Everest One
Terms and Conditions
1) Booking Form: By You completing the Booking Form, submitting it to EO, and EO’s acceptance of it by written reply, You agree to the terms and con-ditions contained in this document to the exclusion of all other terms and conditions not in this document, unless they are set out in the Booking Form, and/or otherwise agreed to in writing by You and EO (the parties).
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2) Prior dealings and variations: Any prior dealings between the parties and the terms and conditions that apply to those dealings do not apply to the Adventure. Any variation of these Terms and Conditions must be agreed in writing by You and EO and, in the case of EO, the signatory must be duly authorized by EO to agree to the relevant variation.
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3) Price: the price of the Adventure is outlined in the Trip Notes or has oth-erwise been notified to You in writing. The inclusions for the Adventure are listed in the Trip Notes. The price quoted is in AUD dollars and is payable by cash or direct deposit into EO’s nominated bank account. You will be liable for all bank charges that may be levied on direct deposits. Every endeavour will be made by EO not to change the Price. However, if there is a change to the exchange rate or local conditions, EO reserves the right to change the Price.
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4) Timing to Payment: Unless otherwise agreed in writing, the Price is payable as follows:
a) 30% or nominated deposit at the time You submit the Booking Form to EO; and b) The balance no later than 60 days prior to the first day of the Adventure, or such other date as EO in its absolute discretion may agree (i.e. Where You book the Adventure closer to the first day of Adventure); or c) If the Booking Form is submitted to EO within the 90 day period prior to the first day of Adventure, the Price is payable at the time the Booking Form is submitted, or such other date as EO in its absolute discretion may agree.
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​5) Transfer: if You book for this Adventure and decide to transfer to another adventure with EO that is at that time advertised by EO and the start date of that other adventure is not more than 12 months after the start date of this Adventure, then EO will agree to transfer your payment across to the new Adventure provided that your written notice of the change is received no later than 90 days prior to the date that the Adventure You initially booked was due to start or such other date as EO in its absolute discretion may agree.
6) Cancellation by You:
a) Payments made by You for your Adventure are forfeitable or refundable as follows.
If You cancel: i) 90 days or more prior to the first day of your Adventure – You forfeit your full deposit and any other non-refundable items. ii) 60 days or more but less than 90 days prior to the first day of your Adven-ture – 50% of the Price is refundable or forfeitable. iii) Less than 60 days prior to the commencement of your Adventure – 100% of the Price payable by You will be forfeitable (or forfeited, if paid) to EO. iv) If You cancel within 60 days, please remember that we have invested your funds in good faith to allow your adventure to proceed and therefore cannot offer You a refund. You can however obtain a credit note which can be transferred to another adventure within 12 months.
b) The Price is quoted as a package and no partial refunds will be made for any services not used or for any early exit by You from the Adventure. If any part of the Price is to be forfeited to EO but has not at the relevant time been paid by You then EO reserves the right to recover that amount from You as a debt due and payable. c) Depending on the reason for cancellation, you may be able to reclaim these cancellation charges under the terms of your travel insurance policy directly with your insurance provider. Travel Insurance is compulsory and should be obtained at the time You commit to the Adventure.
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7) Cancellation by EO (tour numbers): EO may cancel the Adventure if EO considers that the number of persons booked on the Adventure is insufficient for EO to run the Adventure. You may not claim any costs, loss or damages (whether direct or indirect) from EO in connection with any cancellation of the Adventure for such reason, including for any time incurred or inconvenience suffered, gear purchases, flights booked or vac-cinations obtained. However, all or any part of the Price already paid by You will be refunded to You, less any bank charges or fees incurred at the time You paid the Price.
8) Cancellation or other changes by EO (other): in the case of inclement weather, snowy or icy conditions, conditions that EO reasonably considers may make any part of the Adventure unduly risky, or any political military, terrorist threat or due to a variation to or introduction of a government travel warning after the date You book the Adventure, EO reserves the right to change the start date of the Adventure, the end date, the duration, the route, to cancel or postpone or delay the Adventure if EO considers that there may be a risk to the safety of participants, or to a third party providing those services if such conditions exist or may reasonably exist. You acknowledge that in the event of any such change, cancellation, postpone-ment or delay You have no right to claim any costs, loss, damages (whether direct or indirect) or refund from EO. You also acknowledge that EO is not obligated to inform You of any government travel warning that may apply and that You have or have had the opportunity to check any government travel warnings that may be in place.
