Terms & Conditions

Region x – Terms and Conditions

DEPOSITS AND FINAL PAYMENTS

A deposit of 30% of the total trip price is required within 7 days of making a booking.

Final payment will be due 30 days (for Sth coast NSW departures) and 90 days (for all other destinations) prior to your scheduled trip departure date.

If the final balance is not received by the due date, we will regard the booking as cancelled and normal cancellation fees will apply. If you reserve a trip within 30 days (for sth coast NSW departures) or 90 days (for all other destinations) of departure, full payment is required at the time of booking. *Bank Transfers: Some electronic fund transfers may incur bank fees deducted from intermediary banks. Please note that all bank fees are to the customer’s charge. All outstanding balances, including minor values due to bank fee shortfall, will need to be paid in full prior to departure. To avoid your payment coming through short, please instruct your bank to pay all bank fees and to instruct the intermediary (correspondent) bank that all charges are to be returned to the originating bank.

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BOOKING TERMS AND CONDITIONS

These Terms and Conditions are for the business of Region X Pty Ltd, trading as Region X.

Please carefully read and ensure you understand the following terms and conditions as they set out the basis upon which we accept all bookings. If you decide to travel with Region X and make payment for a trip, you do so on the understanding that you have accepted the terms and conditions of the contract. We reserve the right to amend our terms and conditions from time to time.

1. Price and Validity

1.1 While we try our utmost not to increase our prices, this is sometimes outside our control. The most current prices will be listed at www.regionx.com.au so visit the website before booking. We reserve the right to amend our prices. Any increase in price must be paid by you before your departure. If the final balance is not received by the due date, we will regard the booking as cancelled and normal cancellation fees will apply.

2. Responsibility and Assumption of Risk

2.1 Upon receipt by us of your booking form and once your deposit (see clause 3.1) has been received, a binding Contract between you and Region X is in place. These Terms and Conditions are an integral part of the contract. If you list one or more other persons on the booking form, you agree that you will be personally responsible for all obligations ensuing from this Contract which concern you and the other persons booked.

2.2 Except to the extent that this waiver may be prohibited or restricted by the Competition & Consumer Act, Australian Consumer Law or other legislation that may exist from time to time in Australia, you hereby release Region X, its employees and agents, and any licensor or licensee from all claims and actions that you have, or may have at any time in the future, against them or any of them, howsoever arising, for personal injury, death, property damage or any other loss, damage or expense that you may suffer as a result of your participation in any trip organised with or in conjunction with Region X.

2.3 You are aware that your adventure trip, in addition to the dangers and inherent risks that may arise in the normal course with any adventure trip, has certain additional dangers and risks, some of which may include: physical exertion for which you may not be prepared, extreme weather conditions that are subject to sudden and unexpected changes, remoteness from normal medical services, and evacuation difficulties if you are disabled. You accept all the inherent risks of the proposed adventure trip and the possibility of personal injury, death, property damage, or loss. You acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, being a reason for your participation. You agree that if you suffer injury or illness, Region X or its agents can, at your cost, arrange medical treatment and emergency evacuation service, as Region X or its agents deems appropriate for your well-being. 

2.4 Notwithstanding any other provisions that may exist, you release Region X from any and all liability to you or anyone claiming through or under you by way of subrogation or otherwise, including by your insurer, for any loss or damage for which you are entitled to receive compensation under a travel and/or cancellations insurance policy.

2.5 Region X will not be responsible or liable for loss, damage or robbery of travel documents, baggage or other possessions.

2.6 In entering into the Contract, you are not relying on any oral, written or visual representations or statements by Region X or its staff or other agent or representative or any other inducement or coercion to go on the expedition other than its official published material. In deciding to book, you have made your own enquiries as to the suitability of the expedition and all aspects of it and you have satisfied yourself, based upon those enquiries, that it is an expedition that you wish to undertake.

2.7 You confirm that you are over the age of 18 years and that you have read and understood the terms and conditions of the Contract prior to signing the booking form and agree that the Contract will be binding upon your heirs, next of kin, executors, administrators and successors.

3. Booking Confirmation and Payment Terms

3.1. In order to confirm your booking, you are required to complete a booking form and make a non-refundable deposit payment of 30% per person (in the booking currency) within 7 working days of booking. For the avoidance of doubt, no booking can be confirmed until such time as the Booking Form and Deposit are received.

3.2 In the event that Region X cancels a trip due to minimum numbers not being met, or the trip is cancelled by a third party, Region X will refund in full any payments made by you for that expedition unless you inform us that you wish for the amount to be credited towards another expedition

3.3 Final payment will be due 30 days (for Sth coast NSW departures) and 90 days (for departures in all other destinations) prior to your scheduled departure date (or as otherwise stated by us in writing) and an invoice will be sent to you for this purpose. If you reserve a trip within 30 days (for sth coast nsw) or 90 days (for all other destinations) of departure, full payment is required at the time of booking.

