Kapa Kapa Trail Expeditions Terms & Conditions:
Please read carefully these terms and conditions of contract. In completing and submitting the Booking Form, you agree to be bound by these Terms and Conditions which constitute the agreement between Kapa Kapa Trail Expeditions (hereinafter “we”, “us” or “our”) and you, the expedition client. These Terms and Conditions apply to the exclusion of any other terms or conditions unless they are set out in detail here or are otherwise agreed to in writing by the parties. No purported variation of these Terms and Conditions will be effective unless authorised in writing by Kapa Kapa Trail Expeditions.
1. Expression of interest
1.1 To express interest in joining one of the Kapa Kapa Trail expeditions, please contact Kapa Kapa Trail Expeditions on the enquiry form via this website, whereupon we shall contact you for the purpose of discussing your interest, experience and suitability for this expedition.
2. Bookings
2.1 Once Kapa Kapa Trail Expeditions is satisfied as to your experience and suitability to participate in this expedition, we shall send you a Booking Form for your completion. You should then read, understand, sign and return a completed Booking Form and make payment of a deposit in the sum of $500.00 in order to reserve your place on the expedition.
3. Payment
3.1 Payment(s) for expeditions may be made by Electronic Funds Transfer (EFT) at your bank and through Internet Banking using our bank details that shall be provided on the Booking Form.
3.2 Prices are quoted in Australian dollars (unless otherwise specified).
3.3 The expedition price shall be quoted following your expression of interest.
3.3 A deposit of $500.00 is required to be paid at the time of your booking your place on the expedition.
3.4 The full balance of the expedition price is payable to Kapa Kapa Trail Expeditions 90 days prior to the start date of the expedition.
3.5 Should payment of the balance of the expedition price not received by Kapa Kapa Trail Expeditions by 90 days prior to the start date of the expedition, you will be taken as having cancelled the expedition and cancellation charges in accordance with clause 4 shall apply.
3.6 Where Kapa Kapa Trail Expeditions accepts a Booking within 90 days of the expedition start date, full payment of the expedition price is required to be made at the time of the Booking.
4. Cancellations
4.1 If you wish to cancel your expedition, you must notify Kapa Kapa Trail Expeditions in writing. Once Kapa Kapa Trail Expeditions receives your notice, cancellation will take effect subject to the following provisions:
(a) If cancellation takes place 90 or more days prior to the expedition start date, your deposit will be forfeited;
(b) If cancellation takes place between 89 and 60 days prior to the expedition start date, 50% of the expedition price will be forfeited;
(c) If cancellation takes place 59 days or less prior to the expedition start date, 100% of the expedition price will be forfeited.
5. Inclusions
5.1 Included in the expedition price is all pre-expedition information and advice from our experienced Australian expedition leader including information and advice on personal equipment, training, and international flight recommendations; and
5.2 In PNG: vehicular transport from Port Moresby to the start point of the expedition on the Kemp Welch River, boat transport on the lower section of the Kemp Welch River, experienced Australian expedition leader, local guides/escorts and carriers, accommodation on the Kapa Kapa Trail in tents and/or village guest houses, village fees, expedition meals and drinks, Australian doctor available 24/7 for satellite telephone consultation, expedition medical kit, group cooking equipment, vehicular transport from the end of the expedition at the Girua River bridge to Popondetta, return vehicular transport from Popondetta to Buna, guesthouse and meals and drinks at Buna, one way air transfer from Popondetta to Port Moresby, airport transfers in Port Moresby, hotel accommodation in Port Moresby on a twin share basis for one night at the end of the expedition.
6. Exclusions
6.1 Without limitation, the following items are excluded from the expedition price: Personal travel insurance; personal equipment, Visa, passport and vaccination charges; international return flight to Port Moresby; personal satellite telephone calls on the expedition; any extra meals, drinks, transport costs, accommodation costs or other expenses not specified in itinerary; medical expenses & items of a personal nature; emergency evacuation and/or emergency search charges; additional expenses caused by delay, accidents or disruption of planned itineraries; any cost associated with leaving the expedition early including by way of evacuation or otherwise, tips and excess baggage charges; any other cost not specified in the inclusions.
