Walk Terms and Conditions

you must scroll all the way to the bottom to complete the form. you cannot depart without completing these terms and conditions.

Last updated November 2018

The following terms and conditions are for participating in a Walk on kunanyi tour. These conditions help build a mutual understanding of our obligations to you as an operator providing walks, and your obligations to us as a guest on one of our walks. This step assists us to ensure an enjoyable and trouble-free walk for all involved.

As part of our duty of care these recommendations are made in the interests of giving you the best chance to have the most enjoyable experience possible.

All of our walks take place in a very special wilderness setting of Wellington Park and some include aboriginal cultural experiences. We are at the mercy of nature in all her beauty and all her fury. We will under no circumstance knowingly place the health and well-being of our guests and guides at risk.

Wellington Park is one of the largest areas of reserved land outside of the Tasmanian World Heritage Area and has unique natural and cultural qualities. Therefore, environmental responsibilities are taken very seriously. Prior to departure, you will be briefed about such responsibilities however, prior knowledge and awareness is extremely helpful. A good reference on such matters is the Wellington Park Management Trust web site www.wellingtonpark.org.au. 

the important definitions

Appropriate footwear means:
(a) In respect of an easy walk supportive walking shoes with firm treaded soles.
(b) In respect of a moderate walk supportive walking shoes with firm treaded soles.
(c) In respect of a hard walk lace up walking boots which have ankle support and firm treaded soles. Walking shoes are not acceptable.
(d) Dress shoes, high heels,casual sandals or similar footwear are not appropriate footwear.

Essential personal gear means equipment carried by each guest as a requirement to participate on a walk. This includes a raincoat, drink bottle, appropriate footwear, at least one warm layer and any personal required medication.

Good health and fitness means that there are no known ailments or pre-existing medical conditions likely to prevent the guest from completing the walk.

1. definitions and interpretation

Agreement refers to this document, entitled Walk Terms and Conditions.

Appropriate footwear means:
(a) In respect of an easy walk supportive walking shoes with firm treaded soles.
(b) In respect of a moderate walk supportive walking shoes with firm treaded soles.
(c) In respect of a hard walk lace up walking boots which have ankle support and firm treaded soles. Walking shoes are not acceptable.
(d) Dress shoes, high heels, casual sandals or similar footwear are not appropriate footwear.

Booking means making a reservation to undertake one of our walks.

Booking form means the any form recording the details of the guest and the walk chosen by the guest.

Claim means any notice, demand, debt, account, action, expense, cost, lien, liability proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.

Departure means the time and place upon which your walk takes begins.

Dollars and $ means the lawful currency of the Commonwealth of Australia at the time of booking.

Essential personal gear means equipment carried by each guest as a requirement to participate on a walk. This includes a raincoat, drink bottle, appropriate footwear, at least one warm layer and any personal required medication.

Good health and fitness means that there are no known ailments or pre-existing medical conditions likely to prevent the guest from completing the walk.

Guest means person who has a booking and signed the agreement. This includes any minor children under their supervision for the duration of the walk and/or those for which they are legal guardians.

Guide means the walk leader.

Indemnity means the form of indemnity in these terms and conditions.

Terms and conditions means this agreement.

TPA means Trade Practices Act 1974 (Cth).

Waiver means an act or instance of waiving a right or claim.

Walk(s) means a tour guided by WOK which includes physical activity, guided interpretation of the area including aboriginal cultural experiences and transportation. WOK walks are graded in line with the Wellington Park Management Trust difficulties as follows:
Hard walk means sections of the track require walkers to be relatively fit, experienced and have appropriate walking equipment.
Moderate walk means some sections may be demanding for people with limited fitness, experience or without appropriate walking equipment e.g. some climbing but not overly steep or sustained.
Easy walk means unlikely to cause difficulties for inexperienced walkers e.g. no steep grades requiring climbing.
And cover the following durations:
Full day walk means a walk that lasts approximately 6 to 10 hours.
Half day walk means a walk that lasts approximately 3 to 6 hours.
Short walk means a walk that lasts approximately 1 to 3 hours.

Walk fee means the total amount of purchase in dollars.

Walk on kunanyi (WOK) means Walk on kunanyi, Australian Business Number (ABN) 19825808254 and abbreviated as WOK.

We, us, our is, where the context permits, a reference to WOK.

Website means the domain attached to WOK.

You, your is, where the context permits, a reference to the guest.

2. agreement to provide services

(a) WOK will provide walks only to guests.

obligations

3. guest obligations

3.1 The guest must:
(a) Arrive for departure with appropriate footwear
(b) Have essential personal gear
(c) Comply with the reasonable direction of WOK, including:
(i) environmental and cultural heritage impacts; and
(ii) health and safety practices.
(d) Advise WOK of any pre-existing medical or dietary conditions prior to departure, and, if asked to do so, provide WOK with a doctor’s certificate that is no more than 12 months old at the date of departure and/or complete a confidential medical questionnaire;
(e) If over 72 years of age, and wish to undertake a hard walk or moderate walk, supply a doctor’s certificate stating that you are of good health and fitness;
(f) In good health and fitness and prepared for the guest’s chosen walk. Some training and preparation work is recommended prior to departure. The more physically prepared you are, the more enjoyable your walk will be. Contact us for more information about health and fitness requirements and walk preparation.
(g) Let the guide know during a walk if your physical condition changes such that you feel physically unwell.
(h) Be aware that there may be aboriginal cultural experiences which may involve physical contact, personal communication and other ceremonial activities. It is the obligation of the guest to let the guide know if they do not want to participate at any time before or during the ceremony.

