Sri Lanka (Amazing Trails) – Guided *TREK*CYCLE* (All Inclusive)

Terms and Conditions as of July 7, 2025

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T&Cs – Rockbourne Investments Pty Ltd T/A Climbing Mountains

Our business www.climbingmountains.com.au known as Climbing Mountains (the “Site”) is owned

and operated by Rockbourne Investments Pty Ltd ABN 48 100 967 717. In these booking terms and

conditions the expressions “Climbing Mountains”, “we”, “our” or “us” include Rockbourne

Investments Pty Limited (A.B.N. 48 100 967 717) and entities that assist or participate with

Rockbourne Investments Pty Ltd in the provision of the services it agrees to provide (where the

context permits, including its and their employee and agents) and the expressions “you”, “your”,

“client” or the “passenger” include a person seeking or requiring the services offered by Climbing

Mountains, all other persons (if any) included with that person in the booking and that person’s or

those persons’ travel agent (if any).

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1. TERMS AND CONDITIONS

Please carefully read and ensure you understand the following terms and conditions. You must not

make any booking unless you understand and agree with the following terms and conditions.

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2. ADVENTURES/EXPERIENCES AND AVAILABILITY

By requesting a quote for or booking any services or products (“Adventures/Experiences”), you (if

booking directly or through a travel agent) and your travel agent on your behalf (if booking through

a travel agent) acknowledge and confirm that you have read our booking terms and conditions, that

you accept them without reservation as constituting the entire agreement between you and us

which cannot be varied other than by an officer of Rockbourne Investments in writing.

Bookings of all Adventures/Experiences we arrange are provided by suppliers we believe to be

reputable and to operate in accordance with the standards set down by their own local authorities.

Those Adventures/Experiences are provided subject to those suppliers’ terms, conditions, and

limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss, or

damage to persons and/or effects) and we accept no responsibility for them, nor do we make or give

any warranty or representation as to their standard, quality or fitness for any particular purpose.

Any legal recourse you may have in respect of those Adventures/Experiences is against those

suppliers and not against us.

We recommend all passengers take out adequate travel insurance for the duration of their travel.

All Adventures/Experiences shown on our Site may be booked, subject to availability at the time of

booking; our tours will go ahead even if the group is small; we specialise in small group/niche

experiences.

We expect all participants to follow any lawful instructions given by our guides or company

representatives. This includes refraining from disruptive behaviour or showing disrespect or

negativity toward any member of the group. Anyone who does not comply with these guidelines

may be removed from the tour at their own expense. Our adventures and Adventures/Experiences

can be challenging, so it is essential that everyone follows all directions, both as a group and

individually, to ensure a safe and enjoyable experience for all.

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Considerable care has been taken to compile the information on our Site but circumstances outside

of our control may necessitate changes in itineraries or accommodation (e.g. bad weather, hotel

being damaged etc.). We reserve the right to cancel or reschedule departures and itineraries if

required by circumstances beyond our control. Where it is necessary to change a hotel, we will

endeavour to substitute accommodation of no lesser standard.

3. PRICES ON THE SITE

We endeavour to ensure the accuracy of all prices displayed on the Site.

Prices are:

(a) specified in multiple currencies including Australian dollars (unless stated otherwise) and are

subject to change without notice;

(b) indicative only and subject to change until all of your booking details have been provided to us,

we have confirmed your booking and you have paid in full; and

(c) for the number of persons, items or time periods and on the conditions stated on the relevant

page of the Site.

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“FROM” PRICES

The expression “from” with respect to a price means the lowest price for the Experience we believe

is available at the time of publication, based on information we have received from suppliers.

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TAXES, CHARGES AND CURRENCY FLUCTUATION

All Government taxes and charges imposed by suppliers, or third parties (including ticketing fees and

airline fuel surcharges) are payable by you and are subject to change. If there are any increase in

such taxes, charges or supplier rates or any currency fluctuation which increase the price of your

booking, we reserve the right to change the price you must pay by including the additional charges

or amount (together with any applicable service fee and GST) at any time prior to and including the

date of your departure, even if we have received full payment from you.

We will notify you of any such price changes that result in your travel arrangements being materially

different from those prior to the change being effected and in respect of which we have already

accepted your deposit or full payment. If so, and you do not wish to alter your travel arrangements,

you may cancel them and monies you have already paid, less any charges levied by suppliers, will be

refunded. Any refund will be calculated at the currency exchange rate that applied when your

booking was confirmed.

