Terms & Conditions | Kokoda Trail

TREKKING CONTRACT

IMPORTANT: Please take the time to read and understand the terms outlined in this Trek Contract. The contract is a binding agreement between trekkers and the trek tour operator. After you have read, understood and accepted this contract, it will be deemed that you agree to the terms contained herein. We would like draw your special attention to the trek tour operator’s right to exemption and limitation of liability.

THE CONTRACT:
Upon payment of the trek tour fees for the agreed itinerary described on the tour operator’s brochure, and subject to the terms of this contract, KOKODA TREKKING Tours agrees to accept the trekkers named on the Confirmed Booking Form.
DEFINITIONS:
1. “Trekker” means anyone buying the trekking tour and whose name appears on the Confirmed Booking Form.
2. “Tour Operator” includes the Company organizing and operating the trekking tours, her staff includes guides and porters.
3. “Trail” means the route along the Owen Stanley Range that is used for trekking by trekkers as a leisure and recreational activity.
4. “Trekking” shall mean and include walking and other activities undertaken by trekkers according to their accepted itinerary.
GENERAL PROVISION:
1. Your authority to agree. In buying the trek tour, you state that you are authorized by or on behalf any trekker listed on the Confirmed Booking Form to agree to all the terms of this contract.
2. No transfer. This contract is between the tour operator and the trekker. It cannot be sold, assigned or transferred to any other person without prior express written consent of the tour operator.
3. No third party responsibility. This contract is only with the tour operator. No other person or company shall be responsible in any way to the trekker.
4. Limitations applied if that party is held responsible. However if any other person or company is held responsible, all benefit limitations, exemptions from liability, defenses and immunities referred to in this contract or under law, or treaty or from any other source to such person or company and their staff, guides, porter and agents.
5. Contract continues. This contract remains in effect for all period when the tour operator is under any responsibility to the trekker or the trekker’s property.
6. 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 the tour operator or each authorized agent.
PAYMENT OF TOUR FEES:
1. Payment of trek tour fees. The trek tour fees agreed between the trekker and the tour operator shall be payable as follows:
  1. A deposit at the time of booking Non Refundable
  2. Balance of tour trek fees at least 60 days prior to trekking date.
  3. Price Variation: Due to possible currency fluctuations, increases in KTA trek fees and other cost components, we reserve the right to increase our fee without notice. These variations will not however be charged if full payment has been received prior to any such increase.
2. What is covered: The trek tour fees as agreed shall include the trekking tour, during the trek: accommodation, meals, airport transfers, one way air transfers from Port Moresby to Kokoda or from Kokoda to Port Moresby, trek permits, guides and porters. The fee does not include expenses of a personal nature including drinks, fruits or vegetables sold by the locals, telephone, fax and email bills and gift items. All outstanding bills must be settled before the trekker’s departure from PNG.
CANCELLATION BY THE TREKKER: The trekker shall be entitled to withdraw from the contract only upon the times or events set out as follows:
1. At least 60 days in advance. If the trekker gives written notice of cancellation more than 60 days in advance, a handling fee of AUD500 per person will be charged.
2. From 31 days to 60 days. If the trekker gives notice of cancellation between 31-60 days before the trekking date, the trekker is liable to pay 50% of the land cost.
3. From 30 days. If the trekker gives written notice of cancellation from 30 days before the trekking date, the trekker is liable to pay 100% of the land cost. A trekker is liable to pay 100% of the land cost even if he gives written notice 30 days or less before the trekking date.
ACCOMMODATION AND MEALS:
1. Adherence to rules. Accommodation for trekkers before, during and after the trek are those only agreed to and specified in the itinerary. Any meals or accommodation arrangements outside of the specified agreed options will become the responsibility of the trekker. Accommodation and meals will be designated by the tour operator’s agents, employees or servants. No tour diversions will be allowed. The tour operator reserves anytime the right to withdraw any trekker due to illness and substance abuse such as alcohol and drugs and violation of strict traditional taboos and customary practices.
HEALTH OF TREKKER: TOUR OPERATOR NOT LIABLE FOR MEDICAL CARE OR EXPENSES WHATSOEVER:
1. Trekker is fit for trek. The trekker warrants he or she is physically fit and capable of undertaking the agreed trek. The tour operator in its sole discretion may require a doctor’s certificate in that regard. A certificate of fitness is required over 60 years of age.
2. Consent to treatment. If in the opinion of the tour operator, a trekker is in need of medical assistance and is unable to request it, the trekker hereby consents to the tour operator making such medical arrangements as it deems necessary, at the cost of the trekker.
3. Trekker’s Obligation to Report Medical Condition. The trekker must report any pre-existing illness, disability of pregnancy or any other conditions for which the trekker may require medical attention during the course of the trek to the tour operator or its agents before the trek tour commences. If any such condition arises before the commencement of the trek, it must be reported to the tour operator, its agents or servants before commencement of the trek or as soon as such illness or disability is known. Failure to report any such condition completely absolve the tour operator its servants and agents from all or any liability in respect of such condition.
4. Lack of obligation to examine passenger. The tour operator does not have any obligation to examine any passenger prior to the commencement of the trek for any purpose and the tour operator rely entirely on the trekker’s warranty as to fitness herein before referred to