7. Health and Fitness Requirements
7.1 You must be in good health and strong physical condition and are strongly advised to follow our recommended training regime or use certified personal trainers, fitness, medical and nutritional experts to prepare you for the rigors of trekking the Kapa Kapa Trail.
7.2 There are no mandatory vaccinations, however, a course of anti-malarial tablets, preferably Doxycyclone, is strongly recommended and available by prescription. Your tetanus booster should be current.
7.3 This expedition takes place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility.
7.4 If during the expedition, in the opinion of the expedition leader, you are in need of medical assistance and are unable to request it, you consent to us providing you medical treatment and such other arrangements including evacuation as we consider necessary, at your cost.
7.5 Any medicines, surgical, attention or medical treatment furnished by us to you shall be and are accepted at your sole risk, and the expedition operator shall not be responsible for the quality, nature or consequences thereof.
8. Medical disclosure
8.1 You declare and warrant that you are in good health and mentally and physically fit at the time of booking this expedition; you have disclosed to us every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant our to decision to permit you to go on the expedition.
8.2 Immediately upon any adverse change in your health or fitness that may be likely to affect our decision to permit you to go on the expedition, you will notify us in writing of any such adverse change.
8.3 We are permitted to disclose medical information to our consultant doctor in order to ascertain your suitability to participate in this expedition. Our consultant doctor may exclude you from an expedition if he/she deems it necessary and in such circumstances any entitlement to a refund of the expedition fee shall be solely at our discretion.
8.4 You acknowledge that the obligation to disclose under this condition continues from the time of booking the expedition through to departure and extends for the duration of the expedition.
8.5 If you fail to comply with the duty of disclosure in this condition and if we would not have permitted you to undertake the expedition, or continue participation of the expedition, had you made full disclosure under this condition, we will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss incurred by you.
8.6 We do not have any obligation to examine any participant prior to the commencement of the expedition for any purpose and we rely entirely on your obligation of disclosure herein referred to.
9. Baggage and personal property
9.1 We shall not be held responsible for any loss, damage or theft of any item of yours however so caused whilst in Papua New Guinea. You are strongly advised to obtain adequate insurance to cover your baggage and personal effects from theft, loss, damage and delays and to familiarise yourself with the applicable provisions and exclusions of any such insurance policy.
10. Conduct
10.1 The expedition leader may, for any reason and in his absolute discretion, decide that you should not commence or continue the expedition, and should he make that decision such decision shall be final and there shall be no entitlement to a refund. Such reasons shall include, but are not limited to you committing an illegal act, or your behaviour causing or likely to cause danger, distress or annoyance to others, or your fitness or health or progress is inadequate.
11. Cancellation due to Expedition Booking Numbers
11.1 We reserve the right to cancel any expedition prior to departure in the event that there are too few people booked on an expedition in which case you will be given a full refund of the expedition price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
12. Route and other Changes, Postponement, Cancellation or Delay
12.1 We reserve the right to:
(a) Change the date of departure or conclusion of the expedition, or modify any aspect of the expedition, or
(b) Cancel or modify any routes within the expedition or objectives set out in the itinerary, or
(c) Substitute different or equivalent routes within the expedition in place of cancelled or modified routes, or
(d) Postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the expedition);
For any such aspect of the expedition if, in our absolute discretion, it is necessary to do so due to inclement weather, tsunami, cyclone, volcanic activity, severe wind, severe tropical thunderstorm conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political (including tribal conflict) or military or terrorist or medical or otherwise or if, in the absolute discretion of Kapa Kapa Trail Expeditions, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the expedition or the aspect of the expedition being undertaken in accordance with your booking or for any other reason considered necessary by Kapa Kapa Trail Expeditions.
12.2 In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the expedition price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.
