Terms & Conditions of Million Dollar Challenge 2016 - Trek Oman

Terms & Conditions

 

Please read carefully these terms and conditions of contract. In completing and submitting the Registration Form, you agree to be bound by these conditions which constitute the agreement between the World Expeditions Travel Group Pty Ltd ACN 001 424 568 (World Expeditions – the travel company and Huma Charity Challenge – the Million Dollar Challenge organizers, collectively “we”), the charity and you. No purported variation of these conditions will be effective unless in writing and signed by a person so authorised by World Expeditions.

 

In these terms and conditions reference to “World Expeditions or Huma Charity Challenge representatives” means tour leaders and staff of World Expeditions/Huma Charity Challenge 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 your selected Million Dollar Challenge you should complete the registration form and send it with a non-refundable $400 registration fee which does not form part of the challenge cost. Places are limited on the Million Dollar Challenge and we allocate on a first come first served basis.

 

2.       Payment & Fundraising

At the time of registration you are required to nominate your chosen registered Australian charity. A GoFundraise fundraising page will be allocated which provides a secure environment for you to direct those who would like to donate, receiving a tax-deductible receipt thereafter. Eligibility to take part in the Million Dollar Challenge is contingent on you raising the minimum fundraising target of $2000. World Expeditions will not accept receipt of balance payment until there is evidence that your fundraising target has been met. Fundraising and Travel Cost payments must be made as set out in the charity challenge payment calendar provided upon registration. Failure to reach the fundraising target with the charity on or before the required date will render you ineligible to depart for the challenge and you will forfeit in full the registration fee. You may choose to donate the fundraising target amount personally.

 

70 days prior to departure: You will be required to pay the full trip payment and fundraising target in accordance with the terms and conditions of this contract. If you book within 70 days of the charity challenge departure date you will be required to pay the registration fee, trip payment and fundraising target in full.

 

3.       Discounts on land and air arrangements

Subject to meeting 50% of your fundraising target, you will be able to access Emirates on line flights and by using the allocated promo code. You will receive 25% off Flex/Flex+ fares or 15% off special/saver fares. Payments for your flights will be made directly with Emirates. Subject to meeting your full fundraising target you will also receive 15% from the advertised Challenge Travel Cost which represents the land arrangements of the challenge payable directly to Huma Charity Challenge.

 

4.       Amendments/Cancellations

AMENDMENTS: If you wish to make amendments to your tour arrangements, you must notify World Expeditions in writing. Each amendment to your tour arrangements will incur a $50 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.

 

If your cancellation notice is received outside of 70 days prior to your departure date, you will forefeit your registration fee, any part trip payments, and any fundraising donations will be kept by your chosen charity.

If your cancellation notice is received within 70 days prior to your departure date, your registration fee, total trip payment will be forfeited and any fundraising donations will be kept by your chosen charity.

 

5.       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 Million Dollar Challenges 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 challenge. If you have booked a tour graded 1-4 the only time that a medical questionnaire will be required by your doctor is where you have a pre existing medical condition or are over 70 years of age. This will be sent to you upon registration 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 5-7 you will be sent a medical form upon registration and can complete this yourself and return to us 70 days prior to departure, unless you have a pre existing medical condition or are over 70 years of age in which case you must have your doctor complete and sign before returning it to us. If you have booked a tour graded 8 or 10 you will be required to have your doctor complete and sign your medical questionnaire and return to us 70 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. World Expeditions reserves the right in its absolute discretion to refuse a participant the right to participate in a tour on medical or fitness grounds.

 

6.       Medical Disclosure

You declare and warrant that

you are in good health and mental and physical fitness at the time of registration;

you have disclosed to World Expeditions 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 World Expeditions’ 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 World Expeditions’ decision to permit you to go on the adventure tour, you will notify World Expeditions in writing of any such adverse change;

We are permitted to disclose medical information to our consultant doctor.

World Expeditions’ 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 World Expeditions would not have permitted you to undertake the tour, or continue participation of the tour, had you made full disclosure under this condition, World Expeditions will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss incurred by you.

 

7.       Challenge Leaders

World Expeditions reserves the right to cancel any Challenge 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.

 

World Expeditions’ 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 challenge, 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 behaviour 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.

 

World Expeditions reserves the right to change, at any time, the tour leader of any tour. If that happens, World Expeditions will try to ensure that the alternative tour leader has expertise commensurate with that of the tour leader. Any such change by World Expeditions 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.

 

8.       Cancellation due to Challenge registration numbers

World Expeditions reserves the right to cancel any Challenge 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).

 

9.       Route changes, Postponement, Cancellation or Delay

World Expeditions 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 World Expeditions, 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 World Expeditions, 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 World Expeditions. 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.

