Terms and Conditions – Hike Tribe
Introduction
1.1. These Terms and Conditions (Terms) outline your rights and responsibilities as a participant of Hike Tribe and Hike Tribe’s product named Day Hike or Day Hike Package. By submitting your Participant Form, you agree to be bound by these Terms.
1.2. Your Agreement with us is comprised of your Participant Application, our Privacy Policy, your Health Questionnaire, and these Terms.
Definitions and Interpretations
DH/DHP means Day Hike or Day Hike Package.
Agreement means this agreement.
Cancelation Fee refers to any applicable fee for cancelations.
Group Training Hikes refers to hiking sessions organized by the Company.
Company Rules means the rules outlined by Hike Tribe.
Company means Hike Tribe.
Extra Services means services other than the ones included in the DH/DHP.
Health Questionnaire means the health questionnaire you must undertake at the start of the DH/DHP.
Participant means the name of the buyer in this Agreement.
Participant Application means the application we will ask you to complete when purchasing our DH/DHP.
Participant Fees means the full DH/DHP payment.
We means Hike Tribe.
Staff means Hike Tribe and its employees and/or contractors.
You means the person named as the Participant in these Terms.
Participant Type
3.1. Your participation will begin on the date specified in your purchased ticket.
3.2. Your participation in our DH is contingent upon:
Your physical assessment confirming your ability to safely participate in the DH;
your Participant Application being accepted;
your completion of the Health Questionnaire;
you consenting to us taking a photograph of you for our participant records by signing a Media Consent Form;
your ongoing and complete compliance with these Terms, the safety rules of the Company (including any rules displayed inside the Company), and responding to any lawful directive of the Company’s employees or contractors.
3.3. All of the items in clause 3.3 and these Terms comprise your Participant agreement with us.
Minimum Age
4.1. Participants must be at least 18 years of age. No underaged participants are accepted for DH/DHP.
Package Transfer
5.1. You are not permitted to transfer your DH/DHP to any other person.
Extra Services
6.1. The Company may offer Extra Services to you as a participant that can be purchased separately, and in addition to your Participant Fees.
6.2. Pricing for these Extra Services is available from the Company and will change from time to time without notice.
6.3. It is important that you are on time for any appointment for the use of the Extra Services, and we reserve the right to charge you the full fee by way of forfeiture if you are more than 15 minutes late for an event relating to these Extra Services.
Payments
7.1. Your Participant Fees are due at the time of purchase prior to the event.
7.2. Participant Fees vary depending upon the type of product you purchased.
7.3. Payments for bookings and services must be made using a valid credit or debit card. By providing your card details, you authorise us to process the full payment at the time of purchase.
Access to Hikes and Online Platform
8.1. Access to the Private Online Platform is limited to your Participation in the DHP.
8.2. You are not permitted to provide your access to the Private Online Platform to non-participants.
8.3. You are not permitted to bring a non-participant to any of the DH events with you.
8.4. You acknowledge that it may be necessary for the Company to restrict the use of any item of equipment for safety or maintenance reasons or otherwise close off part of the Company from time to time.
8.5. You will have unlimited access to the resources provided on the Private Online Platform, subject to these Terms.
Day Hikes
9.1. The length and duration of a DH may vary depending on the group’s overall fitness level, traffic conditions, weather, and other unforeseen circumstances.
9.2. If you purchase a DHP, you are not permitted to swap individual DH unless you provide a valid reason, subject to review and approval at the discretion of the Company’s staff.
9.3. The Company’s Staff and Suppliers also reserve the right to alter the route of any of its tours and activities due to unpredictable circumstances including track closure or fire alerts.
Transport
10.1. Transport is not offered at this stage. You are required to use your own transport to attend the DH. Carpooling is highly recommended and will be organised amongst participants. The Company will not be held responsible if any incident occurs during the carpool/ride. It is the responsibility of individuals participating in a carpool/ride situation to have adequate coverage to protect both themselves and their passengers and to ensure the vehicle is in good working conditions. It is the responsibility of the individual accepting a ride in a carpool to ensure that the driver of the vehicle has an acceptable driving record and is licensed but also ensure the driver has a safe vehicle.
