1. Who we are

 

WALKDAYS TRAVEL CO PTY LTD (ACN 702 161 779) of 11 Wallace Street, Willoughby NSW 2068, Australia, trading as WALKDAYS. In these terms "we", "us" and "our" mean WALKDAYS. "You" means the person who makes the booking and everyone travelling on it.

 

Contact: info@walkdays.com.au

 

We sell our walking holidays as principal.

 

That means we put the trip together, we sell it to you as one WALKDAYS product for one price, and your contract for the holiday is with us. We do not act as a booking agent for the hotels or other suppliers we use.

 

2. Making a booking

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2.1  To book, the lead traveller completes and signs our booking form and pays the deposit set out in clause 3. The booking form contains a risk warning and a fitness declaration, and the lead traveller signs it for everyone on the booking. We will not take a deposit until we have the signed form.

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2.2  Your booking is not confirmed until we send you a written booking confirmation. Until then we cannot guarantee availability or price.

 

2.3  If we do not receive your deposit within 7 days of issuing your invoice, we may release your dates and treat the booking as withdrawn.

 

2.4 The person who makes the booking is the lead traveller. You confirm that you are at least 18 years old, that you have authority to accept these terms for everyone on the booking, and that the details you give us for each traveller are accurate. You also accept the risk warning and give the fitness declaration in the booking form for every traveller on the booking, and you confirm that each of them has read the risk warning. We will send all correspondence to the lead traveller, who is responsible for passing it on, including the risk warning, the trip notes and the route guides.

 

2.5 Minimum age. The minimum age on our trips is 12. Anyone aged 12 to 17 must be accompanied on the trip by a parent or guardian who is travelling on the same booking, who signs the booking form for them, including its risk warning and fitness declaration, and who remains responsible for them throughout the trip. Our routes include cliff top paths, stairs and unsealed tracks, and the daily distances are the same for every walker on the booking. If we reasonably believe a route is not suitable for a young walker, we will tell you before you pay and offer an alternative.

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3. Prices and payment

 

3.1  All prices are in Australian dollars and include GST where GST applies.

 

3.2  Prices shown on our website are indicative starting prices, per person on a twin share basis. Your quoted price is the price in your invoice.

 

3.3 Deposit.  A deposit of 25 percent of the total trip price is payable to confirm your booking. The deposit is not refundable except where these terms or the law say otherwise. The deposit reflects work we do and costs we commit to as soon as you book, including route preparation, hotel reservations and supplier deposits.

 

3.4 Final payment.  The balance is due 60 days before your first walking day. If you book within 60 days of departure, the full amount is payable at the time of booking.

 

3.5 Late payment.  If we have not received your balance by the due date we will contact you. If payment is still outstanding 7 days after the due date we may treat your booking as cancelled by you and apply the cancellation charges in clause 6.

 

3.6 Price changes.  Once we have confirmed your booking we will not increase your price, except where you change your booking, add services, or where a government imposes a new or increased tax or charge that we must pay. If that happens we will show you the increase and its cause, and if it exceeds 8 percent of your trip price you may cancel and receive a full refund of everything you have paid us.

 

3.7 Payment methods.  We accept credit card and electronic funds transfer. We do not add a surcharge for paying by card. Card costs are built into our prices.

 

3.8 Room occupancy and single supplement.  Our prices are based on two people sharing one twin or double room. If you want a room to yourself, a single supplement applies. We do not publish the supplement on our trip pages, so if you are travelling alone or want your own room, ask us and we will quote it. Once quoted, the supplement forms part of your trip price for the purposes of clauses 5 and 6. Single rooms are subject to availability and some hotels on our routes have very few of them, so tell us early. Our trips are self guided and we do not pair solo travellers with other travellers, so a solo booking is always quoted with the single supplement.

 

4. What your price includes

 

Your booking confirmation and trip notes set out exactly what is included. Unless stated otherwise, your price includes:

 

- accommodation for the nights listed, on a room only or breakfast basis as stated

- luggage transfer between listed hotels, within the limits in clause 10.5

- your WALKDAYS route guides, maps and digital navigation files

- concierge support before and during your trip

- any activities, meals or transfers specifically listed as included

 

Your price does  not  include: flights or travel to and from Sydney, travel insurance, meals not listed, drinks, public transport unless listed, entry fees not listed, tips, personal expenses, or anything you arrange yourself while you are away.

 

5. Changes you ask for

 

5.1  Tell us in writing as early as you can. We will do what we reasonably can, but changes depend on hotel and supplier availability.

 

5.2  For changes requested 60 or more days before your first walking day: an administration fee of $150 per person, plus any charge a supplier passes on to us.

 

5.3  For changes requested less than 60 days before your first walking day: we will treat a change of trip or start date as a cancellation and rebooking, and clause 6 applies.

 

5.4 Name changes.  If someone on your booking cannot travel you may transfer their place to another person who meets the fitness and other requirements for the trip, up to 21 days before departure, for an administration fee of $150 plus any supplier charge.