12.3 We reserve the absolute discretion to cancel any expedition due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 4 applies as if you had cancelled the expedition as at the date that Kapa Kapa Trail Expeditions cancelled the expedition due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances.
12.4 We reserve the right to change, at any time, the nominated expedition leader of the expedition. In such an event, we will try to ensure that the alternative expedition guide has expertise commensurate with that of the nominated expedition guide. Any such change by us will not give rise to any right on your part to cancel the expedition or claim any expenses, loss or damage which may be suffered.
13. Itineraries, brochures and other correspondence
13.1 Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by us. The information contained in Kapa Kapa Trail Expeditions' brochures, itineraries, and webpage is, to the best of our belief, correct at the date of publishing.
14. Insurance
14.1 Personal travel insurance is not included in the expedition price.
14.2 It is a condition of booking an expedition with us, and your responsibility to ensure that you are adequately insured for the full duration of the expedition in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment.
14.3 You must provide evidence to Kapa Kapa Trail Expeditions that you have obtained adequate personal travel insurance at least 30 days before the start of the expedition.
15. Travel Documents
15.1 It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of Papua New Guinea and any other destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information. It is recommended that your passport is valid for six months beyond the date of your return home to your home country.
15.2 Due to uncertainty regarding the PNG ‘Visa on Arrival’ process, you are strongly recommended to obtain your PNG visa in advance.
16. Airlines and other transport providers
16.1 Any material published by Kapa Kapa Trail Expeditions, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the expedition. In the event that an airline's proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the expedition by Kapa Kapa Trail Expeditions. Any flights or other transport forming part of the expedition arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines' or other transport entity's liability to passengers in accordance with applicable international law and conventions. .
17. Expedition Prices
17.1 Expedition prices are based on exchange rates and assumptions made at the time of promulgation of these Terms and Conditions. Kapa Kapa Trail Expeditions tries its utmost not to increase expedition prices (in full or part), however sometimes increases are outside its control. We reserve the right to amend expedition prices (or any part) without notice at any time before and including the departure date. Any increase in expedition prices must be paid prior to the expedition start date.
18. Force Majeure
18.1 If Kapa Kapa Trail Expeditions is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war (including tribal war or tribal dispute) or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Kapa Kapa Trail Expeditions’ reasonable control, we will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the expedition or take any other action as specified in condition 12.
19. Assumption of Risk
19.1 You acknowledge that:
(a) By the very nature of adventure trekking and expeditions, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death; and
(b) In Papua New Guinea generally and in particular on the Kapa Kapa Trail and in the townships of Popondetta and Buna, where adventure travel is undertaken, standards of accommodation, transport, road and air safety, health care, hygiene, safety and service provision generally are often not as high as those standards in a developed country such as Australia and may require a greater acceptance of risk, flexibility and patience on your part; and
(c) Operational control of the expedition may at times be in the hands of a third party, such as an airline or vehicle transport, and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Kapa Kapa Trail Expeditions; and
(d) The additional dangers and risks associated with adventure travel in PNG may include but are not limited to difficult and dangerous terrain; high altitude in the vicinity of the Ghost Mountain; insect and snake bite risk including mosquito borne diseases such as Malaria, gastro-intestinal infections, strong sun and associated heat risks, slips and falls on muddy trails, high water levels in creeks and streams that are required to be waded through, extremes of weather, including sudden and unexpected changes such as storms, lightening and cyclones; floods, earthquakes, landslides, volcanic activity, political instability including village uprising; remoteness from normal medical services and from communications in the event of illness or injury; robbery, acts of violence and theft; and evacuation difficulties; and
(e) The enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure expedition, and
(f) You have submitted your booking for the expedition after giving due consideration of the above and relevant travel information including, without limitation, any relevant information or advice given by the government of Australia and it is your responsibility to acquaint yourself with that information or advice; and
(g) That, for the above reasons you therefore must accept the inherent and increased dangers and risks associated with the proposed adventure expedition and the accompanying risk of injury, death or property damage or loss.