10.2. The Company’s Staff and Suppliers also reserve the right to alter the route or itinerary of any of its tours and activities due to other unpredictable circumstances including time schedule and mechanical or vehicle faults and failures.
Conduct/Behaviour of Participants
11.1. It is expected that participants will at all times behave in a well-mannered and appropriate way but are respectful to others in the Company and toward other participants. 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 Staff. In the event of bullying, harassment, abusive or otherwise unsafe or unwelcome conduct, the offending guest will be offered a partial refund (subject to the timing and costs already incurred and the Cancelation Fee) and asked to leave if the conduct does not immediately stop.
Your Health
12.1. You acknowledge that participating in exercise activities will incorporate various degrees of physical exertion and/or physical risk that may result in death or personal injury.
12.2. You agree to provide all information related to your health in the Health Questionnaire. You agree to always be truthful in your disclosure to us about your physical condition including any existing medical conditions. You further agree to advise us of any change to your physical condition or if any medical condition arises. You agree that this is your ongoing obligation.
12.3. If you are unwell or injured, you agree not to participate in hiking activities of the Company until you show a medical proof that you are physically and mentally able to partake in these hiking activities. This is for your health and safety and the health and safety of the other participants.
12.4. If you are feeling unwell or are injured during any of the hiking activities or otherwise being involved in any activity in the Company, you agree to immediately stop any such activity and notify a staff member (guide).
12.5. We strongly recommend that participants aged over 60 years of age, or participants with any medical conditions or concerns, obtain a medical certificate confirming they are fit and healthy to undertake any DH. You acknowledge and accept that you are solely responsible for having required medication (including epi-pens for allergies) with you and for advising the Company and its Staff of such medication prior to commencing any activities with the Company.
12.6. In the event that you become unwell, injured, or lost while partaking in our activities, you agree to indemnify the Company for any costs incurred by the Company or our Staff in arranging emergency evacuation or transportation, medical treatment, or other related costs.
Use of Camera & Other Device
13.1. Participants are permitted to use a Camera while participating in any Company’s hiking activities, subject to the participants signing the Media Consent Form in clause 3.3. (e).
Use of Equipment
14.1. Participants are expected to bring their own equipment and gear. The Company will not provide any equipment.
Dress
15.1. Participants are asked to wear appropriate hiking footwear and backpack while participating in any Company’s hiking activities.
15.2. Participants are otherwise asked to dress appropriately during any events and activities of the Company
Covid-19 Status
16.1. We strongly recommend that you familiarise yourself with the current status and updates to Australia’s regulation for outdoor activities in both regional and metro areas related to Coronavirus. This information is subject to change without notice.
16.2. You acknowledge that you are choosing to partake in a DH at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to partake in the DH is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with joining a group activity at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
16.3. If you cannot participate in the DH due to being tested positive for Covid-19, we will reschedule a DH. Should there be no more DH available, we will proceed with the refund of any monies paid, less the amount for services already utilised.
Personal Information
17.1. The way in which we will deal with your Personal Information is set out in our Privacy Policy.
17.2. Video surveillance in the transport (if any), and in the hiking areas may be used for security and safety purposes.
Public Liability
18.1 The Company holds a Public Liability limited to $20,000,000 which covers costs and damages in the event that Company and/or its Staff are negligent leading to damage to participants’ property or person. If the damage and injuries are not caused by the negligence or direct fault of the Company and/or its Staff, it is the participants’ responsibility to hold their own private insurance and/or ambulance cover.
Cancellation – by the Participant
19.1. Non-Refundable Policy
All purchases of Day Hikes (DH) or Day Hike Packages (DHP) are non-refundable.
