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1300 852 287 [email protected]

Login

Sign Up

After creating an account, you'll be able to track your payment status, track the confirmation and you can also rate the tour after you finished the tour.
Username*
Password*
Confirm Password*
First Name*
Last Name*
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Phone*
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* Creating an account means you're okay with our Terms of Service and Privacy Statement.
Please agree to all the terms and conditions before proceeding to the next step

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Terms and Conditions

Please read carefully these terms and conditions of contract. In acknowledging that you have read and accept these terms and conditions, you agree to be bound by these conditions, which constitute the agreement between Resilience Builders and you. No purported variation of these conditions will be effective unless in writing and signed by a person so authorised by Resilience Builders.

In these terms and conditions reference to “Resilience Builders representatives” means program leaders and staff of Resilience Builders and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in each country in which the program is conducted, or any of them.

1. How to book

To reserve your place on a program, you must complete the online booking form on Resilience Builders’ website and submit it, along with a non-refundable deposit to Resilience Builders. The deposit amount payable is displayed at your time of booking as part of your program price. On booking with Resilience Builders, you acknowledge that your booking is tentative until Resilience Builders receives your deposit payment and this is confirmed by Resilience Builders in an email to you.

2. Payment

Payment for your program must be made by one of the payment methods accepted by Resilience Builders and displayed on its website. At the time of booking your program, you can elect to make payment in full including a deposit – or pay a deposit only with a balance payable later. The balance payable amount must be received by Resilience Builders no later than 45 days prior to the commencement date displayed for your program. Program prices (unless otherwise specified) are quoted in Australian dollars (AUD) and all payments must be made in AUD. If your balance payable is not received by Resilience Builders by the required date you will be taken as having cancelled the program and cancellation charges in accordance with Condition 4 will apply.

3. Amendments / Transfers

AMENDMENTS: If you wish to make amendments to your program arrangements, you must notify Resilience Builders in writing. Each amendment to your program arrangements can incur a $50.00 administration fee and you will be liable for any increase in airfares or operational expenses occasioned by the amendment. All administration fees must be paid before departure.

TRANSFERS: If you wish to transfer from one program to another, you must notify Resilience Builders in writing. Once Resilience Builders receives your notice, the transfer will take effect subject to the following. Transfers may only be made to another program to commence within 12 months of your original departure date and the following transfer charges will apply:

  • If your notice is received more than 45 days prior to your original departure date, a $100.00 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 45 days prior to your original departure date, 50% of your original program price will be forfeited provided your notice is received at least 35 days prior to your original departure date, otherwise 100% of your original program price will be forfeited.

Note: Any requested amendment to program arrangements or transfer from one program to another is subject to availability and the agreement in writing of Resilience Builders, however, the transfer of a program from one person to another is not permitted.

4. Cancellations

If you wish to cancel your program, you must notify Resilience Builders in writing. Once Resilience Builders receives your notice, cancellation will take effect subject to the following:

  • If cancellation takes place more than 45 days prior to your departure date, your full deposit will be forfeited.
  • If cancellation takes place between 45 and 35 days prior to your departure date 50% of the program price will be forfeited.
  • If cancellation takes place less than 35 days prior to your departure date, 100% of the program price will be forfeited.

5. Price is a whole (package) price

Program prices are quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to Resilience Builders by you, may be recovered from you by Resilience Builders as a debt due and payable.

6. Health and 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 all of our programs, you will be required to submit a medical questionnaire completed by you and signed by your doctor as proof that you are physically capable and fit and healthy enough to participate in the program. This will be sent to you upon booking and you will be required to return the form completed and signed by you and your doctor at least 45 days prior to your program departure date. 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 joining our programs. Most of our programs 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. Resilience Builders reserves the right in its absolute discretion to refuse a participant the right to participate in a program on medical or fitness grounds.

7. Medical disclosure

You declare and warrant that:

  • you are in good health and mental and physical fitness at the time of booking this program;
  • you have disclosed to Resilience Builders 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 Resilience Builders’ decision to permit you to go on the program;
  • immediately upon any adverse change in your health or fitness that may be likely to affect Resilience Builders’ decision to permit you to go on the program, you will notify Resilience Builders in writing of any such adverse change;
  • Resilience Builders are permitted to disclose medical information to our consultant doctor;
  • Resilience Builders’ consultant doctor may exclude you from a program if he/she deems it necessary. You acknowledge that the obligation to disclose under this condition continues from the time of booking the program through to departure and extends for the duration of the program.

If you fail to comply with the duty of disclosure in this condition and Resilience Builders would not have permitted you to undertake the program, or continue participation of the program, had you made full disclosure under this condition, Resilience Builders will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss incurred by you.

8. Program leaders

In this condition program leader includes both the nominated program leader and any other nominated person given at any time the task of leading or supervising any aspect of the program.

