travel terms & conditions

T&Cs – Rockbourne Investments Pty Ltd T/A Climbing Mountains Our business 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 (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. 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 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 affected 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. 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. 
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: (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 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).
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 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 Payment: Full payment for all tours must be received by Climbing Mountains 30 days prior to the tour departure date. Cancellation: If a customer wishes to cancel their tour, the following fees will apply: More than 60 days before tour departure: full refund minus a $100 administrative fee, 30-60 days before tour departure: 50% refund, less than 30 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 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. Climbing Mountains reserves, the right to refuse service to any customer who does not disclose a medical condition that may affect their ability to participate in the tour. Force majeure: Climbing Mountains will not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, and other similar events. Governing law: These terms and conditions shall be governed by and construed in accordance with the laws of the state and country in which Climbing Mountains is based. Entire agreement: These terms and conditions constitute the entire agreement between the customer and Climbing Mountains and shall not be modified except in writing signed by both parties.