Welcome to Borneo

Escape Trekking Adventures Terms & Conditions

(Booking Terms & conditions including cancelation policy)

Please read carefully these terms and conditions of this contract.

In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between Escape Trekking Adventures ABN 71 827 095 874 and you. No purported variation of these conditions will be effective unless in writing and signed by a person so authorised by Escape Trekking Adventures. In these terms and conditions reference to “Escape Trekking Adventures representatives” means tour leaders and staff of Escape Trekking Adventures and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in each country in which the tour is conducted, or any of them.

1. How to Book. To reserve your place on one of the tours, you should complete the Booking Form and send it, along with a non-refundable deposit of $700 per person per trip to the nearest Escape Trekking Adventures office, or to your travel agent. Some trips require a non-refundable additional deposit or instant payment for a permit. In these instances refer to the individual trip notes for details.
2. Travel Insurance. Personal travel insurance is not included in the tour price. Adequate and valid travel insurance is compulsory for all of Escape Trekking Adventures travelers. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. We also suggests it covers cancelation, curtailment and loss of luggage and personal effects. You must provide proof of insurance to Escape Trekking Adventures. Escape Trekking Adventures reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested.
3. Evacuation, Withdrawal From Tour. In the unlikely event of an evacuation or withdrawal from any tour, Escape Trekking Adventures reserves the right to pass on costs incurred, including transport, logistical support and communications. Clients should submit these costs to their travel insurance company as part of their claim. Clients who have to withdraw from the trek for medical or any other reason, will be required to return to Australia on the first available International flight. They will also be required to meet any personal accommodation, transport and medical expenses incurred during their time away from their nominal home and claim these against their personal travel insurance policy. Escape Trekking will Adventures not accept liability for any of these expenses.
4. Personal Images. You agree that Escape Trekking Adventures may use images of you taken during the tour without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.

If you do not want agree to Escape Trekking Adventures using these images, you must inform Escape Trekking Adventures in writing prior to the departure of the trip.

5. Personal Information. In order to be able to supply our adventure service to you Escape Trekking Adventures will need to collect certain personal information from you. 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 by them for any other purpose without your express permission.

6.Health & Fitness Requirements. You must be in good health and physical condition and are strongly advised to follow our pre departure fitness training recommendations, where necessary. For many of our tours you will be required to submit a medical questionnaire completed by you or your doctor as proof that you are fit enough to participate in the tour. If you have booked a tour graded 1-5 the only time that a medical questionnaire will be required by your doctor is where you have a pre existing medical condition, are over 65 years of age. This will be sent to you upon booking and you will be required to return the form completed and signed by your doctor 70 days prior to departure. If you have booked for a tour graded 6-10 you will be sent a medical form upon booking and you will be required to have your doctor complete and sign your medical questionnaire and return to us 60 days prior to departure. If you suffer from severe muscular, chest heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating. Tours take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility. While we do not discriminate by age, due to the extreme nature of our mountaineering trips we strongly discourage participants over 60 years of age. Escape Trekking Adventures reserves the right in its absolute discretion to refuse a participant.

7. Medical Disclosure. It is your responsibility and you must advise Escape Trekking Adventures of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention while on our tours. Escape Trekking Adventures or our suppliers may require additional medical assessment by a medical practitioner. Escape Trekking Adventures reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Escape Trekking Adventures also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members.

Generally, we do not allow travelers under the age of 12 years. However we will occasionally make exceptions for under-18s traveling with their legal guardian or following discussion with parents or legal guardian. The decision for any person less than 18 years of age to travel on our scheduled itineraries is at the absolute discretion of the directors and guides of Escape Trekking Adventures. We reserve the right to;

You declare and warrant that

• You are in good health and mental and physical fitness at the time of booking this tour;
• You have disclosed to Escape Trekking Adventures every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to Escape Trekking Adventures decision to permit you to go on the adventure tour;
• Immediately upon any adverse change in your health or fitness that may be likely to affect Escape Trekking Adventures decision to permit you to go on the adventure tour, you will notify Escape Trekking Adventures in writing of any such adverse change;
• Escape Trekking Adventures are permitted to disclose medical information to our consultant doctor.
• Escape Trekking Adventures consultant doctor may exclude you from a tour if he/she deems it necessary. You acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and extends for the duration of the tour.
• You have taken the necessary precautions to immunise/vaccinate for the destination you are travelling to. If you fail to comply with the duty of disclosure in this condition and if Escape Trekking Adventures would not have permitted you to undertake the tour, or continue participation of the tour, had you made full disclosure under this condition, Escape Trekking Adventures will not be liable, except to the minimum extent.