20. Disclaimer
20.1 You accept that:
(a) Kapa Kapa Trail Expeditions acts as a professional trek and expedition operator and accepts no liability for the acts or omissions of those third-party expedition operators and providers of goods and services in Australia and Papua New Guinea; and
(b) Kapa Kapa Trail Expeditions will not be liable for any breach of any law by any person with whom you travel on the expedition; and
(c) You may not rely on any representations concerning the expedition made by Kapa Kapa Trail Expeditions which are not contained in these Terms and Conditions.
21. Release and Waiver of Liability
21.1 In consideration of Kapa Kapa Trail Expeditions accepting your Booking application and in consideration of you being permitted by Kapa Kapa Trail Expeditions to join the expedition to the extent permitted by law:
(a) You release, waive, discharge, hold harmless and agree to indemnify Kapa Kapa Trail Expeditions and its officers, employees, agents, guides and other representatives in which the expedition is conducted (each of whom are collectively referred to as “Kapa Kapa Trail Expeditions and its employees”) from all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, loss profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the expedition or any activities conducted in conjunction there within to the extent permissible at law; and
(b) Regardless of the situation or circumstances giving rise to the claim you waive any claims you have, or may at any time have, against Kapa Kapa Trail Expeditions and its employees and you agree, by accepting the additional inherent dangers and risks associated with the expedition, not to make any claim against or seek any compensation from Kapa Kapa Trail Expeditions and its employees in respect of any personal injury, illness or death suffered by you or damage to or loss of property sustained by you as a result of your participation in the expedition.
22. Miscellaneous
22.1 A party will not be deemed to have waived any of its rights or remedies under these Terms and Conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
22.2 If any part of a Terms and Condition is illegal, unenforceable or invalid, it is to be treated as removed from the Terms and Conditions, however, the remainder of the Terms and Conditions are not altered.
22.3 This contract is between us and you. It cannot be sold, assigned or transferred to any other person by you without prior express written consent of us.
22.4 No oral changes, no additions, variations or waiver or any of the contract can be effected unless it is expressed in writing and signed by us.
.
Please read carefully these terms and conditions of contract. In completing and submitting the Booking Form, you agree to be bound by these Terms and Conditions which constitute the agreement between Kapa Kapa Trail Expeditions (hereinafter “we”, “us” or “our”) and you, the expedition client. These Terms and Conditions apply to the exclusion of any other terms or conditions unless they are set out in detail here or are otherwise agreed to in writing by the parties. No purported variation of these Terms and Conditions will be effective unless authorised in writing by Kapa Kapa Trail Expeditions.
1. Expression of interest
1.1 To express interest in joining one of the Kapa Kapa Trail expeditions, please contact Kapa Kapa Trail Expeditions on the enquiry form via this website, whereupon we shall contact you for the purpose of discussing your interest, experience and suitability for this expedition.
2. Bookings
2.1 Once Kapa Kapa Trail Expeditions is satisfied as to your experience and suitability to participate in this expedition, we shall send you a Booking Form for your completion. You should then read, understand, sign and return a completed Booking Form and make payment of a deposit in the sum of $500.00 in order to reserve your place on the expedition.
3. Payment
3.1 Payment(s) for expeditions may be made by Electronic Funds Transfer (EFT) at your bank and through Internet Banking using our bank details that shall be provided on the Booking Form.
3.2 Prices are quoted in Australian dollars (unless otherwise specified).
3.3 The expedition price shall be quoted following your expression of interest.
3.3 A deposit of $500.00 is required to be paid at the time of your booking your place on the expedition.
3.4 The full balance of the expedition price is payable to Kapa Kapa Trail Expeditions 90 days prior to the start date of the expedition.
3.5 Should payment of the balance of the expedition price not received by Kapa Kapa Trail Expeditions by 90 days prior to the start date of the expedition, you will be taken as having cancelled the expedition and cancellation charges in accordance with clause 4 shall apply.
3.6 Where Kapa Kapa Trail Expeditions accepts a Booking within 90 days of the expedition start date, full payment of the expedition price is required to be made at the time of the Booking.