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AIRFARES

Airfare prices and conditions (if applicable) are subject to change or withdrawal without notification

until the airline tickets are issued (For example, foreign currency airfares and airport taxes may

fluctuate and are subject to the rate of exchange on date of ticket issue). Full payment is required

before tickets can be issued.

Rockbourne Investments is not responsible for any increases in prices or changes in any airfare

prices.

If we have knowledge of any potential airfare increases, we will advise you when confirming your

booking.

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ERRORS

We reserve the right to correct any errors in fees, charges, rate or prices quoted or billed, even if we

have received full payment from you.

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EXCLUSIONS

The price does not include airfares (unless otherwise stated), passport and visa fees, insurance,

laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour guides, motor coach

drivers and local city guides, items of a personal nature, excess baggage, expenses, fees or costs

incurred in case of illness, or of refusal of entry to, detention in, or expulsion or repatriation from a

country or part of a country. We are not liable for any expense, costs or loss incurred in relation to

such matters and you release us from all liability, damages, or responsibility in relation to them.

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4. HOW TO BOOK

Please contact one of our Experience Designers who will work with you to arrange an experience

customised to your needs. We will present to you written quotation for the Adventures/Experiences

requested unless otherwise stated on the Site.

You must ensure names used to make a booking are exactly as they appear in your/your individual

passports. Any name/initial or spelling changes made after booking confirmation may result in

supplier-imposed fees and/or you are unable to travel.

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5. QUOTES

All written quotes indicate the price for the Adventures/Experiences only, they do not, unless

specified, indicate the availability of the Adventures/Experiences.

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A quote if required for Adventures/Experiences is valid for 7 days from the date the quote is sent to

you.

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6. PAYMENT

Upon receiving instruction from you that you wish to acquire Adventures/Experiences, we will,

arrange (if available) the quoted Adventures/Experiences and provide you with a confirmation of

their availability and pricing. Your instructions will constitute confirmation that you have checked

the Adventures/Experiences being booked and you have read, understood and agreed to these

booking terms and conditions and any terms and conditions specified in the quote.

You must, pay to us:

(a) When booking an Adventure/Experience more than 90 days before departure, a refundable

deposit is required to secure your reservation and confirm availability and pricing. If booking within

90 days of departure, the full amount is due at the time of booking.

(b) You may also be required to pay any additional amounts we specify when confirming your

booking or from time to time, within the timeframe we provide. Some Adventures/Experiences may

require further payment, up to the full amount, to confirm your reservation.

Your booking will be confirmed once we have received your deposit or payment and have issued a

confirmation invoice to you or your travel agent.

The remaining balance must be paid no later than 90 days before the departure date listed on our

website (or any other date we specify). If you do not make a required payment by the due date, your

booking will be considered cancelled, and your deposit will be forfeited.

If you are unable to travel due to a medical reason or personal matter, and provide appropriate

documentation, we may issue a voucher valid for six months. However, as travel insurance may

cover such situations, we strongly recommend you consider this option first.

A travel agent who makes a booking at your request is your agent and is not our agent for the

purposes of receipt of the deposit or any part of the price.

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7. CREDIT CARDS

Any payment by credit card attracts a non-refundable service fee at time of payment, based on the

total cost of the payment. The amount of this service fee will depend on the credit card used and will

be advised at time of payment.

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8. AMENDMENTS

If you amend your booking after it has been confirmed you must pay to us:

(a) an administration fee of at least AUD$50, to cover communication and administration costs;

and

(b) any cancellation and/or amendment fees imposed by suppliers such as accommodation

providers and other suppliers.

We will, to the extent possible, advise you of all applicable cancellation and/or amendment fees

when confirming your booking.

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9. CANCELLATIONS AND REFUNDS

If you cancel your booking after it has been confirmed, but before you utilise the Experience, you

must pay to us:

(a) our reasonable costs to cancel your booking (to cover communication and administration

costs); and

(b) any cancellation fees imposed by the suppliers of your Adventures/Experiences (including

airlines if applicable).

Cancellation fees cannot be waived.

If you have paid any amount to us in respect of a booking, we may use it to pay the above costs and

fees. Any difference will be refunded to you. Please note that the earlier you cancel your booking the

lower the cancellation fees are likely to be.