 

We also reserve, at our 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 World Expeditions cancelled the tour due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances.

 

10.   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 World Expeditions. The information contained on the Huma Charity Challenge website or in the World Expeditions’ brochures, itineraries, and internet site is, to the best of Huma Charity Challenge and World Expeditions’ belief, correct at the date of publishing.

 

11.   Insurance

Personal travel insurance is not included in the tour price. It is a condition of registering on an Open Challenge that you ensure that you are adequately insured for the full duration of the tour in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment. You must provide evidence to us 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.

 

12.   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.

 

13.   Emirates and other transport providers

Any material published by Huma Charity Challenge and World Expeditions, the Registration Form and these conditions of contract are not issued on behalf of, and do not commit Emirates or any other airline carrier whose services are used or proposed to be used in the course of the challenge. 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 Challenge. Any flights or other transport forming part of the challenge 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.

 

14.   Challenge Prices

International challenge prices are per person and based on ground costs, fuel prices, airfares, exchange rates and assumptions made at the time of developing the quote, while domestic package prices are based on the ground costs and assumptions made at the time of developing the quote. World Expeditions tries its utmost not to increase challenge prices, however sometimes increases are outside its control. We reserve the right to amend 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 prices must be paid prior to the departure date.

 

15.   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 and 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 baggage charges.

 

Refer to our tour notes for full details.

 

16.   Force Majeure

If World Expeditions 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 World Expeditions’ reasonable control, World Expeditions will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in condition 8.

 

17.   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 registration 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 World Expeditions acts as a booking agent for third-party tour operators and accepts no liability for the acts or omissions of those third-party tour operators; and

World Expeditions 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 World Expeditions which are not contained in these conditions.

 

19.   Release and discharge from all claims

To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all World Expeditions 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 World Expeditions 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 World Expeditions representatives in arranging such optional activities will not render the World Expeditions 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 World Expeditions, 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, World Expeditions, 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 World Expeditions 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 World Expeditions representatives) and connected with your participation in the recreational services which comprise the tour.

 

21.   Privacy

You permit World Expeditions 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 World Expeditions representatives in order to ensure your safety and well being but will not be used by them for any other purpose.

 

22.   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.

 

23.   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.

 

24.   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:

Victoria, in the case the booking is made in the state of Victoria, or

NSW, in the case the booking is made elsewhere in Australia.

 

Emirates Special Offer

In support of this great initiative, Emirates has partnered up with World Expeditions and Huma Charity Challenge to reward you for your dedication and success.

Enjoy the following airfare reductions:

25% reduction on eligible Emirates Flex/Flex+ fares*

15% reduction on eligible Emirates Special/Saver fares*

Once you reach your target you will receive a personal promotion code to redeem this offer at emirates.com/au

*Terms and conditions:

Eligibility

This offer is valid for all Million Dollar Challenge participants who reach their goal of raising AUD 2,000 for their favourite Australian charity.

Bookings must be made online at www.emirates.com/au with unique promotional code received once participant reaches their goal of raising AUD 2,000.

Fares are valid for Business Class or Economy Class return travel from Adelaide, Brisbane, Melbourne, Perth or Sydney to nominated challenge destination.

25% discount is applicable only on eligible Emirates Flex/Flex+ fares.

15% discount is applicable only on eligible Emirates Special/Saver fares.

Airfares

Airfares are subject to the applicable government and airport taxes quoted at the time of booking.

Discount applies to the fare component only and excludes taxes, surcharges and levies.

Flight restrictions may apply to certain airfares. Please check ‘Fare Conditions’ from an online quote to view all fare rules.

This offer is permitted on Emirates flights only. It is subject to seat availability at the time and  may be withdrawn without prior notice.

This offer is not valid on EK407/ EK413/ EK421/ EK435/ EK5001/ EK5009.

Amendment and cancellation penalties may apply for date changes/rerouting. Please call Emirates on 1300 303 777 for assistance. 

Travel Restrictions

Valid for departures from Adelaide, Brisbane, Melbourne, Perth or Sydney for travel on permitted routes only. Bookings can only be made up to 11 months in advance.

Payment

Payments must be made online during the booking process.

Conditions of Carriage apply.

 

Site Terms and Conditions

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Introduction and acceptance of terms

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Overview

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GoFundraise fees

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Passwords

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Personal fundraising pages

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User IP

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Authorisation to Fundraise

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Fundraising face-to-face

  1. If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

  1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:

    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:

    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).
  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:

    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

  1. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:

    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:

    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.
  2. A notice given in accordance with clause 41 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated January 2024