4. Cancellations
4.1 If you wish to cancel your expedition, you must notify Kapa Kapa Trail Expeditions in writing. Once Kapa Kapa Trail Expeditions receives your notice, cancellation will take effect subject to the following provisions:
(a) If cancellation takes place 90 or more days prior to the expedition start date, your deposit will be forfeited;
(b) If cancellation takes place between 89 and 60 days prior to the expedition start date, 50% of the expedition price will be forfeited;
(c) If cancellation takes place 59 days or less prior to the expedition start date, 100% of the expedition price will be forfeited.
5. Inclusions
5.1 Included in the expedition price is all pre-expedition information and advice from our experienced Australian expedition leader including information and advice on personal equipment, training, and international flight recommendations; and
5.2 In PNG: vehicular transport from Port Moresby to the start point of the expedition on the Kemp Welch River, boat transport on the lower section of the Kemp Welch River, experienced Australian expedition leader, local guides/escorts and carriers, accommodation on the Kapa Kapa Trail in tents and/or village guest houses, village fees, expedition meals and drinks, Australian doctor available 24/7 for satellite telephone consultation, expedition medical kit, group cooking equipment, vehicular transport from the end of the expedition at the Girua River bridge to Popondetta, return vehicular transport from Popondetta to Buna, guesthouse and meals and drinks at Buna, one way air transfer from Popondetta to Port Moresby, airport transfers in Port Moresby, hotel accommodation in Port Moresby on a twin share basis for one night at the end of the expedition.
6. Exclusions
6.1 Without limitation, the following items are excluded from the expedition price: Personal travel insurance; personal equipment, Visa, passport and vaccination charges; international return flight to Port Moresby; personal satellite telephone calls on the expedition; any extra meals, drinks, transport costs, accommodation costs or other expenses not specified in itinerary; medical expenses & items of a personal nature; emergency evacuation and/or emergency search charges; additional expenses caused by delay, accidents or disruption of planned itineraries; any cost associated with leaving the expedition early including by way of evacuation or otherwise, tips and excess baggage charges; any other cost not specified in the inclusions.
7. Health and Fitness Requirements
7.1 You must be in good health and strong physical condition and are strongly advised to follow our recommended training regime or use certified personal trainers, fitness, medical and nutritional experts to prepare you for the rigors of trekking the Kapa Kapa Trail.
7.2 There are no mandatory vaccinations, however, a course of anti-malarial tablets, preferably Doxycyclone, is strongly recommended and available by prescription. Your tetanus booster should be current.
7.3 This expedition takes place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility.
7.4 If during the expedition, in the opinion of the expedition leader, you are in need of medical assistance and are unable to request it, you consent to us providing you medical treatment and such other arrangements including evacuation as we consider necessary, at your cost.
7.5 Any medicines, surgical, attention or medical treatment furnished by us to you shall be and are accepted at your sole risk, and the expedition operator shall not be responsible for the quality, nature or consequences thereof.
8. Medical disclosure
8.1 You declare and warrant that you are in good health and mentally and physically fit at the time of booking this expedition; you have disclosed to us every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant our to decision to permit you to go on the expedition.
8.2 Immediately upon any adverse change in your health or fitness that may be likely to affect our decision to permit you to go on the expedition, you will notify us in writing of any such adverse change.
8.3 We are permitted to disclose medical information to our consultant doctor in order to ascertain your suitability to participate in this expedition. Our consultant doctor may exclude you from an expedition if he/she deems it necessary and in such circumstances any entitlement to a refund of the expedition fee shall be solely at our discretion.
8.4 You acknowledge that the obligation to disclose under this condition continues from the time of booking the expedition through to departure and extends for the duration of the expedition.
8.5 If you fail to comply with the duty of disclosure in this condition and if we would not have permitted you to undertake the expedition, or continue participation of the expedition, had you made full disclosure under this condition, we will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss incurred by you.