After your travel has commenced, there can be no refund in respect of any Adventures/Experiences

not utilised whether by choice or because of late arrival or early departure, including failure of a

transport to operate according to schedule. Employees of any supplier are not authorised by us to

give any undertakings in respect of refunds or other matters.

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10. LIMITATION OF LIABILITY

We facilitate the arrangement of Adventures/Experiences that are, at times, delivered by third-party

suppliers. As we do not always directly provide these services, we cannot be held responsible for the

actions of other companies when our representatives are not present.

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Suppliers Terms and Conditions

Supply of the Adventures/Experiences is made, and all itineraries, coupons and exchange orders

(collectively “vouchers”) are issued to you, upon the supplier’s terms and conditions that are then in

use, including as to the applicable laws, requirements and policies of any government authority

related to, among others, visas, entry, exit or transfer requirements. Your acceptance of the

vouchers constitutes those terms and conditions as the entire agreement between you and the

relevant supplier and you bear all costs or losses incurred as a consequence of your failure to comply

with them.

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Exclusion of Liability

In the absence of our negligence, we are not liable for any cancellations, diversions, substitution of

equipment, variations, postponements or any other act, omission or default (whether negligent or

otherwise) of any supplier nor are we liable for any loss or damage to baggage or property, injury,

illness or death, or any other loss (including consequential loss) damage or claim whatsoever arising

from the act, error, omission, default or negligence of any person not our direct employee or under

our exclusive control.

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We are not responsible for any criminal conduct of any third party.

Where a motor coach seat is fitted with a safety belt, neither we nor any supplier concerned will be

liable for death, injury, or any loss or damage whatsoever you suffer from any accident or incident if

you are not wearing the safety belt at the time of such accident or incident.

We are not liable for any injury, damage, loss, delay, additional expenses or inconvenience caused

by your acts, omissions or defaults, your state of health, medical condition or circumstances or other

reasons which are beyond our control, including force majeure events or failure of equipment or

machinery.

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Warranties

To the extent permitted by law, all express and implied warranties, guarantees, representations or

terms are expressly excluded.

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Where the law implies any warranty guarantee or condition which cannot be excluded, our liability

to you for breach thereof is limited to supplying the services again or payment of the cost of having

the services supplied again.

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Maximum Liability

Despite any other provision of these terms and conditions, to the extent permitted by law, our

maximum liability to you or any third party is limited to the price you have paid us for the booking.

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11. COMPLAINTS

We endeavour to ensure that the arrangements we have made for you are implemented as

arranged. If a problem occurs, the most practical way to deal with it is attempt resolution with the

supplier. If you fail to follow this course, any claim for compensation may be reduced or denied. If

you have any unresolved complaint, details should be lodged in writing (with supporting

documentation, including efforts made with the supplier to resolve it) with your travel agent or

directly with us within 30 days of your holiday concluding.

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12. HOTEL DESCRIPTIONS & PHOTOGRAPHS

Hotel and facility descriptions featured on our Site are based on hotel guides and information

provided by suppliers and may change at any time. Pictures utilised may not reflect the exact room,

décor, view, or other specifications.

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13. INSURANCE

We highly recommend you purchase travel insurance (covering COVID-19 and/or pandemics) against

forfeiture of payment, loss of deposits, cancellation charges, baggage loss, medical expenses, theft,

and other contingencies. We make no representations as to what you may recover under any

insurance. You agree not to hold us responsible for any decision of insurers, and/or any supplier, or

the requirements of any foreign government, authority, foreign law, or policy.

Some of our Adventures/Experiences require insurance prior to commencement (the Site).

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14. INTERNATIONAL TRAVEL

You are responsible for all immigration, passport, visa, health, quarantine and customs laws,

regulations, orders, demands or other requirements of countries visited or transited. You should

check the requirements of those countries with their embassies or consulates or other authorities.

Official travel advice issued by the Australian Department of Foreign Affairs and Trade is available by

calling (in Australia) 1300 555 135 or visiting their website www.dfat.gov.au. We recommend that

you review this information both prior to making your booking and prior to departure. We strongly

recommend that you also register your upcoming travel plans through

the smarttraveller.gov.au site.

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15. UNLICENSED SUPPLIER DISCLAIMER

Climbing Mountains range of products and services have been refined over many years. If you

request Rockbourne Investments T/A Climbing Mountains to arrange Adventures/Experiences by a

person or company which is not licensed in accordance with any applicable law, we accept no

liability (whether in contract for negligence or otherwise) for any loss or damage suffered by you as a

result.

