure.
Between 30 and 60 days before departure
If you cancel between 30 and 60 days before departure, Peak Potential Adventures may retain amounts reasonably required to cover:
- your original deposit;
- payments already made or committed to third-party suppliers;
- cancellation charges imposed by suppliers;
- administrative and operational costs reasonably incurred in connection with your booking; and
- other reasonable losses resulting from your cancellation.
Where amounts can reasonably be recovered or losses reduced, including where your place can be resold, this will be taken into account when determining the amount retained.
Any Adventure Credit offered will be at the discretion of Peak Potential Adventures and subject to the Adventure Credit conditions below.
Within 30 days of departure
Cancellations within 30 days of departure occur at a stage when substantial arrangements will generally have been confirmed or paid for.
Peak Potential Adventures may retain amounts paid to the extent reasonably necessary to cover non-refundable supplier payments, committed costs and other reasonable losses resulting from your cancellation.
Depending on the circumstances and costs already committed, this may represent a substantial portion, or potentially all, of the adventure cost.
These cancellation provisions do not affect any rights you may have under Australian Consumer Law.
Adventure Credits
Where Peak Potential Adventures agrees to provide an Adventure Credit, the credit represents a dollar value and does not entitle you to a replacement adventure at the price of your original booking.
Unless otherwise agreed in writing, an Adventure Credit:
- may be applied towards an eligible future Peak Potential Adventures adventure;
- must be used within 24 months of the date it is issued;
- is subject to availability;
- cannot be redeemed for cash;
- is not transferable to another person without the written agreement of Peak Potential Adventures; and
- does not guarantee the price, departure date, itinerary or availability of any future adventure.
If the price of your new adventure is higher than the available Adventure Credit, you must pay the difference between the credit and the current price of the new adventure.
If the new adventure costs less than the available credit, any remaining credit will continue to be subject to its original conditions and expiry date unless otherwise agreed in writing.
Adventure prices may change over time due to factors including supplier pricing, exchange rates, permit costs, accommodation, transport and general operating costs.
Travel Insurance
Comprehensive travel insurance is compulsory for participants on our international adventures.
We strongly recommend arranging appropriate travel insurance as soon as possible after making your booking so that cancellation cover may apply from the commencement of your policy, subject to the insurer’s terms and conditions.
Your policy should be appropriate for your particular adventure and, where relevant, provide suitable cover for:
- trip cancellation and interruption;
- overseas medical treatment;
- emergency evacuation and repatriation;
- high-altitude trekking to the maximum altitude reached during your adventure;
- travel delays and disruptions; and
- lost or damaged baggage and equipment.
It is your responsibility to read the policy wording and confirm directly with your insurer that your policy provides appropriate cover for your adventure and personal circumstances.
Peak Potential Adventures cannot determine whether a particular insurance policy is suitable for you.
Changes or Cancellation by Peak Potential Adventures
Adventure travel can be affected by weather, environmental conditions, transport, government restrictions, supplier availability, participant safety and other circumstances outside our control.
Peak Potential Adventures may make reasonable changes to an itinerary where necessary for operational or safety reasons.
If Peak Potential Adventures cancels an adventure before departure, we will advise you of the options available based on the circumstances and applicable law. These may include transferring amounts paid to another departure, providing an Adventure Credit, providing an applicable refund, or another appropriate remedy.
Nothing in this section limits any rights or remedies you may have under Australian Consumer Law.
Peak Potential Adventures is generally not responsible for independently arranged expenses such as airfares, visas, vaccinations, equipment purchases or additional accommodation, except where liability cannot lawfully be excluded. Appropriate travel insurance is therefore strongly recommended from the time of booking.
Minimum Participant Numbers
Some adventures require a minimum number of participants to operate.
Where a departure has not reached the required minimum number, Peak Potential Adventures may contact participants to discuss available options before making a final decision about the departure.
We recommend considering the cancellation conditions applying to independently booked airfares and other travel arrangements and maintaining appropriate travel insurance.
Passports, Visas and Entry Requirements
You are responsible for ensuring that you hold a valid passport and obtain any visas, permits or other entry documentation required for the countries included in your adventure.
You are also responsible for checking current government entry, health and immigration requirements before travelling.
Requirements can change, and Peak Potential Adventures cannot guarantee that information provided at the time of booking will remain current at the time of travel.
Health, Fitness and Medical Information
Adventure travel can involve strenuous physical activity, remote environments, altitude, uneven terrain and limited access to medical facilities.
You are responsible for ensuring that you are physically and medically capable of participating in your chosen adventure.
You must disclose to Peak Potential Adventures any medical condition, injury, allergy, medication or other circumstance that could reasonably affect your participation or require assistance during the adventure.