8. Tour Leaders. Escape Trekking Adventures reserves the right to cancel any tour prior to departure. In this condition, ‘tour leader’ includes both the nominated tour leader and any other nominated person given at any time the task of leading or supervising any aspect of the tour. Escape Trekking Adventures tour leaders take their responsibilities seriously and if for any reason a tour leader believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, even if you pass your medical, he/she may exclude you from the tour. In this event, but subject to condition 6, you will be offered the option of taking another tour considered suitable for you or a full refund. If for any reason during a tour the tour leader considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated tour leader, your behavior is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the nominated tour leader’s instructions. In this case you will not be entitled to any refund. Travel insurance may compensate you depending on the circumstances. Escape Trekking Adventures reserves the right to change, at any time, the tour leader of any tour. If that happens, Escape Trekking Adventures will try to ensure that the alternative tour leader has expertise commensurate with that of the tour leader. Any such change by Escape Trekking Adventures will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.

9. Cancelation by Escape Trekking Adventures. Escape Trekking Adventures reserves the right to cancel a departure and will advise you of such cancelations no later than 30 days before the tour departure date. If due to ‘Force Majeure’ or government travel advice, Escape Trekking Adventures reserves the right to cancel a departure at any time. With any form of cancelation, Escape Trekking Adventures will do it’s best to offer you alternative arrangements if available, and if the price of your alternative adventure is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to Escape Trekking Adventures, (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). Escape Trekking Adventures will not be liable for any additional costs incurred by you.

Force Majeure
Escape Trekking Adventures will not be liable for any delay in, change to or cancelation of trips due to ‘Force Majeure’. ‘Force Majeure’ definition means a circumstance beyond the reasonable control of Escape Trekking Adventures and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.

Escape Trekking Adventures and or its third party reserve the right either before or during the course of the tour to refuse to carry or accommodate any client which it reasonably considers, in the light of the best interests of all participants within the tour group and crew, to be unsuitable by reason of physical or mental condition or unruly behavior.

10. Cancelation due to small tour numbers. Escape Trekking Adventures reserves the right to cancel any tour prior to departure in the event that there are too few people booked on a tour in which case you will be given a full refund of the tour price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes). We require a minimum of 6 trekkers in a selected trek. If numbers fall to 6 or below, we reserve the right to cancel, or change dates of the trek or refer you to another existing trek. Trek numbers are regularly reviewed and we will notify you of any cancelations no later than 50 days prior to your selected trek.

If numbers for your selected trek decrease below 6 people, you may be required to pay a small group trekking fee should you wish to proceed with the tour. A $4-600 fee per person is required to be paid. This does not happen very often, so if you have any questions regarding this just ask.

11. Itineraries and brochures. Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by Escape Trekking Adventures. The information contained in Escape Trekking Adventures brochures, itineraries, and internet site is, to the best of Escape Trekking Adventures belief, correct at the date of publishing.

12. Route changes, Postponement, Cancellation or Delay. Escape Trekking Adventures reserves the right to:

Cancel or modify any routes within the tour or objectives set out in the itinerary; or

Substitute different or equivalent routes within the tour in place of cancelled or modified routes, or

Postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of Escape Trekking Adventures, it is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of Escape Trekking Adventures, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by Escape Trekking Adventures. In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay. Escape Trekking Adventures also reserves, in its absolute discretion, the right to cancel any tour due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 4 applies as if you had transferred or cancelled the tour at the date that Escape Trekking Adventures cancelled the tour due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances.

13. Tour Prices. Package prices are per person based on ground costs, fuel prices, airfares, exchange rates and assumptions made at the time of printing the brochure. Escape Trekking Adventures tries its utmost not to increase tour prices, however sometimes increases are outside its control. The most current prices will be listed at www.escapetrekkingadventures.com.au so visit the website before booking. Escape Trekking Adventures reserves the right to amend tour prices without notice at any time before and including the departure date. Amendments may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges, increases in ground operator service fees, or the need to engage alternative air or ground operators. Any increase in tour prices must be paid prior to the departure date.

14. Proof of citizenship or information required to travel. It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information. It is recommended that your passport is valid for six months beyond the date of your return home to your home country.

15. Airlines and other transport providers. Any material published by Escape Trekking Adventures, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the tour. In the event that an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by Escape Trekking Adventures. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s.

16. Exclusions from tour price. Without limitation, the following items are excluded from the tour price:

Personal travel insurance;

Visa, passport and vaccination charges;

Departure, airport and airline taxes and on some tours internal domestic flights;

Extra meals, transport costs, accommodation costs, or other expenses not included in the itinerary; laundry, postage, personal clothing, medical expenses & items of a personal nature; emergency evacuation and/or emergency search charges;

Additional expenses caused by delay, accidents or disruption of planned itineraries;

Tips, onboard beverages and excess

17. Assumptions of Risk. You understand and will accept that your proposed tour may expose you to inherent dangers. Only people in good physical and mental condition should undertake this tour. Our tours are physically and mentally challenging you will be required to consult with your Doctor and ensure that your health is sound and you are able to undertake a rigorous training program as necessary to complete this tour. You must accept that you will be traveling through remote areas where external assistance may be delayed or unavailable if an unforeseen event occurs. This may be due to medical, weather or political situations and may affect you or other members of the group or our trekking crew. You must understand and accept that a medical emergency in this remote area may be life threatening and by completing your booking form you accept these potential adverse and unfavorable conditions and potential life threatening situations as your choice. You acknowledge and agree that:

By the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death;

In the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part;

The additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;

The enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour, and

You have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself that information or advice.