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16. PRIVACY

You consent to our, our agents and related entities to collecting, retaining, using, and disclosing your

personal information in accordance with our Privacy Policy. Our Privacy Policy sets out how we

manage your personal information and is available on our website or can be sent to you on request.

Your booking of any Experience constitutes your representation to us that you have read our Privacy

Policy and accept its application to you.

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17. OUR WEBSITE

By using the Site to browse any Experience, you represent to us that you have read our User

Agreement posted on the Site and you accept its application to you.

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18. LAW AND JURISDICTION

The agreement between us and you in respect of the services to be provided is constituted solely by

these terms and conditions and is governed by the laws of Queensland, Australia. We and you

submit to the exclusive jurisdiction of the Courts of Queensland and the Courts of appeal

therefrom. In any legal action, arbitration, or other proceeding to enforce, interpret or construe the

terms [of this Agreement/and conditions], or concerning any grievance relating to

the [cruise/tour/holiday/booking], the prevailing party shall be entitled to recover its reasonable

legal fees and expenses on a solicitor/client basis.

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19. UNDERSTANDING THESE TERMS AND CONDITIONS

If you do not understand any aspect of these terms and conditions, you should seek legal advice

from an appropriately qualified person.

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20. ADDITIONAL INFORMATION, REFUNDS AND OVERVIEW (extract website)

Payment: Full payment for all tours must be received by Climbing Mountains 150 days prior to the tour

departure date.

Cancellation: If you need to cancel your tour booking, the following cancellation fees will apply based

on the number of days before your scheduled departure:

• Full refund: 151 days or more (before scheduled departure), minus a $100 administrative fee.

• Partial refund (50%):  Between 150 days to 91 days, minus a $250 administrative fee.

• No refund: 90 days or less.

• Voucher issued (valid for 12 months) for emergencies with formal documentation only.

Tour itinerary: Climbing Mountains reserves the right to make changes to the tour itinerary as

necessary due to unforeseen circumstances. Travel insurance: It is compulsory (ensuring adventure

activities are listed + emergency evacuation) that customers purchase travel insurance to cover any

unexpected events such as trip cancellation, medical emergencies, or lost or stolen

belongings. Responsibility: Climbing Mountains and its employees and contractors are not responsible

for any personal injuries or deaths, or loss of personal property during the tour. All participants must

sign our standard waiver 90 days prior to departure otherwise your tour could be cancelled without

refund.

Customers are responsible for their own safety and should follow all safety guidelines Climbing

Mountains provides. Passports and visas: It's the customer's responsibility to obtain and carry a valid

passport and any necessary visas for the duration of the tour.

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Medical conditions: Customers must inform Climbing Mountains of any pre-existing medical

conditions prior to the tour; failure to do so may result in the cancellation of the booked tour without

refund.

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Terms and Conditions before July 7, 2025

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T&Cs – Rockbourne Investments Pty Ltd T/A Climbing Mountains

Our business www.climbingmountains.com.au known as Climbing Mountains (the “Site”) is owned

and operated by Rockbourne Investments Pty Ltd ABN 48 100 967 717. In these booking terms and

conditions the expressions “Climbing Mountains”, “we”, “our” or “us” include Rockbourne

Investments Pty Limited (A.B.N. 48 100 967 717) and entities that assist or participate with

Rockbourne Investments Pty Ltd in the provision of the services it agrees to provide (where the

context permits, including its and their employee and agents) and the expressions “you”, “your”,

“client” or the “passenger” include a person seeking or requiring the services offered by Climbing

Mountains, all other persons (if any) included with that person in the booking and that person’s or

those persons’ travel agent (if any).

1. TERMS AND CONDITIONS

Please carefully read and ensure you understand the following terms and conditions. You must not

make any booking unless you understand and agree with the following terms and conditions.

2. EXPERIENCES AND AVAILABILITY

By requesting a quote for or booking any services or products (“Experiences”), you (if booking

directly or through a travel agent) and your travel agent on your behalf (if booking through a travel

agent) acknowledge and confirm that you have read our booking terms and conditions, that you

accept them without reservation as constituting the entire agreement between you and us which

cannot be varied other than by an officer of Rockbourne Investments in writing.

