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.
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.
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.
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:
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.
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:
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.
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.
You declare and warrant that:
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.
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 will not cancel any program due to insufficient program numbers for which it has received a confirmed booking with a deposit paid.
Resilience Builders reserves the right to cancel any program prior to departure. Furthermore, Resilience Builders reserves the right to:
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.
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.
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.
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.
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.
Your program price:
Your program price (and subject to Condition 15.3):
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):
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.
Resilience Builders reserves the right to amend your program price by charging you an additional program supplement:
and this supplement must be paid prior to the program departure date.
Without limitation, the following items are excluded from the program price:
Refer to the inclusions and exclusions published for each program and Resilience Builders’ program notes for full details.
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.
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.
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.
You acknowledge and agree that:
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.
You acknowledge and agree that:
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:
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.
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.
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.
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.