FOCUS TOURS PTY LTD (ACN 626 171 711) (“Focus”) of 35 Tamarind Avenue, Cabarita Beach in the State of New South Wales
- The Participant wishes to utilise the services of Focus to co-ordinate travel to the Kingdom of Nepal and Laos as part of a group comprising students and adults. (“the group”).
- The trip may involve general sightseeing, as well as a period of volunteer work in a children’s home, a school, villages and a trek in the Annapurna region (“the trek”). Laos is primarily sightseeing
- Focus will be assisting the group in organising certain aspects of the trip.
- The parties have agreed that Focus will not incur any liability in respect of any personal injury, property damage, loss or other damage suffered by the Participant and/or the Parent/s in the course of, or arising out of, the trip.
- If the Participant is aged less than 18 years, the Parents of the Participant agree to the releases, indemnities terms and conditions and other provisions of this deed.
IT IS AGREED AS FOLLOWS:
The Participant and the Parent/s acknowledge that:
- the Kingdom of Nepal and Laos are developing countries with a generally low standard of living, poor sanitation, sub-optimal health services and political instability;
- the Participant may throughout the duration of the trip, be exposed to unexpected accidents or events including, but not limited to, motor vehicle accident, theft, robbery, assault, falls, animal bites, rock fall, altitude sickness, thunderstorm/lightning, disease, earthquake, landslide, flooding, avalanche, and political disturbance as a result of which the Participant may suffer personal injury, property damage and other loss and damage;
- the Participant has engaged the services of a trekking agency in Nepal for the purposes of undertaking the trek;
- Focus is not involved in the planning or delivery of the trek;
- Focus will not be acting in the capacity of guide, chaperone or supervisor in connection with any of the activities undertaken during the course of the trip, including the trek.
The Participant and the Parent/s certify:
- The Participant has obtained a policy of travel insurance which will cover the participant for all aspects of the trip, including, if necessary, the costs associated with helicopter rescue or recovery and repatriation to Australia;
- The Participant has obtained all necessary vaccinations or immunizations recommended or required for travel to Nepal or Laos
- The Participant is fully physically capable of participating in the trip.
- Assumption of Risk
The Participant and the Parent/s on their own behalf and on behalf of their executors, administrators or assigns:
- voluntarily accept all risks inherent in participating in the trip, which may include but are not limited to the risk of personal injury, death and loss of or damage to personal property;
- acknowledge and accept the risk associated with travel in Nepal and Laos including local transportation, foreign political, legal, social, and economic conditions, language barriers, safety hazards, crime, disease, consumption of food, civil unrest or hostilities, terrorism, war, natural disasters and weather conditions, negligent first aid operations or medical treatment, and other risks that are unknown at this time;
- acknowledge and accept responsibility for any expenses incurred as a result of any such risks including the cost of transportation in the event of a medical emergency.
The Participant and the Parent/s:
- agree to indemnify and hold harmless Focus from all loss, claims, demands, actions, suits, proceedings, expenses, damages and liabilities arising out of or resulting from the Participant’s participation in the trip; and
- agree that this indemnity may be pleaded as a bar to any action, suit or proceeding commenced by the Participant, the Parent/s or their executors, administrators or assigns. In short, the Participant and the Parent/s agree that they cannot sue Focus or, if they do, they cannot collect any money.
- Focus does not assume any liability for any acts or omissions of the trekking agency or any third party in connection with the trip including, without limitation, those involving failure to deliver or partial or inadequate delivery of services, overbooking or downgrading of services, cancellation of tours, schedule changes, re-routings, problems with passports or visas, delay, theft, damage to or loss of baggage, property damage, accidents, death, sickness or injuries to persons regardless of cause, or other unforeseen events caused in connection with any service providers, their employees, agents, servants or representatives, whether or not any tours sold, services tendered or transportation provided is arranged through Focus.
- Focus does not accept any liability caused directly or indirectly by force majeure or other events beyond their control, including but without limitation to war or threat/acts of war, acts of government, acts of terrorism, fire, strikes or other labour activities, civil unrest, insurrection or revolt, quarantines, floods, weather conditions, natural disasters, incidents at sea, accidents or failure of mechanical equipment, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time or other disturbances of any kind which cancel, interfere with, or add cost to the trip.
- Governing Law
The terms and conditions in this deed are governed by the laws of the state of New South Wales and any legal action arising therefrom must be litigated only in the appropriate court in that state having jurisdiction in that claim.
A deposit of 20% is required at the time of booking.
A second payment of 30% AU is required six months prior to travel
A third payment of 50% is required two months prior to travel
If you require cancellation, depending on the reason you may be able to claim against your travel insurance policy (less any excess).
If Focus Tours cancels the tour you will be offered a credit towards another tour or a full refund.
Flights booked are subject to the terms and conditional of the airlines and are independent of Focus Tours