For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.

18. No Liability. You acknowledge and agree that:

Where Escape Trekking Adventures acts as a booking agent for third-party tour operators it accepts no liability for the acts or omissions of those third-party tour operators and does not authorise any suppliers including hotel management to promise refunds on our behalf; and

Operational control of the tour may be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Escape Trekking Adventures; and

Escape Trekking Adventures will not be liable for any breach of any law by any person with whom you travel on the tour; and

You may not rely on any representations concerning the tour made by Escape Trekking Adventures, which are not contained in these conditions.

19. Release and discharge of Liability. To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all Escape Trekking Adventures representatives from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise

Out of or occur during your travel in connection with the tour or any activities conducted in conjunction with the tour unless caused by the reckless conduct of Escape Trekking Adventures representatives, or

In connection with any optional activities which you may undertake during the course of your tour but which do not comprise part of your tour itinerary and you accept that any assistance given to you by Escape Trekking Adventures representatives in arranging such optional activities will not render the Escape Trekking Adventures representatives liable to you in any way.

20. Australian Consumer Law Under the Australian Consumer Law, statutory guarantees apply to the supply of recreational services of the kind offered by these 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 Escape Trekking Adventures, 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. Under the Australian Consumer Law, Escape Trekking Adventures, as supplier, is entitled to ask you to agree that these statutory guarantees will not apply to you. If you sign this form you will be agreeing that your rights under this agreement, if you are killed or injured because the services provided were not rendered in accordance with these statutory guarantees, are excluded, restricted or modified in the way set out in this condition. To the extent permitted by law, you hereby exclude, release and forever discharge all Escape Trekking Adventures representatives from all liability for any and all claims, 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 Competition and Consumer Act 2010 (except in the case of liability arising from the reckless conduct on the part of the Escape Trekking Adventures representatives) and connected with your participation in the recreational services which comprise the tour.

22. Cancelation, Amendments, Quotations and transfers 

Deposit & Final Payment

The non-refundable $700 Deposit secures your place in the trek, and No bookings will be made until the deposit is paid. This may result in missing the opportunity to be involved, so we suggest you book early.

Once your deposit is paid, your trek place & price is secure.

Balance is due 8 weeks prior to your selected trek.

Quotations

Quotes are valid for 30 Days, after which we reserve the right to increase costs.

Note: Only due to changes beyond our control, such as the exchange rate between Australia and our international destinations /or unexpected increases in outsource services/ costs (charter, accommodation, transport, fees etc) and/or review of trek package and prices, will prices be increased.

If you need to have your quote reviewed please contact us.

Cancelation

If a cancelation is made:

• Prior to 60 days departure if you select to cancel your trek you loose 100% of the $700 deposit.
• Between 29 & 59 days prior to your selected trek, a $1600 cancelation fee applies (per trekker).
• Between 28 & 1 days prior to your selected trek, a $2800 cancelation fee applies (per trekker).
• (We can assist with travel insurance claim).

Please note the above is a guide and maybe dependent on what has been booked for your participation in the trek itinerary – So Cancelation fee may increase to cover these costs. The cancelation fee is in addition to the $700 deposit.

Should you require canceling your trek as mentioned above – You are able to keep your ETA polo etc. that has been sent to you. – Should you need to cancel your trek, remaining balance can be transferred to another trek less your cancelation fee.

At Escape Trekking Adventures we pride ourselves on offering SAFE, professional treks, led by experienced guides and friendly service, so if you have any questions please feel free to Contact Us.

Terms

Please read carefully these terms and conditions of contract.

Transfers

If you wish to transfer from one tour to another, you must notify Escape Trekking Adventures in writing. Once Escape Trekking Adventures receives your notice the transfer will take effect subject to the following. Transfers may only be made to another tour to commence within 12 months of your original departure date and the following transfer charges will apply: • If your notice is received more than 70 days prior to your original departure date a $100 transfer fee will apply. In addition, any increase in airfares or operational services will be payable by you: or • If your notice is received within 70 days prior to your original departure date up to 50% of your original tour price will be forfeited provided your notice is received at least 35 days prior to your original date.

Amendments

Additional charges will be applied to you if you add, adjust or change a service prior to, during or before the completion of a trek. The cost of these will be charged out at the full rate and may incur a surcharge fee of $80 to cover any additional logistic arrangements that may be required for this service. Examples of this service could be but not limited to change from twin share to single share accommodation, use of (additional) personal porter, excess luggage, room upgrade or airport transfer out side the itinerary.

22. Severance of conditions.

If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.