19.2. Rescheduling Policy
If you are unable to attend a Day Hike for a valid reason and provide at least 7 days’ notice before the event, the Company may, at its discretion, offer the option to join a hike on a different date, subject to availability.
19.3. Extreme Circumstances Policy
In cases of extreme circumstances, such as a death in the family or a serious accident, the Rescheduling Policy will be reviewed for feasibility. If rescheduling is not possible, the following refund terms may apply:
(a) Cancellations made more than 14 days before the event may be eligible for a refund of the total amount, minus a 15% administrative fee.
(b) Cancellations made within 14 days of the event may be eligible for a refund of 50% of the total amount.
Cancelation – by the Company
20.1. The Company may immediately cancel your participation in the DH if:
(a) you breach these Terms or the Company Rules, such that we consider it is no longer appropriate for you to remain a Participant, in our absolute discretion; This decision will be made based on the Staff’s judgment if whether or not the Participant could jeopardise the whole group’s effort and achievement in accomplishing the DH.
(b) the Company forms the view that you have provided false information in your Participant Application or Health Questionnaire;
(c) the Company’ Staff believes that the Participant is not fit for the DH and does not comply with the requirements to partake into any DH. This is for your health and safety and the health and safety of the other participants;
(d) the Participant does not have the correct behaviours, right attitude and respect toward the Company’s staff members, employees and contractors, and the other Participants and is in breach with clause 10.
(e) the Participant misses one or more DH without notifying any Company’s Staff. If you have purchased the DHP, the Company may terminate your participation in other DH from your DHP without any refund.
20.2. We reserve the right to cancel any our hiking activities due:
(a) to poor weather, heavy rain, lightning, thunder, strong winds or due to fires. Our activities will only be canceled if we deem conditions to be an unacceptable risk to participants and guides or staff alike. However, the Company will never cancel an activity due to weather that would be reasonably expected when participating in an outdoor activity. These include, but are not limited to, hot & cold weather, rain that is both consistent and sporadic, wind, mist or fog, snow, overcast and the like;
(b) to Parks Victoria’s regulations with regards to weather and all associated warnings as we are an accredited Park Victoria Licensed Tour Operator;
(c) to potential lockdown or government restrictions related to Coronavirus measures and latest updates. Information related to latest Covid regulation and restrictions can be checked in the enclosed link: https://www.parks.vic.gov.au/get-into-nature/safety-in-nature/covid-19-update
Please refer to our CovidSafe plan.
(d) to the minimum of participation not reached: our DH has a minimum number of 8 participants for it to go ahead. In the event that minimum numbers are not reached, we may cancel your participation in the DH in which case we will offer to reschedule it or a refund.
20.3. 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 a DH (such as natural disasters and Acts of God, fire, flood and extreme weather events, terrorist events, war, strikes, lockdown, pandemics or public health emergencies, technical issues with transportation), cancel scheduled hiking activities at any time. We will always do our best to reschedule the hiking activities whenever possible.
Our Liability to You
21.1. The Company’s DH/DHP involves physical and nature-based activities, including hiking and other activities, that contain some inherent risks of physical harm, personal injury or death. By participating in our DH, 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 Hiking Activities, unless directly caused by our negligent act.
21.2. If you are killed or injured while using whilst participating in any of the Company’s activities, the Company will not be liable unless such death or injury is a consequence of our gross negligence.
21.3. The Company and its Staff 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 Participant in connection with the provision of Services, Products or the Hiking Activities, 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.
21.4. We are required pursuant to Australian Consumer Law and Fair Trading Act 2012 to provide you with the warning notice set out in clause 21.5.By signing this Agreement, you are signing the “form” referred to in clause 21.5.
21.5. Warning under the Australian Consumer Law and Fair Trading Act 2012 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees 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
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, 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, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Changes to these Terms
22.1. You acknowledge that we are entitled to change these Terms upon 14 days notice to you (except for any changes in clauses 6.2).