8.6 We do not have any obligation to examine any participant prior to the commencement of the expedition for any purpose and we rely entirely on your obligation of disclosure herein referred to.
9. Baggage and personal property
9.1 We shall not be held responsible for any loss, damage or theft of any item of yours however so caused whilst in Papua New Guinea. You are strongly advised to obtain adequate insurance to cover your baggage and personal effects from theft, loss, damage and delays and to familiarise yourself with the applicable provisions and exclusions of any such insurance policy.
10. Conduct
10.1 The expedition leader may, for any reason and in his absolute discretion, decide that you should not commence or continue the expedition, and should he make that decision such decision shall be final and there shall be no entitlement to a refund. Such reasons shall include, but are not limited to you committing an illegal act, or your behaviour causing or likely to cause danger, distress or annoyance to others, or your fitness or health or progress is inadequate.
11. Cancellation due to Expedition Booking Numbers
11.1 We reserve the right to cancel any expedition prior to departure in the event that there are too few people booked on an expedition in which case you will be given a full refund of the expedition price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
12. Route and other Changes, Postponement, Cancellation or Delay
12.1 We reserve the right to:
(a) Change the date of departure or conclusion of the expedition, or modify any aspect of the expedition, or
(b) Cancel or modify any routes within the expedition or objectives set out in the itinerary, or
(c) Substitute different or equivalent routes within the expedition in place of cancelled or modified routes, or
(d) Postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the expedition);
For any such aspect of the expedition if, in our absolute discretion, it is necessary to do so due to inclement weather, tsunami, cyclone, volcanic activity, severe wind, severe tropical thunderstorm conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political (including tribal conflict) or military or terrorist or medical or otherwise or if, in the absolute discretion of Kapa Kapa Trail Expeditions, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the expedition or the aspect of the expedition being undertaken in accordance with your booking or for any other reason considered necessary by Kapa Kapa Trail Expeditions.
12.2 In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the expedition price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.
12.3 We reserve the absolute discretion to cancel any expedition due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 4 applies as if you had cancelled the expedition as at the date that Kapa Kapa Trail Expeditions cancelled the expedition due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances.
12.4 We reserve the right to change, at any time, the nominated expedition leader of the expedition. In such an event, we will try to ensure that the alternative expedition guide has expertise commensurate with that of the nominated expedition guide. Any such change by us will not give rise to any right on your part to cancel the expedition or claim any expenses, loss or damage which may be suffered.
13. Itineraries, brochures and other correspondence
13.1 Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by us. The information contained in Kapa Kapa Trail Expeditions' brochures, itineraries, and webpage is, to the best of our belief, correct at the date of publishing.
14. Insurance
14.1 Personal travel insurance is not included in the expedition price.
14.2 It is a condition of booking an expedition with us, and your responsibility to ensure that you are adequately insured for the full duration of the expedition in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment.
14.3 You must provide evidence to Kapa Kapa Trail Expeditions that you have obtained adequate personal travel insurance at least 30 days before the start of the expedition.
15. Travel Documents
15.1 It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of Papua New Guinea and any other destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information. It is recommended that your passport is valid for six months beyond the date of your return home to your home country.
15.2 Due to uncertainty regarding the PNG ‘Visa on Arrival’ process, you are strongly recommended to obtain your PNG visa in advance.
16. Airlines and other transport providers
16.1 Any material published by Kapa Kapa Trail Expeditions, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the expedition. In the event that an airline's proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the expedition by Kapa Kapa Trail Expeditions. Any flights or other transport forming part of the expedition arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines' or other transport entity's liability to passengers in accordance with applicable international law and conventions. .
17. Expedition Prices
17.1 Expedition prices are based on exchange rates and assumptions made at the time of promulgation of these Terms and Conditions. Kapa Kapa Trail Expeditions tries its utmost not to increase expedition prices (in full or part), however sometimes increases are outside its control. We reserve the right to amend expedition prices (or any part) without notice at any time before and including the departure date. Any increase in expedition prices must be paid prior to the expedition start date.