  • Resilience Builders program leaders take their responsibilities seriously and if for any reason before your departure a program leader considers, in his or her absolute discretion, that you should not participate in the program, even if you pass your medical, he/she may exclude you from the program. In this event, but subject to Condition 5, you will be offered the option of taking another program considered suitable for you or a full refund. If for any reason during a program the program leader considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated program leader your behaviour is causing or is likely to cause danger, distress or annoyance to others, including local inhabitants, whether due to cultural sensitivities or otherwise, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the nominated program leader’s instructions. In this case you will not be entitled to any refund. Travel insurance may compensate you depending on the circumstances.
  • Resilience Builders reserves the right to change, at any time, the program leader of any program. If that happens, Resilience Builders will try to ensure that the alternative program leader has expertise commensurate with that of the program leader. Any such change by Resilience Builders will not give rise to any right on your part to cancel the program or claim any expenses, loss or damage which may be suffered.

9. Cancellation due to insufficient program booking numbers

Resilience Builders will not cancel any program due to insufficient program numbers for which it has received a confirmed booking with a deposit paid.

 

10. Route changes, postponement, cancellation or delay

Resilience Builders reserves the right to cancel any program prior to departure. Furthermore, Resilience Builders reserves the right to:

  • cancel or modify any routes within the program or objectives set out in the itinerary; or
  • substitute different or equivalent routes within the program 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 program) any such aspect of the program if, in the absolute discretion of Resilience Builders, 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 Resilience Builders, 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 program or the aspect of the program being undertaken in accordance with your booking or for any other reason considered necessary by Resilience Builders. 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 program 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.

Resilience Builders also reserves, in its absolute discretion, the right to cancel any program 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 program at the date that Resilience Builders cancelled the program due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances.

11. Itineraries and brochures

Itineraries and other program 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 Resilience Builders. The information contained in Resilience Builders’ website or brochures is, to the best of Resilience Builders’ knowledge, correct at the date of publishing.

12. Insurance

Personal travel insurance is not included in the program price. It is a condition of booking a program with Resilience Builders, and your responsibility to ensure that you are adequately insured for the full duration of the program in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment. You must provide evidence to Resilience Builders that you have obtained personal travel insurance. You must ensure that your personal travel insurance covers all of the activities you expect to participate in.

13. 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.

14. Airlines and other transport providers

Any material published by Resilience Builders, the booking form and these conditions of contract are not issued on behalf, and do not commit any airline whose services are used or proposed to be used in the course of the program. 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 program by Resilience Builders. Any flights or other transport forming part of the program 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 liability to passengers in accordance with applicable international law and conventions.

15.1 Your program price (includes Nepal based programs where costs are incurred in USD)

Your program price:

  • is displayed at your time of booking on the Resilience Builders website
  • can vary if you elect to pay in instalments and there are changes in the exchange rate between the AUD and the United States dollar (USD) (refer Condition 15.2)
  • is a per person price
  • is the standard price for twin-share accommodation (unless you select an upgrade in the form of a program single supplement which provides you non-share accommodation)

15.2 Your program price can change with instalment payments (includes Nepal based programs where costs are incurred in USD)

Your program price (and subject to Condition 15.3):

  • if you pay in full at the time of your booking (which includes a program deposit) is the program price displayed at your time of booking
  • if you elect to pay in two instalments the program price is the program deposit amount displayed at the time of your booking, plus your balance payable amount as displayed at your time of booking which is subject to change and can be adjusted for changes up or down in the value of the reference exchange rate for the AUD and USD

The reference exchange for the AUD and USD that will be used by Resilience Builders to calculate any changes in your balance payable amount is Daily FX. Daily FX updates its rates daily using reserve bank and other data and its rate feeds are used by thousands of firms worldwide.

Where you elect to pay in instalments (and consequently have a balance payable amount):

  • both the reference exchange rate at the time of your booking and the impact of an exchange rate fluctuation on your balance payable amount are included on your booking invoice
  • you can pay your balance payable at any time prior to departure subject to Condition 2

You can control for the impact of currency fluctuations by either a) paying your program price in full at the time of your booking, or b) timing the payment of your balance payable amount to suit you (subject to Condition 2).

You can contact Resilience Builders if you require further clarification in relation to paying your balance and how the reference exchange rate could affect your final program price.

15.3 Your program price and a cost supplement (includes Nepal based programs)

Resilience Builders reserves the right to amend your program price by charging you an additional program supplement:

  • prior to confirmation of your booking in circumstances where you have booked on a program and there are below minimum numbers of travellers for the program
  • at any time before and including the program departure date where it is necessitated for reasons including, but not limited to, significant increases in fuel costs, and more specifically in relation to our Nepal based programs: Nepal airfares, Nepal airport charges, or ground operator service fees, or the need to engage alternative air or ground operators

and this supplement must be paid prior to the program departure date.