5. Refusal of trekking. The tour operator reserves the right to refuse any passenger who has failed to give proper notice of physical disability, illness or handicap requiring special care , attention or treatment or who in the tour operators opinion is physically or mentally unfit for travel. In such event, the tour fees will be refunded at the sole discretion of the tour operator, and the tour operator shall be entitled to deduct any expense associated therewith.
6. Treatment at trekker’s risk. Subject to the foregoing, any medicines, surgical, attention or medical treatment furnished by a qualified doctor or medical service personnel (all of who are engaged as independent contractors) designated by the tour operator, its servants and agents, shall be and are accepted at the trekker’s sole risk, and the tour operator shall not be responsible for the quality, nature or consequences thereof.
TOUR OPERATOR’S RIGHT TO CANCEL AND CHANGE ITINERARIES:
1. Changes in itineraries. The tour operator may at anytime, without notice, cancel or change the approved and accepted itinerary or substitute trek tours. The trekker shall have no claim against the tour operator by reason of any cancellation, change or delay of the trekking tour, accommodation and meal options, traveling expenses or other loss, and inconveniences from delays.
2. Approximate schedule. Trekking tours and itineraries including departure times and arrival times maybe altered at the discretion of the tour or trek leader due to unforeseen circumstances.
3. Deviations and Diversions. Trekkers in all situations shall not have the liberty to deviate from the original itinerary or undertake a diversion from the same advertised and approved itinerary. For whatever reason or reasons necessary, trekkers who deviate and divert from the advertised and approved itinerary may do so at their own risk and will be liable to pay any expense associated with the change.
4. Interruption of trek tour.
  1. Acts of God. If the trek tour is interrupted, or unduly delayed or prevented from proceeding as advertised by *Acts of God, *perils of the trail, mountains, rivers and valleys, *Acts of Government, or ruling authority, *epidemics, natural disasters, fires, landslides, earthquakes, war, hostilities, riots and strikes, or *any other causes of circumstances beyond the tour operator’s control and responsibility. The tour operator shall have the right to terminate the purchased trek tour at anytime without notice and of any reason whatsoever. In that event, the tour operator may (at its absolute discretion, of which it shall be the sole judge) refund such proportionate part of the trek tour fee.
5. Indemnity by Trekker. The tour operator shall have the right to be indemnified by the trekker for all penalties, fines, charges, losses and expenses upon and incurred by the tour operator because of the trekker, or any other person in the tour operator’s care.
REGULATIONS CONCERNING BAGGAGE AND PERSONAL PROPERTY:
1. Baggage means backpacks, handbags and bundles containing wearing apparels and personal effects.
2. Limitations and Liabilities. For safekeeping purposes, the tour operator does not undertake to store any contents of a baggage belonging to other persons apart from the trekker named on the Confirmed Booking Form. The tour operator shall not accept for storage any baggage unless all the contents are declared, listed and personally viewed by the tour operator, its agents or servants. The tour operator will not be held responsible for the loss or damage to any item that is claimed as content in the baggage and which was not personally viewed by the tour operator, its agents and servants.
3. Marking of baggage. Each piece of baggage will be marked with the full name and address of the trekker. The tour operator shall not be liable for loss, damage or delay resulting from the trekker’s failure to mark each piece of baggage plainly as directed.
4. Forbidden items. The trekker should not take away natural, historical and cultural items, the importation and exportation of which may be forbidden or which do not conform with customs, police regulations and the laws of PNG and other countries with which PNG has treaties and bilateral relations. Should this rule be violated, the trekker shall be held liable for all resulting fines, losses, damages or delays.
5. Valuables, the tour operator is not responsible for money, jewelry, documents and any other valuables which trekkers keep on their persons, in their accommodation or in their baggage.
6. Insurance by Passenger. Trekkers are strongly recommended to obtain adequate insurance to cover his or her baggage and personal effects from theft, loss, damage and delays.
LIMITATION ON TOUR OPERATOR’S LIABILITY:
1. No liability for certain events. The tour operator and its agents including its staff, guides and porters shall not be liable for loss, death or delay of injury, to, any trekker or loss or damage or delay to his baggage, personal effects or other property arising from *Acts of God, *Public enemy, *Government restraint, Riots, *Strikes, *labor troubles who ever may be the instigators thereof, *epidemics, *civil disturbances of whatever nature, *perils of the trail, mountains, rivers and valleys, *Acts of Government, or ruling authority, *epidemics, natural disasters, fires, landslides, earthquakes, war, hostilities, riots and strikes, or *any other causes of circumstances beyond the tour operator’s control and responsibility.
2. Limitation on Trekker’s Liability with respect to baggage and personal property. This liability shall not exceed AUD200 in the event of loss, damage or delay to any of the trekker’s baggage or other property taken with him on the trekking tour.
OTHER OPERATORS AND SUB-CONTRACTORS: Whilst all care is taken, no responsibility or liability whatsoever is borne or accepted by the Tour Operator for any other operator that is included, for any reason, as part of a package or holiday. The trekker agrees that any independent contractors with whom the Company contract provide their services subject to their usual terms and conditions.