3.4 Credit card payments are accepted. Merchant fees and bank surcharges apply.

3.5 Bank Transfers: Some electronic fund transfers may incur bank fees deducted from intermediary banks. Please note that all bank fees are to the customer’s charge. All outstanding balances, including minor values due to bank fee shortfall, will need to be paid in full prior to departure. To avoid your payment coming through short, please instruct your bank to pay all bank fees and to instruct the intermediary (correspondent) bank that all charges are to be returned to the originating bank.

4. Child Policy

4.1 Bookings are open to people 4 years of age and over (subject to approval by Region X). A child remains the sole responsibility of the adult at all times.

4.2 Children rate for Sth coast NSW departures are valid between ages of 4-17. Adults 18 and above years of age must pay the adult price. No child rate exists and Adult rates apply to all bookings for all other destinations outside of Sth coast NSW. 

5. Booking Transfer or Cancellation by you (the client)

5.1 If you wish to cancel your trip, we ask that you notify Region X immediately in writing. Cancellation will take effect upon receipt by Region X of your written notice.

5.2 Cancellations received more than 30 days (for Sth coast NSW departures) and 90 days (for all other destinations) prior to the trip departure date means a loss of your deposit (30% of the trip cost). However, your deposit may be transferred towards a different trip for a fee of $250, in applicable trip currency. Transfers are only valid on trips scheduled to commence within 18 months of your original departure date and you are permitted one transfer only. In addition, any increase in trip costs as a result of your transferring to an alternative trip or departure date will be payable by you. If cancellation takes place less than 30 days (for Sth coast NSW departures) and 90 days (for all other destinations) prior to trip departure, you will be required to pay the full cost of the trip. There is no refund for arriving late or leaving a trip early.

6. Special Requests or Requirements

6.1 Region X will use reasonable endeavours to accommodate special requests from you, including special dietary requirements, but they cannot be guaranteed. You should advise Region X as soon as possible after booking any such special requests or requirements, such that Region X can try and accommodate them. Likewise, you should notify us, as soon after booking as possible, of any special events.

6.2 Region X will use all reasonable endeavours to ensure that your choice of accommodation will be made available to you during the course of the trip. However, due to a variety of circumstances, it is not always possible to achieve that. In the event that that cannot be achieved, Region X will use all reasonable endeavours to make available to you a similar option.

7. Cancellation by Region X

7.1 Region X reserves the right to cancel an expedition if the minimum number of participants is not reached. We will endeavour to make, as soon as practically possible, any decision to cancel an expedition and we will notify you of that decision, as soon as we practically can. We will endeavour to identify for you another trip similar to the one that is cancelled. If one is not available, you will be refunded in full any payment already received from you. You will not be entitled to make any further claims related to such a cancellation, including but not limited to compensation or damages, for any loss, consequential or indirect damage, expenses, loss of time or inconvenience, loss of opportunity or loss of enjoyment which may result from such cancellation.

7.2 Region X also reserves the right to not operate or cancel a trip in the event of a cancellation by a third-party.

8. Delay or Change of Itinerary

8.1 Due to unforeseen circumstances, Region X may for any reason change the date of departure or conclusion of the trip, the scheduled point of departure for the tour, omit or change any scheduled stop on the trip or change the scheduled place of conclusion for the trip whether before or after the trip has departed, without prior notice to you. You will have no right to any refund and Region X will have no obligation to you or be liable for any loss, consequential damages, expenses, loss of time or enjoyment or inconvenience in respect of such changes.

9. Force Majeure

9.1 Region X will not be responsible for the performance of the contract if prevented or delayed by acts of God, strikes, or other industrial relations matters, accidents, weather, traffic, airport conditions, lack of performance by third party suppliers, or other causes beyond their control.

10. Health, Required Fitness Levels, Trip Grades, Age Limits + Compulsory Medical Assessments

10.1 It is your responsibility to advise Region X of any pre-existing medical conditions and/or disability that might reasonably be expected to increase risk of you requiring medical attention, or that might affect the normal conduct of any trip of the type that you will be booking and that might negatively impact other expedition members.

10.2 If you are over 70 years old, it is advised you seek an assessment of your medical condition from a fully qualified medical practitioner serving fit for the intended trip. Region X will take no responsibility for lack of assessment. 

10.3 Should your medical condition change after booking, it is your responsibility to advise Region X within 48 hours after you become aware of such a change.

10.4 Region X reserves the right to deny participation and or entry/boarding, without refund or resulting expenses, to any passenger (participant) for any reason at its sole discretion (including but not limited to the Expedition Leader and/or Medical Adviser determining that the passenger has not disclosed accurate medical information that may deem the passenger unfit to participate in the activities or that may impact other passengers).