16. Exclusions from program price (includes exclusions from Nepal based programs)

Without limitation, the following items are excluded from the program price:

  • international airfares (travel to and from Nepal);
  • personal travel insurance;
  • visa, passport and vaccination charges;
  • departure, airport and airline taxes and on some program’s internal domestic flights;
  • extra meals, transport costs, accommodation costs, or other expenses not included in the itinerary e.g. laundry, postage and other personal expenses
  • clothing, medical expenses and items of a personal nature; emergency evacuation and/or emergency search charges;
  • additional expenses caused by delay, accidents, disruption of planned itineraries or emergency evacuation (for which you are obliged to carry sufficient funds and reimburse Resilience Builders before you depart Nepal where these expenses have been incurred on your behalf);
  • additional expenses specifically associated with chartering helicopters in the event of an emergency evacuation or time-critical requirements;
  • transport (for which you are obliged to reimburse Resilience Builders before you depart Nepal where these expenses have been incurred on your behalf);
  • any expenses incurred on your behalf, at the authority of your program leader, taking into account the safety and other needs of you and others travelling in the group e.g. tips, additional beverages and excess baggage charges.

Refer to the inclusions and exclusions published for each program and Resilience Builders’ program notes for full details.

17.1 Displayed program prices and impact of USD exchange rate (relevant to our Nepal based programs where costs are incurred in USD)

Resilience Builders’ advertised program prices will change from time-to-time with changes in the AUD and USD exchange rate. Program price changes that are based on the exchange rate will (subject to Condition 15.2) only affect advertised prices and will not affect the price of your program once you have booked it. Program prices are based on Nepal labour costs, other ground costs, fuel prices, Nepal airfares, exchange rates and other assumptions made at the time of publishing program prices. Nepal’s national currency is the Nepalese rupee whose value tracks the USD and most of Resilience Builders’ costs to operate programs are also payable in USD. Consequently, fluctuations in the exchange rate have a significant impact on Resilience Builders’ costs. The company endeavours not to increase its program prices where these costs are within its control.

17.2 Current program prices are on website

Current prices for Resilience Builders’ programs are published on the company’s website. You are obliged to check the website before booking to determine your program’s current price.

18. Force majeure

If Resilience Builders is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Resilience Builders’ reasonable control, Resilience Builders will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the program or take any other action as specified in Condition 10.

19. Assumption of risk

You acknowledge and agree that:

  • by the very nature of adventure travel-based programs, and trekking and climbing holidays and programs, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays and programs, and involve potential exposure to injury and possibly death;
  • in the countries and regions in which adventure travel and adventure-based programs are 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 and adventure-based programs may include difficult and dangerous terrain and 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 and adventure-based programs is derived in part from the inherent dangers and risks associated with such travels and programs and that those inherent dangers and risks are a reason why you wish to undertake the adventure travel/program; and
  • you have submitted your booking for the program 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 these reasons you accept the inherent and increased dangers and risks associated with the proposed adventure-based travel and program and the accompanying risk of injury, death or property damage or loss.

10. No liability

You acknowledge and agree that:

  • where Resilience Builders acts as a booking agent for third-party service providers / program operators, it accepts no liability for the acts or omissions of those third-party service providers / program operators and does not authorise any suppliers including hotel management to promise refunds on our behalf; and
  • operational control of the program 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 Resilience Builders; and
  • Resilience Builders will not be liable for any breach of any law by any person with whom you travel on the program; and
  • you may not rely on any representations concerning the program made by Resilience Builders, which are not contained in these conditions.

21. Release and discharge from all claims

To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the program, you release, waive and discharge all Resilience Builders 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 program or any activities conducted in conjunction with the program unless caused by the reckless conduct of Resilience Builders representatives; or
  • in connection with any optional activities which you may undertake during the course of your program, but which do not comprise part of your program itinerary and you accept that any assistance given to you by Resilience Builders’ representatives in arranging such optional activities will not render the Resilience Builders representatives liable to you in any way.

22. 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 Resilience Builders, 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, Resilience Builders, as supplier, is entitled to ask you to agree that these statutory guarantees will not apply to you. If you accept these terms and conditions 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 Resilience Builders 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 Resilience Builders representatives) and connected with your participation in the recreational services which comprise the program.

23. Privacy

You permit Resilience Builders 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 Resilience Builders representatives in order to ensure your safety and wellbeing but will not be used by them for any other purpose. Resilience Builders’ privacy policy and collection notice that is compliant with Australian privacy legislation and applicable to you is published on the company’s website.

24. 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.

25. 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.

26. Jurisdiction

This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of the State of Victoria.