1. Assumption of risk
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 with 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.
2. Exclusion of Liability
Save for the guarantees that apply to the supply of services of the kind covered by these terms and conditions under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (ACL), as modified by condition 19, and to the extent permitted by law, you hereby exclude, release and forever discharge WE and their representatives from liability for all claims including, without limitation, claims for loss of profits, consequential, exemplary and aggravated damages, for:
(a) your death or physical or mental injury or the death or physical or mental injury of any other person; and
(b) damage to or loss of your property or the property of any other person, arising from or connected with your participation in the recreational services which comprise the tour.
3. limited to liability for:
a. death; or
b. a physical or mental injury of an individual (including aggravation, acceleration or recurrence of such an injury); or
c. the contraction, aggravation or acceleration of a disease of an individual; or
d. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or affairs in relation to an individual
i. that is or may be harmful or disadvantageous to
the individual or community; or
ii. that may result in harm or disadvantage to the
individual or community,
4. Privacy
You permit WE to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to WE representatives in order to ensure your safety and well-being but will not be used by them for any other purpose.
5. Waiver
A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
6. 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.