 

5.5 Twelve month limit on transfers and credits.  Where you move to a different trip or a different date, your new first walking day must fall within 12 months of the day we agree the change. The same limit applies to any credit we hold for you, including a credit offered under clause 8. A credit must be used for a trip that starts within 12 months of the day we issue it, it is not transferable to another person unless we agree in writing, and it is not redeemable for cash. If you do not use it within that period it lapses, because we cannot hold supplier arrangements or pricing open indefinitely. This does not affect any refund you are entitled to under these terms or the law.

 

6. If you cancel

 

6.1  Cancellations must be sent to us in writing. They take effect on the day we receive them.

 

6.2  Because we commit to hotels and suppliers well ahead of your trip, the following charges apply. They are our genuine estimate of what your cancellation costs us at each point.

 

When we receive your cancellation this is your cancellation charge

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- More than 60 days before your holiday: You can either forfeit your deposit or reschedule once for free (within 12 months)

- 60 to 31 days before your holiday: Receive a 50% refund of your total trip cost including deposit, or reschedule once for free (within 12 months)

- 30 days or less before your holiday: Unfortunately, we can’t offer a refund at this stage, as everything is already locked in

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6.3  If, after you cancel, we recover any money from a hotel or supplier that we had already committed for your booking, we will refund that amount to you. We will tell you what we recovered.

 

6.4  If you leave a trip early, or do not use part of it, we cannot refund the unused portion.

 

6.5  This clause does not affect any rights you have under the Australian Consumer Law, or any claim you may be able to make on your travel insurance.

 

7. If we change or cancel

 

7.1 Minor changes.  Occasionally we need to change small details, for example swapping a hotel for one of a similar standard in the same area, or adjusting a route because of a track closure. We will tell you as soon as we can. Minor changes do not entitle you to a refund.

 

7.2 Significant changes.  If we have to make a change that materially affects your trip, for example changing your start date, materially shortening the trip, or moving you to accommodation of a lower standard, we will offer you a choice of:

 

- accepting the change

- moving to another WALKDAYS trip or another date, paying or receiving the difference in price

- cancelling and receiving a full refund of everything you have paid us

 

7.3 Cancellation by us.  We may cancel your trip if you have not paid on time, if you do not meet the fitness or health requirements after we have discussed alternatives with you, or because of an event outside our control under clause 8. Except where you are at fault, we will refund everything you have paid us, or offer you an alternative trip of equivalent value.

 

7.4  Where we cancel or significantly change your trip, we are not liable for other costs you have committed to separately, such as flights or accommodation you booked yourself. This is why clause 9 requires you to hold travel insurance.

 

8. Events outside our control

 

8.1  An event outside our control includes: severe weather, bushfire, flood, storm surge or coastal erosion, natural disaster, epidemic or pandemic and any government response to one, war, terrorism or civil unrest, industrial action, border or transport closure, failure of essential public infrastructure, and any government direction, closure or restriction affecting the routes, sites or accommodation used on your trip.

 

8.2  If such an event stops us running your trip, we will contact you and offer, so far as we reasonably can, a change of date, an alternative trip, or a refund of the money we hold for you less any amounts we have already paid to suppliers and cannot recover. Where you take a change of date, an alternative trip or a credit, the 12 month limit in clause 5.5 applies. We will always try to recover supplier payments on your behalf and will pass on anything we recover.

 

8.3  We are not liable for costs you incur because of an event outside our control, including flights, insurance excesses and time away from work.

 

9. Travel insurance

 

9.1  Comprehensive travel insurance is a condition of travelling with us. Your policy must cover at least: trip cancellation and curtailment, medical and hospital costs including emergency evacuation, and personal liability. If you are travelling from overseas it must also cover repatriation.

 

9.2  Check that your policy covers walking and hiking on marked and unmarked tracks and any other activity you plan to do. Some policies exclude it.

 

9.3  We will email you before your trip, normally with your final payment reminder, asking for each traveller's insurer, policy number and emergency assistance number. You must give us those details before you start, and we may ask to see the policy.

 

10. Your responsibilities

 

10.1 Fitness.  Our trips are self guided and involve walking 5 to 20 kilometres a day on varied terrain including stairs, cliff top paths, sand, uneven and unsealed tracks, and sections without shade. You must be able to complete the daily distances for the trip you book, unassisted, in the conditions typical for the season. Each trip page states its distances and grade. Read them before you book. This applies to every traveller on the booking, including anyone aged 12 to 17.

 

10.2 Health. If you or anyone on your booking has a medical condition, injury, allergy, medication requirement or mobility limitation that could affect whether this trip is suitable or safe, tell us on the booking form, before you pay, so we can talk it through before you commit money. We will email you before your trip, normally with your final payment reminder, asking for each traveller's dietary requirements, travel insurance details and an emergency contact. You must answer fully and truthfully, and you must tell us in writing as soon as anything changes. We treat this information confidentially. If we reasonably believe we cannot safely accommodate a condition, we will discuss options with you, which may include a different trip or cancelling under clause 7.3.

 

10.3 Documents.  You are responsible for your passport, visas, entry requirements and any health requirements for entering Australia. We are not liable if you are refused entry or cannot travel because your documents are not in order.