Where appropriate, you should consult your doctor or qualified travel health professional before participating.
Peak Potential Adventures may request medical clearance where reasonably necessary for participant safety.
Participant Responsibilities
Participants are expected to:
- follow reasonable instructions provided by Peak Potential Adventures trip leaders, guides and local operators;
- behave respectfully towards other participants, guides, local communities and suppliers;
- comply with applicable laws, regulations and local requirements;
- bring suitable clothing and equipment for the adventure;
- take reasonable responsibility for their own health, safety and personal belongings; and
- not engage in behaviour that places themselves, other participants, guides or members of the public at unreasonable risk.
Where a participant’s behaviour creates a significant safety risk, seriously disrupts the group or prevents the safe operation of the adventure, Peak Potential Adventures may require that participant to leave the adventure.
Additional costs resulting from a participant leaving an adventure in these circumstances will generally be the participant’s responsibility, subject to applicable law.
Itinerary Changes During an Adventure
Adventure itineraries may need to change because of weather, trail conditions, altitude, participant health, transport disruption, government restrictions, natural events or other circumstances.
Our trip leaders and guides may alter an itinerary where they reasonably consider it necessary for the safety or effective operation of the adventure.
No guarantee can be made that a particular summit, destination, route or itinerary objective will be achieved.
Safety considerations will always take priority over itinerary objectives.
Early Withdrawal or Evacuation
If you choose to leave an adventure early, or our guides reasonably determine that you should descend, withdraw or be evacuated for health or safety reasons, additional costs may arise.
These may include transport, accommodation, medical treatment, evacuation, additional guides or other logistical expenses.
Unless Peak Potential Adventures is legally responsible for those costs, they are the participant’s responsibility and should be claimed through the participant’s travel insurer where applicable.
Unused services resulting from voluntary withdrawal or a necessary health or safety withdrawal are not automatically refundable.
Third-Party Suppliers
Peak Potential Adventures works with local operators, guides, accommodation providers, transport companies and other third-party suppliers in delivering our adventures.
These suppliers may operate independently and may be subject to local laws, operating conditions and their own terms and conditions.
Peak Potential Adventures exercises reasonable care when selecting and working with suppliers but cannot control every act or omission of an independent third party.
Nothing in this section excludes liability that cannot lawfully be excluded.
Adventure Risks
Adventure activities involve risks that may be greater than those encountered in everyday life.
Depending on the adventure, these risks may include altitude illness, falls, difficult terrain, extreme or changing weather, remote locations, wildlife, illness, transport incidents and delays in accessing medical assistance.
By participating, you acknowledge that adventure travel involves inherent risks and that not all risks can be eliminated.
You agree to follow reasonable safety instructions and procedures provided by Peak Potential Adventures, our trip leaders, guides and local operators.
Liability and Australian Consumer Law
Nothing in these Booking Terms and Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable legislation where that guarantee, right or remedy cannot lawfully be excluded, restricted or modified.
Adventure activities may constitute recreational services under Australian law. Participants may therefore also be required to read and sign an appropriate acknowledgement of risk and liability waiver before participating in an adventure.
Privacy
Peak Potential Adventures collects personal information reasonably necessary to manage your booking and provide the services associated with your adventure.
This may include contact information, emergency contact information, dietary requirements, medical information and other information relevant to your participation.
Where reasonably necessary, relevant information may be provided to our trip leaders, guides, local operators, accommodation providers, emergency services, medical providers or other suppliers involved in delivering the adventure.
Personal information will be handled in accordance with applicable Australian privacy requirements.
Photography and Media
Photographs and video may be taken during Peak Potential Adventures activities and may be used to share and promote our adventures through our website, social media, brochures and other marketing material.
If you do not wish to appear in identifiable promotional photographs or video, please advise Peak Potential Adventures before departure or speak with your trip leader during the adventure.
Where participants provide photographs or other media to Peak Potential Adventures, permission to use that material for promotional purposes will not be assumed solely because it has been shared with us.
Prices
The adventure price applicable to your booking is the price published or confirmed when your booking is accepted, subject to any price variation expressly agreed with you or permitted by law.
Prices for future departures may change.
Where an Adventure Credit is applied towards a future booking, the current advertised or quoted price for that adventure applies.
If the future adventure costs more than your available Adventure Credit, you are responsible for paying the difference.
Governing Law
These Booking Terms and Conditions are governed by the laws applicable in New South Wales, Australia, subject to any mandatory rights or jurisdictional requirements that apply under Australian law.
Contact Us
If you have any questions about your booking or these Booking Terms and Conditions, please contact:
Peak Potential Adventures Pty Ltd
ABN 35 119 012 396
Email: [email protected]
Phone: 0484 869 243