Bookings of all Experiences we arrange are provided by suppliers we believe to be reputable and to

operate in accordance with the standards set down by their own local authorities. Those Experiences

are provided subject to those suppliers’ terms, conditions, and limitations (some of which may

exclude or limit liability in respect of death, injury, delay, loss, or damage to persons and/or effects)

and we accept no responsibility for them, nor do we make or give any warranty or representation as

to their standard, quality or fitness for any particular purpose. Any legal recourse you may have in

respect of those Experiences is against those suppliers and not against us.

We recommend all passengers take out adequate travel insurance for the duration of their travel.

All Experiences shown on our Site may be booked, subject to availability at the time of booking.

Considerable care has been taken to compile the information on our Site but circumstances outside

of our control may necessitate changes in itineraries or accommodation (e.g. bad weather, hotel

being damaged etc.). We reserve the right to cancel or reschedule departures and itineraries if

required by circumstances beyond our control. Where it is necessary to change a hotel, we will

endeavour to substitute accommodation of no lesser standard.

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3. PRICES ON THE SITE

We endeavour to ensure the accuracy of all prices displayed on the Site.

Prices are:

(a) specified in Australian dollars (unless stated otherwise) and are subject to change without

notice;

(b) indicative only and subject to change until all of your booking details have been provided to us,

we have confirmed your booking and you have paid in full; and

(c) for the number of persons, items or time periods and on the conditions stated on the relevant

page of the Site.

“FROM” PRICES

The expression “from” with respect to a price means the lowest price for the Experience we believe

is available at the time of publication, based on information we have received from suppliers.

TAXES, CHARGES AND CURRENCY FLUCTUATION

All Government taxes and charges imposed by suppliers, or third parties (including ticketing fees and

airline fuel surcharges) are payable by you and are subject to change. If there are any increase in

such taxes, charges or supplier rates or any currency fluctuation which increase the price of your

booking, we reserve the right to change the price you must pay by including the additional charges

or amount (together with any applicable service fee and GST) at any time prior to and including the

date of your departure, even if we have received full payment from you.

We will notify you of any such price changes that result in your travel arrangements being materially

different from those prior to the change being effected and in respect of which we have already

accepted your deposit or full payment. If so, and you do not wish to alter your travel arrangements,

you may cancel them and monies you have already paid, less any charges levied by suppliers, will be

refunded. Any refund will be calculated at the currency exchange rate that applied when your

booking was confirmed.

AIRFARES

Airfare prices and conditions (if applicable) are subject to change or withdrawal without notification

until the airline tickets are issued (For example, foreign currency airfares and airport taxes may

fluctuate and are subject to the rate of exchange on date of ticket issue). Full payment is required

before tickets can be issued.

Rockbourne Investments is not responsible for any increases in prices or changes in any airfare

prices.

3 APPROVED – UPDATED 20240207_CM

If we have knowledge of any potential airfare increases, we will advise you when confirming your

booking.

ERRORS

We reserve the right to correct any errors in fees, charges, rate or prices quoted or billed, even if we

have received full payment from you.

EXCLUSIONS

The price does not include airfares (unless otherwise stated), passport and visa fees, insurance,

laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour guides, motor coach

drivers and local city guides, items of a personal nature, excess baggage, expenses, fees or costs

incurred in case of illness, or of refusal of entry to, detention in, or expulsion or repatriation from a

country or part of a country. We are not liable for any expense, costs or loss incurred in relation to

such matters and you release us from all liability, damages, or responsibility in relation to them.

4. HOW TO BOOK

Please contact one of our Experience Designers who will work with you to arrange an experience

customised to your needs. We will present to you written quotation for the Experiences requested

unless otherwise stated on the Site.

You must ensure names used to make a booking are exactly as appear in passports. Any name/initial

or spelling changes made after booking confirmation may result in supplier-imposed fees and/or you

are unable to travel.

5. QUOTES

All written quotes indicate the price for the Experiences only, they do not, unless specified, indicate

the availability of the Experiences.

A quote if required for Experiences is valid for 7 days from the date the quote is sent to you.

6. PAYMENT

Upon receiving instruction from you that you wish to acquire Experiences, we will, arrange (if

available) the quoted Experiences and provide you with a confirmation of their availability and

pricing. Your instructions will constitute confirmation that you have checked the Experiences being

booked and you have read, understood and agreed to these booking terms and conditions and any

terms and conditions specified in the quote.