 

10.4 Behaviour.  We may end your trip without refund if your behaviour puts anyone at risk, causes serious damage or distress, or is likely to get us or a supplier into legal trouble. You are responsible for any damage you cause to accommodation or property.

 

10.5 Luggage.  We transfer up to two bags per person. Their combined weight must not exceed 20 kilograms, and no single bag may exceed 80 litres or 65 x 45 x 30 centimetres. These limits apply to every traveller, with no exceptions, because our transfer operator handles the bags by hand. The day pack you carry with you is not counted and does not travel with the transfer. Bags must be at the agreed collection point by the time stated in your trip notes. We may refuse to transfer, or charge extra for, bags outside these limits. Do not put valuables, medication, travel documents or fragile items in transferred luggage.

 

11. Self guided walking, route guides and navigation

 

11.1  Our trips are self guided. You walk without a WALKDAYS guide or leader. You choose when to set out, what pace to walk, whether to continue, and whether conditions are safe for you on the day. That judgement is yours.

 

11.2  We prepare our route guides, maps and digital files with care and update them regularly. Conditions on the ground change. Tracks close, are damaged by weather, are rerouted or are affected by tides, surf, bushfire, heat and construction. Signage and public transport timetables change. We cannot guarantee that every detail is current on the day you walk.

 

11.3  You must carry the navigation materials we provide, follow local signage, closures and official warnings, and where they differ from our notes, follow the official signage and warnings.

 

11.4  Mobile coverage on parts of our routes can be poor or absent. Do not rely on your phone as your only means of navigation or of calling for help.

 

11.5  Our route guides, maps, digital files and trip notes are our intellectual property and are licensed to you for your own use on your trip. Do not copy, publish or resell them.

 

12. Suppliers and things booked through our concierge

 

12.1  Where we book an activity, restaurant, transfer or experience for you as an extra, at your request and outside your included price, we do that as your agent. Your contract for that activity is with the operator and their terms apply, including their cancellation terms. We will tell you what those terms are.

 

12.2  We choose our accommodation and luggage transfer partners carefully. Those services are part of your package and clause 13 sets out our responsibility for them.

 

13. Our responsibility to you

 

13.1 Your rights under Australian Consumer Law.  Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including a guarantee that services will be supplied with due care and skill and will be fit for their purpose. Nothing in these terms excludes, restricts or modifies those guarantees or any other right you have that cannot lawfully be excluded.

 

13.2  Where we are permitted to limit our liability, and to the extent the law allows, our liability for a failure to comply with a consumer guarantee is limited to resupplying the service or paying the cost of having it supplied again.

 

13.3  We are not liable for loss or damage caused by something you did or failed to do, by another traveller, by an event outside our control under clause 8, or by an activity you arranged yourself.

 

13.4  To the extent the law allows, we are not liable for indirect or consequential loss, loss of enjoyment beyond the value of the affected service, or loss of income.

 

13.5 Recreational services.  Walking, hiking and swimming carry inherent risks including falls, uneven and slippery ground, cliff edges, exposure, heat, dehydration, wildlife, surf and rip currents, traffic, and the actions of other people. To the extent permitted by section 139A of the Australian Consumer Law and by the Civil Liability Act 2002 (NSW), we exclude liability for death, physical or mental injury and contraction or aggravation of an illness arising from your participation in recreational activities on your trip. This exclusion does not apply to conduct that is reckless, and does not apply where the law does not permit it.  

 

13.6  Nothing in these terms limits our liability for fraud or for anything else the law does not allow us to limit.

 

14. If something goes wrong

 

14.1  Tell us at the time. Call our concierge number in your trip notes as soon as a problem arises so we can try to fix it while you are still on the trip. If you do not give us the chance to fix a problem, it may reduce what we can do for you afterwards.

 

14.2  If you are still unhappy, write to us at info@walkdays.com.au within 30 days of the end of your trip with the details. We will acknowledge your complaint within 5 business days and give you a substantive response within 30 days.

 

14.3  If we cannot resolve it, you can contact the consumer protection agency in your state, for example NSW Fair Trading, or the ACCC.

 

15. Privacy

 

We handle your personal information in line with our Privacy Policy at walkdays.com.au/privacy. By booking you agree that we may pass the information suppliers need to deliver your trip, including your name and any relevant health or dietary information, to the hotels and other suppliers on your itinerary.

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16. General

 

16.1 These terms, your signed booking form, your booking confirmation, your invoice and your trip notes are the whole agreement between us. Where they conflict, your booking confirmation takes precedence. The risk warning and fitness declaration in the booking form stand alongside this agreement as a risk warning for the purposes of section 5M of the Civil Liability Act 2002 (NSW) and as the lead traveller's declaration for everyone on the booking, and nothing in this clause limits their effect.

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16.2  We may update these terms. The version that applies to your booking is the version in force on the day we confirm your booking, and we will send you a copy or link with your confirmation.

 

16.3  If any part of these terms is found to be unenforceable, the rest continues to apply.

 

16.4  These terms are governed by the law of New South Wales, Australia, and the courts of New South Wales have jurisdiction. If you live in another country, this does not remove any mandatory consumer protection you have where you live.