9) Warranties and representations: You warrant and represent to EO that:
a) You are in good health and are mentally and physically it at the time of booking this Adventure; b) You have disclosed every matter concerning your health and wellness of which You are aware or ought reasonably be aware and/or expected to know that is relevant to EO permitting You to participate on this Adventure; c) You will notify EO as soon as You become aware if your
health and fitness is adversely affected in any way prior to the start of the Adventure, or during the Adventure so that EO can assess whether to permit You to participate or continue to participate in the Adventure; d) EO may disclose medical information about You to its consultant doctor (if applicable); e) You have sought medical advice as to your suitability for this Adventure or, You have elected not to seek medical advice for this purpose and wholly accept the risk of not having obtained such advice; f) EO has not made any representations to You in connection with the Adventure other than those contained in these Terms and Conditions; g) You are fully aware that the Adventure involves challenging trekking at high altitudes and You have satisfied yourself that You have the requisite skills and experience necessary for You to participate in the Adventure or You will ensure that You have the requisite skills and experience prior to the day of the Adventure: h) It may or may not be possible for You to insure yourself in relation to the Adventure, including the high altitude aspects of the Adventure i) You have made all due and independent enquiries in adventure travel, high altitude trekking and expeditions similar to the Adventure; and j) During the Adventure, You will follow the instructions of the Guide leading the Adventure, noting that those instructions in many circumstances will relate to the safety and wellbeing of participants in the Adventure.
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10) Adventure Guides: EO will nominate a suitably experienced Guide to lead your Adventure. However, EO reserves the right at any time to change the nominated Guide and replace that Guide with another suitably experienced Guide. You may not claim any costs, loss, damages (whether direct or indirect) or refund from EO for any change to an Adventure Guide or any other staff engaged by EO for your Adventure.
11) Exclusion from Adventure (health and fitness): if for any reason, the Guide, as nominated by EO, considers, in the Guide’s absolute discretion, that You should not participate in the Adventure for reasons associated with your health and wellness, despite You having obtained a medical clearance to do so, the Guide may exclude You from the Adventure, either before or during the Adventure. If on such grounds the Guide excludes You from the Adventure before the Adventure commences, then any refund will be in accordance with condition 6 as if You had cancelled during the timeframes stated in that clause. However, if the Guide excludes You from the Adventure on such grounds after the Adventure commences for any reason, no refund of the Price (or part of the Price) will be payable to You except in the absolute discretion of EO.
12) Exclusion from Adventure (other): The Guide may, in the Guide’s absolute discretion, exclude You from the Adventure if You engage in any illegal act, or the Guide considers that your behaviour is or is reasonably likely to cause danger, distress or nuisance to any other participant on the Adventure, including staff engaged by EO for your Adventure. In connection with such exclusion, You must follow the instructions of the Guide. You will not be entitled to any refund of the Price (or any part of it) in connection with any such exclusion and it is a matter for You to insure for this, if You can, as You may consider appropriate, reasonable, and appropriate or co-vers You for all risks that may apply to You as a participant on the Adventure.
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13) Information and Trip Notes: EO provides information and prepares Trip Notes in good faith. EO may make reasonable changes to any Adventure itinerary, services or route having regard to timing of the Adventure or for any reason considered necessary by EO or if it receives advice to do so.
14) Insurance: Travel insurance is compulsory for all trips. Insurance for You is not included in the Price. You acknowledge that it is your responsibility to make enquiries about and obtain and maintain appropriate insurance to cover You in connection with the Adventure, if possible. EO may ask You for your insurance details and You must provide those details to EO promptly but EO is not obliged to check that the insurance You obtain is reasonable, appropriate or covers You for all risks that may apply to You as a participant on the Adventure.
15) Travel documents: It is your responsibility to obtain the appropriate travel documents for entry to the country where the Adventure is to take place. EO will be responsible for applying for any permits that are relevant to the Adventure, but only to the extent listed as inclusions in the Trip Notes.
16) Airlines, flights: EO recommends that You obtain flexible flights for the Adventure as sometimes Adventures can be delayed due to events such as inclement weather and internal flights. You are liable for any costs You may incur in connection with your flights should timing of your Adventure change. You may not claim any costs, loss or damages (whether direct or indirect) from EO in connection with any change to the Adventure or your participation in the Adventure resulting in You incurring additional costs in connection with your flights.
17) Privacy: You agree that You:
a) permit EO, its agents or assigns to collect personal information from You, or from your medical practitioner, regarding your health and wellness, including any medical conditions You may have or have had previously. You acknowledge that this information may be disclosed to EO representa-tives in order to ensure your safety and wellbeing in connection with the Adventure, but will not be used by them for any other purpose; and b) will respect the privacy of the Guides and fellow participants in the Adventure and not do anything that is deemed by EO to be an invasion of their privacy.
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18) Image and Likeness: You grant EO the right to take and use photographs and videos of You and your personal effects in connection to your participation in the Adventure. In consideration for You participating in the Adventure, You authorise EO, its assigns and transferees to copyright, use and publish your image and likeness in print and/or electronically for marketing purposes, and the like.
19) Force Majeure: If EO is prevented (directly or indirectly) from performing any of its obligations under its agreement with You by reason of act of god, strikes, trade disputes, breakdowns, interruption of transport, government or political action, acts of war, terrorism, acts or omissions of a third party or for any other cause whatsoever outside of EO’s reasonable control, EO will not be liable for any costs, loss or damage You may suffer as a result and EO may cancel the Adventure and condition 8 will apply.