4 APPROVED – UPDATED 20240207_CM

You must, pay to us:

(a) a non-refundable deposit when booking the Experience providing you with a confirmation of

the Experiences availability and pricing; and

(b) any amount we notify you when confirming availability and pricing or from time to time in

respect of the Experiences you request, within the time we notify you (i.e. certain Experiences may

require a further payment, up to full payment, to confirm the booking).

Your arrangements will be booked upon our receipt of the deposit or other payment. Only after we

receive the deposit or other payment, and we issue you or your travel agent with a confirmation

invoice is a booking accepted.

The balance of the price of your booking must be paid no later than 30 days before departure date

as listed on the Site (or at any time stated by us). If you fail to make any required payment, we will

assume your booking is cancelled.

A travel agent who makes a booking at your request is your agent and is not our agent for the

purposes of receipt of the deposit or any part of the price.

7. CREDIT CARDS

Any payment by credit card attracts a non-refundable service fee at time of payment, based on the

total cost of the payment. The amount of this service fee will depend on the credit card used and will

be advised at time of payment.

8. AMENDMENTS

If you amend your booking after it has been confirmed you must pay to us:

(a) an administration fee of at least AUD$50, to cover communication and administration costs;

and

(b) any cancellation and/or amendment fees imposed by suppliers such as accommodation

providers and other suppliers.

We will, to the extent possible, advise you of all applicable cancellation and/or amendment fees

when confirming your booking.

9. CANCELLATIONS AND REFUNDS

If you cancel your booking after it has been confirmed, but before you utilise the Experience, you

must pay to us:

5 APPROVED – UPDATED 20240207_CM

(a) our reasonable costs to cancel your booking (to cover communication and administration

costs); and

(b) any cancellation fees imposed by the suppliers of your Experiences (including airlines if

applicable).

Cancellation fees cannot be waived.

If you have paid any amount to us in respect of a booking, we may use it to pay the above costs and

fees. Any difference will be refunded to you. Please note that the earlier you cancel your booking the

lower the cancellation fees are likely to be.

After your travel has commenced, there can be no refund in respect of any Experiences not utilised

whether by choice or because of late arrival or early departure, including failure of a transport to

operate according to schedule. Employees of any supplier are not authorised by us to give any

undertakings in respect of refunds or other matters.

10. LIMITATION OF LIABILITY

We arrange the provision of Experiences which are provided by third party suppliers. We do not

ourselves provide the Experiences you may receive on your holiday.

Suppliers Terms and Conditions

Supply of the Experiences is made, and all itineraries, coupons and exchange orders (collectively

“vouchers”) are issued to you, upon the supplier’s terms and conditions that are then in use,

including as to the applicable laws, requirements and policies of any government authority related

to, among others, visas, entry, exit or transfer requirements. Your acceptance of the vouchers

constitutes those terms and conditions as the entire agreement between you and the relevant

supplier and you bear all costs or losses incurred as a consequence of your failure to comply with

them.

Exclusion of Liability

In the absence of our negligence, we are not liable for any cancellations, diversions, substitution of

equipment, variations, postponements or any other act, omission or default (whether negligent or

otherwise) of any supplier nor are we liable for any loss or damage to baggage or property, injury,

illness or death, or any other loss (including consequential loss) damage or claim whatsoever arising

from the act, error, omission, default or negligence of any person not our direct employee or under

our exclusive control.

We are not responsible for any criminal conduct of any third party.

Where a motor coach seat is fitted with a safety belt, neither we nor any supplier concerned will be

liable for death, injury, or any loss or damage whatsoever you suffer from any accident or incident if 

6 APPROVED – UPDATED 20240207_CM

you are not wearing the safety belt at the time of such accident or incident.

We are not liable for any injury, damage, loss, delay, additional expenses or inconvenience caused

by your acts, omissions or defaults, your state of health, medical condition or circumstances or other

reasons which are beyond our control, including force majeure events or failure of equipment or

machinery.

Warranties

To the extent permitted by law, all express and implied warranties, guarantees, representations or

terms are expressly excluded.

Where the law implies any warranty guarantee or condition which cannot be excluded, our liability

to you for breach thereof is limited to supplying the services again or payment of the cost of having

the services supplied again.

Maximum Liability

Despite any other provision of these terms and conditions, to the extent permitted by law, our

maximum liability to you or any third party is limited to the price you have paid us for the booking.