18. Force Majeure
18.1 If Kapa Kapa Trail Expeditions is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war (including tribal war or tribal dispute) or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Kapa Kapa Trail Expeditions’ reasonable control, we will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the expedition or take any other action as specified in condition 12.
19. Assumption of Risk
19.1 You acknowledge that:
(a) By the very nature of adventure trekking and expeditions, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death; and
(b) In Papua New Guinea generally and in particular on the Kapa Kapa Trail and in the townships of Popondetta and Buna, where adventure travel is undertaken, standards of accommodation, transport, road and air safety, health care, hygiene, safety and service provision generally are often not as high as those standards in a developed country such as Australia and may require a greater acceptance of risk, flexibility and patience on your part; and
(c) Operational control of the expedition may at times be in the hands of a third party, such as an airline or vehicle transport, and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Kapa Kapa Trail Expeditions; and
(d) The additional dangers and risks associated with adventure travel in PNG may include but are not limited to difficult and dangerous terrain; high altitude in the vicinity of the Ghost Mountain; insect and snake bite risk including mosquito borne diseases such as Malaria, gastro-intestinal infections, strong sun and associated heat risks, slips and falls on muddy trails, high water levels in creeks and streams that are required to be waded through, extremes of weather, including sudden and unexpected changes such as storms, lightening and cyclones; floods, earthquakes, landslides, volcanic activity, political instability including village uprising; remoteness from normal medical services and from communications in the event of illness or injury; robbery, acts of violence and theft; and evacuation difficulties; and
(e) The enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure expedition, and
(f) You have submitted your booking for the expedition after giving due consideration of the above and relevant travel information including, without limitation, any relevant information or advice given by the government of Australia and it is your responsibility to acquaint yourself with that information or advice; and
(g) That, for the above reasons you therefore must accept the inherent and increased dangers and risks associated with the proposed adventure expedition and the accompanying risk of injury, death or property damage or loss.
20. Disclaimer
20.1 You accept that:
(a) Kapa Kapa Trail Expeditions acts as a professional trek and expedition operator and accepts no liability for the acts or omissions of those third-party expedition operators and providers of goods and services in Australia and Papua New Guinea; and
(b) Kapa Kapa Trail Expeditions will not be liable for any breach of any law by any person with whom you travel on the expedition; and
(c) You may not rely on any representations concerning the expedition made by Kapa Kapa Trail Expeditions which are not contained in these Terms and Conditions.
21. Release and Waiver of Liability
21.1 In consideration of Kapa Kapa Trail Expeditions accepting your Booking application and in consideration of you being permitted by Kapa Kapa Trail Expeditions to join the expedition to the extent permitted by law:
(a) You release, waive, discharge, hold harmless and agree to indemnify Kapa Kapa Trail Expeditions and its officers, employees, agents, guides and other representatives in which the expedition is conducted (each of whom are collectively referred to as “Kapa Kapa Trail Expeditions and its employees”) from all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, loss profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the expedition or any activities conducted in conjunction there within to the extent permissible at law; and
(b) Regardless of the situation or circumstances giving rise to the claim you waive any claims you have, or may at any time have, against Kapa Kapa Trail Expeditions and its employees and you agree, by accepting the additional inherent dangers and risks associated with the expedition, not to make any claim against or seek any compensation from Kapa Kapa Trail Expeditions and its employees in respect of any personal injury, illness or death suffered by you or damage to or loss of property sustained by you as a result of your participation in the expedition.
22. Miscellaneous
22.1 A party will not be deemed to have waived any of its rights or remedies under these Terms and Conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
22.2 If any part of a Terms and Condition is illegal, unenforceable or invalid, it is to be treated as removed from the Terms and Conditions, however, the remainder of the Terms and Conditions are not altered.
22.3 This contract is between us and you. It cannot be sold, assigned or transferred to any other person by you without prior express written consent of us.
22.4 No oral changes, no additions, variations or waiver or any of the contract can be effected unless it is expressed in writing and signed by us.
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