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20) Assumption of Risk: You acknowledge that:
Adventure travel, expeditions and trekking holidays are by their nature physically and mentally challenging and carry higher level of risk than a standard holiday, with potential exposure to risk of injury, death and loss to property; b) High altitude trekking is inherently dangerous and, of itself, carries the risk of injury, death and loss to property; c) Standards of accommodation, transport, healthcare, hygiene, safety and service providers are likely not to be as high in the region of the Adventure as in your country of origin; d) your Adventure will likely require You to travel on difficult, challeng-ing and dangerous terrain, at high altitude, in extreme weather conditions, in remote locations with minimal or no telecommunications and with sudden changes to Adventure arrangements, and political stability in the region of the Adventure; e) there are inherent dangers associated with adventure travel, You have considered those dangers and, nevertheless, You have elected to participate in the Adventure and accept all risk associated with your participation in the Adventure, including risk of injury, death, and loss to property; and f) EO is not liable for and You may not make any claim against EO for or in connection with the acts, omissions or negligence of third parties who may provide goods and/or services to EO or to You for the Adventure.
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21) Release and Waiver of Liability: In consideration for EO accepting your booking on the Adventure and You being permitted by EO to join the Adventure, to the extent permitted by law:
a) You indemnify and keep indemnified and release, discharge, waive, hold harmless EO and its officers, employees, agents, licensees, Guides and other representatives of EO from all claims, actions, costs and losses (whether direct or indirect) which may arise out of or occur in connection with the Adventure, whether arising or occurring before, during or after the Adven-ture, including in relation to any negligence caused or contributed to by any or all of those listed above; and b) You waive any claims You have or may at any time have against EO and its officers and employees and, as You accept the risks associated with your participation in the Adventure, You agree not to make any claim against EO its officers and employees for any personal injury, property loss or any other loss of any kind that You may suffer or incur in connection with the Adventure, whether before, during or after the Adventure.
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22) No waiver: a party will not be deemed to have waived any of it rights or remedies under these Terms and Conditions or at law by allocating any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
23) Australian Consumer Law
a) Under the Australian Consumer Law statutory guarantees apply to the supply of 'recreational services' of the kind offered by the Terms and Conditions. 'Recreational services' is defined as including activities that involve a significant degree of physical exertion or risk undertaken for the purposes of recreation, enjoyment or leisure. These guarantees mean that EO, it officers, servants, agents or assigns as the supplier, is required to ensure that the recreational services it supplies to You are rendered with due care and skill and are fit for their intended purpose.
b) Under Australian Consumer Law, EO, its officers, servants, agents or assigns, as supplier, is entitled to ask You to agree that these statutory guarantees will not apply to You. Therefore, please note that if you sign and/or submit this form to EO, You will be agreeing that your rights under EO's agreement with You, if you are killed or injured because the service provided are not rendered in accordance with these statutory guarantees, are excluded, restricted or modified in the way set out in this condition. c) To the extent permitted by law, You hereby exclude, release and forever discharge EO, it officers, servants, agents or assigns for all liability for any and all claim, loss, damage, cost or expense arising from your death or your suffering physical or mental injury or any other condition, occurrence, activity, form of behaviour, course of conduct or state of affairs as specified in Section 139A of the Consumer and Competition Act 2010 (Cth) (except in the case of liability arising from the reckless conduct on the part of EO, it officers, servants, agents or assigns and your participation in the recreational activities which comprise the Adventure.
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24) Jurisdiction and Applicable Law: Your booking, the Terms and Conditions, and the rights and obligations of the parties in connection with the Adventure, are governed exclusively by the jurisdiction and law of Australia and you and EO submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.
25) Definitions:
a) Agreement or agreement means the Booking Form and these Terms and Conditions, and any variation of them agreed to in writing by the parties b) Guide means any guide engaged by EO for the Adventure, whether as an employee, contractor or in any other capacity c) Adventure means the adventure for which You have booked and any trip substituted for that adventure in accordance with these Terms and Conditions d) High altitude trekking and climbing includes the actions of walking, trekking, backpacking, using ropes, crampons and other climbing equipment and may involve being on challenging terrain such as uneven trails, dirt trails, rock, ice and snow. e) Trip Notes means the trip notes we have provided to You for the Adventure. f) You or you means you as the participant in the Adventure and as a party bound by these Terms and Conditions.
26) Interpretation: ‘include’ or ‘including’ is to be read without limitation. 27) Severance: If any part of these Terms and Conditions are found to be illegal, unenforceable or invalid, then the relevant part will be severed un-less to do so would cause the Terms and Conditions to be frustrated.
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​For the benefit of Everest One, in signing the booking form for your chosen adventure, you acknowledge that you have read, understood and accept the terms and conditions accompanying the booking. ​​​