11. COMPLAINTS

We endeavour to ensure that the arrangements we have made for you are implemented as

arranged. If a problem occurs, the most practical way to deal with it is attempt resolution with the

supplier. If you fail to follow this course, any claim for compensation may be reduced or denied. If

you have any unresolved complaint, details should be lodged in writing (with supporting

documentation, including efforts made with the supplier to resolve it) with your travel agent or

directly with us within 30 days of your holiday concluding.

12. HOTEL DESCRIPTIONS & PHOTOGRAPHS

Hotel and facility descriptions featured on our Site are based on hotel guides and information

provided by suppliers and may change at any time. Pictures utilised may not reflect the exact room,

décor, view, or other specifications.

13. INSURANCE

We highly recommend you purchase travel insurance (covering COVID-19 and/or pandemics) against

forfeiture of payment, loss of deposits, cancellation charges, baggage loss, medical expenses, theft,

and other contingencies. We make no representations as to what you may recover under any

insurance. You agree not to hold us responsible for any decision of insurers, and/or any supplier, or

the requirements of any foreign government, authority, foreign law, or policy.

Some of our Experiences require insurance prior to commencement (the Site).

7 APPROVED – UPDATED 20240207_CM

14. INTERNATIONAL TRAVEL

You are responsible for all immigration, passport, visa, health, quarantine and customs laws,

regulations, orders, demands or other requirements of countries visited or transited. You should

check the requirements of those countries with their embassies or consulates or other authorities.

Official travel advice issued by the Australian Department of Foreign Affairs and Trade is available by

calling (in Australia) 1300 555 135 or visiting their website www.dfat.gov.au. We recommend that

you review this information both prior to making your booking and prior to departure. We strongly

recommend that you also register your upcoming travel plans through

the smarttraveller.gov.au site.

15. UNLICENSED SUPPLIER DISCLAIMER

Climbing Mountains range of products and services have been refined over many years. If you

request Rockbourne Investments T/A Climbing Mountains to arrange Experiences by a person or

company which is not licensed in accordance with any applicable law, we accept no liability (whether

in contract for negligence or otherwise) for any loss or damage suffered by you as a result.

16. PRIVACY

You consent to our, our agents and related entities to collecting, retaining, using, and disclosing your

personal information in accordance with our Privacy Policy. Our Privacy Policy sets out how we

manage your personal information and is available on our website or can be sent to you on request.

Your booking of any Experience constitutes your representation to us that you have read our Privacy

Policy and accept its application to you.

17. OUR WEBSITE

By using the Site to browse any Experience, you represent to us that you have read our User

Agreement posted on the Site and you accept its application to you.

18. LAW AND JURISDICTION

The agreement between us and you in respect of the services to be provided is constituted solely by

these terms and conditions and is governed by the laws of Queensland, Australia. We and you

submit to the exclusive jurisdiction of the Courts of Queensland and the Courts of appeal

therefrom. In any legal action, arbitration, or other proceeding to enforce, interpret or construe the

terms [of this Agreement/and conditions], or concerning any grievance relating to

the [cruise/tour/holiday/booking], the prevailing party shall be entitled to recover its reasonable

legal fees and expenses on a solicitor/client basis.

19. UNDERSTANDING THESE TERMS AND CONDITIONS

8 APPROVED – UPDATED 20240207_CM

If you do not understand any aspect of these terms and conditions, you should seek advice from an

appropriately qualified person.

20. ADDITIONAL INFORMATION, REFUNDS AND OVERVIEW (extract website)

Payment: Full payment for all tours must be received by Climbing Mountains 60 days prior to the tour

departure date. Cancellation: If a customer wishes to cancel their tour, the following fees will apply:

More than 90 days before tour departure: full refund minus a $250 administrative fee, 60-90 days

before tour departure: 50% refund, less than 60 days before tour departure: no refund. Tour

itinerary: Climbing Mountains reserves the right to make changes to the tour itinerary as necessary

due to unforeseen circumstances. Travel insurance: It is strongly recommended (required ensuring

adventure activities are listed) that customers purchase travel insurance to cover any unexpected

events such as trip cancellation, medical emergencies, or lost or stolen

belongings. Responsibility: Climbing Mountains and its employees and contractors are not responsible

for any personal injuries or deaths, or loss of personal property during the tour. Customers are

responsible for their own safety and should follow all safety guidelines Climbing Mountains

provides. Passports and visas: It's the customer's responsibility to obtain and carry a valid passport

and any necessary visas for the duration of the tour. Medical conditions: Customers must

inform Climbing Mountains of any pre-existing medical conditions prior to the tour.