It is also recommended that a guest have appropriate travel insurance.

3.2 Guest’s warranties
The guest warrants that all information provided to WOK in respect of the guest’s circumstances, age, pre-existing medical and dietary conditions are true, correct and complete in every respect.

3.3 Failure to comply with guest obligations

If the guest fails to comply with their obligations as set out in paragraphs 3.1(a)-3.1(e) and subclause 3.2, the guest will not be permitted to undertake the walk

3.4 No refunds will be given if the guest :
(a) Does not have appropriate footwear;
(b) Does not have essential personal gear;
(c) Voluntarily leaves the walk after departure;
(d) Is requested to leave the walk by the guide due to health, fitness or other reasons that put the safety of the group at risk;
(e) Fails to comply with directions from the guide;
(f) Leaves the walk after departure for reasons of bereavement, injury or illness.

4. wok obligations

4.1 WOK will:
(a) Under no circumstance knowingly place the health, safety and well-being of guests and guides at risk.
(b) Perform the walks in a professional manner using reasonable skill, care and diligence and at the standard that could reasonably be expected of WOK given our guides’ expertise and level of experience.

if something goes wrong

5. evacuations

9.1 When evacuations are necessary
(a) In rare circumstances, due to injury, unforeseen illness, inclement weather or by direction from a guide due to inability for guest to continue on a walk, WOK may need to evacuate the guest from a walk.
(b) Evacuation may be on foot (where the guest is physically capable) or by vehicle or helicopter. Helicopter evacuations are expensive and in most cases will be at a cost to the guest.
9.2 Helicopter evacuation
(a) Tasmania Search and Rescue Service; this is a Government funded service at no cost to the evacuee. Search and Rescue would only be used in cases where the condition is deemed to be potentially life threatening.
(b) Commercially Operated Helicopter Services; used where the ailment is not life threatening but the guest is unable to walk out unassisted. Sprains, broken limbs, severe fatigue or unexpected illness are usually associated with such evacuations. The cost of such an evacuation varies from approximately ~$2,000 up to ~$6,000.
(c) In addition to helicopter costs, any associated staff wages and ground transportation costs will be borne by the guest.
(d) For Australian residents, under the Australian Government Medicare Act, it is prohibited for any domestic travel insurance product to provide any financial reimbursement with regard to ambulance or air ambulance services. We therefore strongly advise our guests to take specific ambulance cover through their health insurance provider.
(e) It is also strongly recommended that our guests take out travel insurance to cover (amongst other things) the costs associated with evacuation.

6. travel insurance

(a) We recommend travel insurance in the strongest possible terms.
(b) When selecting a travel insurance product, please ensure that it provides cover against personal accidents or injury, medical expenses, emergency repatriation and personal liability, cancellation for any reason including bereavement, delayed flights, lost luggage and personal effects.

7. Exclusion of liability

(a) You acknowledge that WOK is supplying you with a walk.
(b) You acknowledge that walking in a wilderness area such as Wellington Park is potentially a dangerous undertaking and you are undertaking such an activity at your own risk.
(c) You acknowledge and agree that you will undertake the walk freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in the walk.
(d) You hereby to the full extent permitted by law waive all of your legal rights of action against and fully release WOK from all liability arising from or connected with your death or personal injury howsoever arising out of or in relation to the participation by you in the walk including without limitation, liability for a negligent or tortuous act or omission, breach of duty, breach of agreement, breach of statutory duty on the part of WOK, its officers, directors, employees, agents or consultants.
(e) This waiver shall bind you and your legal personal representatives.

8. limitation of liability

12. LIMITATION OF LIABILITY
(a) Although WOK will take all care in providing the walks, it accepts no liability to the fullest extent of the law regarding:
(i) any consequential loss, damage or injury, however it may arise;
(ii) any punitive, additional or exemplary damages.
(b) WOK does not exclude or limit the application of any provision of any statute (including TPA) where to do so would:
(i) contravene that statute; or
(ii) cause any part of this agreement to be void.
(c) WOK’s liability to you for any breach of any express or implied provision of these terms and conditions is limited, at WOK’s option, to:
(i) refund the price of the goods or services in respect of which the breach occurred; or
(ii) provide, replace or repair those goods or provide another comparative walk again.
(d) Indemnifies WOK, its servants and agents or any of them from and against all claims costs, actions, demands and liability whatsoever and howsoever arising from or in any way connected with the walk (including any transportation to or from the area in which the walk is to take place) including such costs, claims, actions, demands or statutory duty or otherwise on the part of WOK, or any of its servants or agents, and including any liability in respect of or related to your death, personal injury or loss of or damage to any property owned or possessed by you, but excluding any liability in respect of which the Motor Accidents Insurance Board is bound to indemnify WOK, its servants and agents pursuant to the Motor Accidents (liabilities and compensation) Act 1973 of Tasmania.

9. survival and merger

(a) No term merges on completion of any transaction contemplated by these terms and conditions.
(b) Clauses entitled ‘exclusion of liability’ and ‘limitation of liability’ survive termination or expiry of these terms and conditions together with any other term which by its nature is intended to do so.

10. JURISDICTION
The law of Tasmania applies to this agreement.

by submitting this form, you agree to the terms and conditions above.

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