Version 6/10/2023
The Travel Place Pty Ltd trading as Back Track Adventures (ABN 89 648 174 396) act as travel agents and tour operators contracting some services from other tour operators, travel agents, airlines, and hotels (herein referred to as ‘Service Providers’).
The following pages affect your legal rights and obligations. Please read these carefully and only sign if you fully understand their contents.
This Indemnity & Release must be read in conjunction with Back Track Adventures’ Terms and Conditions.
By signing the Indemnity and Release, I acknowledge that I have read and understood all the information and documentation (including the risks associated with the Journey).
I acknowledge that I have read and understood all the information (or documentation) detailed in the Confirmation Pack, provided after receipt of my booking form and deposit.
- Travel Insurance
It is a condition of booking that you arrange comprehensive travel insurance with emergency
evacuation cover for the duration of your tour prior to travel. You can use your own provider or ask our consultants for a quote. In all cases you should check all details carefully and consider the relevant product description statement to determine what policy is right for you. We strongly recommend that the policy covers personal liability, cancellation and curtailment and loss of luggage/personal effects. If travel insurance cover cannot be obtained for a medical condition, or any reason, you must advise us immediately.
- Evacuation
In the unlikely event that you are evacuated from the trip for any reason, all costs associated with the evacuation are at your expense. Costs include, but are not limited to, evacuation costs by helicopter or fixed-wing aircraft, medical expenses, doctors’ fees, additional accommodation, and transport. From the moment you leave the trip itinerary, any meals, accommodation, or services provided at the evacuation point are at your expense. No refunds are given for unused services.
- Your Health and Fitness
Most tours require a moderate to high level of fitness and a degree of mental stamina. Being physically and mentally prepared is paramount to the experience and to yours and the group’s safety. You must check with your general practitioner (‘GP’) and ensure your health is sound, and you are able to undertake a rigorous training program if necessary. Due to the physical activity involved with our journeys, all guests 69 years of age or over at the time of the journey will require medical clearance from a health professional.
Consult your GP before your Journey if you have any pre-existing medical conditions which may affect you whilst on your Journey. Please advise us on the Medical Questionnaire of any medications you are taking, medical conditions (including, but not limited to, allergies) and any previous injuries or operations you may have or had. It is vital that you inform us of any medical conditions that may affect you during your time with us. We need to know so that we can ensure maximum safety, comfort and enjoyment on your Journey. If you are taking any medication, please ensure you bring adequate supplies for the duration of the tour.
On receipt of your completed Medical Questionnaire, some clients, in particular those with pre-existing medical conditions, may be asked to obtain a clearance from their GP as to their ability to complete the Journey. We reserve the right, at our discretion, to cancel any booking and refund any monies paid.
- Accepting Inherent Risks and Dangers
You understand and accept that your proposed Journey may expose you to activities that have high and inherent risks and dangers, including (but not limited to):
- Physical, bodily or psychological injury or death.
- Cause of injury to other persons and/or other persons causing injury to you.
- Injury or death due to the negligence, breach of contract or breach of statutory duty, or guarantee of Back Track Adventures.
You acknowledge the activities are being undertaken for the purposes of recreation, enjoyment, or leisure and involve a significant degree of risk of physical harm.
You acknowledge that the Journey may be undertaken with one or more other persons as part of a group and that Back Track Adventures is not liable for the actions of other participants in the group activity.
Some of our Journeys are undertaken in remote areas where outside assistance (including medical aid) may be delayed or unavailable if an unforeseen event occurs. An unforeseen event may be due to medical, weather, or political situations and may affect you, other members of the group, or your Back Track escort/s. You acknowledge and accept that a medical emergency in a remote area may be life threatening and by booking your selected Journey, you accept these potential adverse, unfavourable and potentially life-threatening conditions as your choice. Accordingly, you understand that there are inherent dangers and risks, including risk of injury or death.
You agree that Back Track staff have answered, in a forthright manner, all questions you may have asked regarding all aspects of the Journey you have booked, in particular, questions regarding health, fitness, physical and mental challenges and risks.
- Exclusion of liability
You further acknowledge and agree that due to the nature of the activities, it would be unreasonable for Back Track Adventures to be in any way responsible for any injury to or death of yourself. You hereby, to the full extent permitted by law, waive all of your legal rights of action against us and fully release and hold us harmless from any claim, demand or liability for any loss, damage, expense or injury (including death) howsoever arising out of or in relation to your participation in the activities conducted or organised by us, including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of us, our office holders, employees, agents or contractors.
You further acknowledge and agree that you undertake the activities freely, voluntarily, and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in the activities. This waiver shall bind you and your heirs, assigns, executors and/administrators and legal representatives.
In the event of your choosing to leave a trip at any time due to circumstances beyond/outside Back Track Adventures’ control, you will not be entitled to a refund of any trip costs. In order to preserve your own and other’s safety, if you do not comply with the booking conditions, act in a way that neglects group safety or willfully damages the environment or cultural sites, you may be asked to leave the Journey or refused entry to the Journey at your own expense.
Back Track Adventures will always act with due care and skill. Where Back Track Adventures utilise Service Providers, Back Track Adventures is not responsible for the acts and omissions of these Service Providers, including tour guides, for any loss, damage, or expense, including loss of money paid in advance which you may incur because of the acts, omissions, and negligence of said Service Providers.
- Authority on Tour
Some Back Track Journeys are escorted by a Back Track Group Leader and local crew, while some are escorted by a Back Track Host and led by a local operator’s Group Leader. During the Journey, the decision of the Group Leader is final on all matters likely to affect the safety and/or well-being of any traveller or crew member participating in the trip. You agree to abide by any of the Group Leader’s rules, and any direction or instruction given to you by Back Track Adventures during the course of the Journey.
If you fail to comply with a decision made by a Group Leader or interfere with the well-being or mobility of the group, the Group Leader may direct you to leave the trip immediately with no right of refund. This may also affect your ability to book future Back Track Journeys. You must at all times comply with the laws, customs, immigration, foreign exchange and drug regulations of all countries visited.