11. Travel Insurance

11.1 Personal travel insurance is not included in the trip cost. We strongly recommend you take out travel insurance that includes cancellation coverage at the time of paying your deposit. In any case, if you are not covered by a travel insurance policy, the responsibility remains with the passenger and Region X specifically declines any responsibility whatsoever. Insurance should cover personal accident and medical expenses, evacuation and repatriation, baggage loss, and cancellation or curtailment of holiday sufficient to indemnify you, for any reasonably foreseeable loss.

12. Personal Data, Visas, Health Requirements

12.1 You are responsible for ensuring that all personal information provided by you to make a booking is correct. Region X will not be liable for any incorrectly issued vouchers or tickets as a result of incorrect or incomplete information provided by you. Any name or spelling changes made after booking confirmation may result in supplier-imposed fees which will be at your sole cost and expense.

12.2 You are responsible for all immigration, passport, visa, health, quarantine and customs laws, regulations, orders, demands or other requirements of countries proposed to be visited or transited. You should check the requirements of those countries with their embassies or consulates or other authorities.

12.3 Visas (including transit visas) and Reciprocity fees (paid prior to departure) are the passengers’ responsibility. For more information, please refer to www.dfat.gov.au or www.smarttraveller.gov.au (for Australian passport holders). Passengers from countries other than Australia should refer to their local government websites. You need to ensure that you have at least 6 months validity on your passport from the date of your return to your home country.

12.4 It is your responsibility to ensure that you are aware of any health requirements for your travel destinations as vaccinations may be required for the countries you visit. You need to contact your local doctor or a travel doctor who will advise you of these requirements. Please note that vaccinations may be recommended some period in advance of travelling.

13. Authority of the Leader or company representative

13.1 At all times, the decision of the Region X Leader or representative will be final on all matters likely to affect the safety and well-being of members and the conduct of the trip. This includes any decision that the Leader may make about the passengers’ ongoing participation in the expedition or certain activities that comprise part of the expedition. If the passenger fails to comply with a decision made by the Leader, or interferes with the well-being of the group, the Leader reserves the right to terminate your participation in the expedition and to require you to leave the expedition immediately, with no right of refund and Region X will not be liable for any compensation, costs, damages or losses arising from such termination.

14. Photographic Consent and Release, Privacy and Data Protection

14.1 As a passenger travelling, you extend permission to Region X to take your photograph during the trip, and you release all rights over those images without consideration. You understand and consent that Region X may use any likeness taken of you and your comments for future publicity in any media and promotional material. You waive any right to privacy or copyright in respect thereof.

14.2 Any passenger who does not wish to be photographed must advise Region X in writing prior to trip commencement.

14.3 We may also use your first name for marketing purposes, unless you tell us in writing prior to expedition commencement that you do not want us to do so.

15. Feedback

15.1 If you have any complaints about your trip, you should make them known at the earliest opportunity to the Leader or a Region X representative, who will take such action as he or she considers to be appropriate in the circumstances. If at the end of the expedition you feel that your complaint has not been properly dealt with, please notify us in writing either directly or through your travel agent within 30 days of the end of your trip. Region X reserves its rights to address any such complaints in such a manner as it thinks fit.

16. Jurisdiction and Law

16.1 All disputes and claims arising out of or in connection with this Agreement are governed by the laws applicable in the State of New South Wales Australia. By acquiring products and services from Region X, you consent and submit to the exclusive jurisdiction to the Courts of NSW and the Commonwealth of Australia, as may be appropriate.

17 ASSUMPTION OF RISK, LIABILITY RELEASE & INDEMNITY AGREEMENT

17.1. This document has important legal consequences and changes the legal relationship between you and Region X. Independent legal advice should be sought if you are unsure about the conditions and effects of this form. In consideration of the services of Region X, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Region X”), I hereby agree to release, indemnify, and discharge Region X, on behalf of myself, my children, my parents, my heirs, assigns, personal representative, and estate as follows:

17.2. I acknowledge that outdoor pursuits entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardising the essential qualities of the activity. The risks include, among other things: boat capsize; tidal conditions and currents; travel in remote areas; collision with objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning; illness in remote area; exposure to sun, strong wind, cold storms, large waves, eddies and whirlpools, and lightning; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; slips and falls while hiking; and rapidly changing adverse weather and water conditions. Furthermore, Region X guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.

17.3. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

17.4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Region X from any and all claim demands, or causes of action, which are in any way connected with my participation in this activity or my use of Region X equipment or facilities, including any such claims that allege negligent acts or omissions of Region X.

17.5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in a trip. I agree to bear the costs of such injury or damage. I further certify that I have no medical or physical conditions that would interfere with my safety in this activity. I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition.

18.6. In the event that I file a lawsuit against Region X, I agree to do so solely in the state of NSW, Australia and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Region X on the basis of any claim from which I have released them herein. Unless not able to be excluded, all laws which impose duties on Region X are excluded from this agreement with you. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.