TERMS & CONDITIONS

This agreement ("Agreement") is entered into by and between HACO Hiking Pty Ltd (ABN: 86 676 095 024) ("HACO," "us," or "we") and the hiker(s) identified in the booking form ("you" or "hiker").

1. Booking Your Hike

To inquire about hike availability, you may submit an inquiry via our website, telephone, or email. Each hiker must complete a fitness and health review, provide emergency contacts, medical information, and dietary needs through our onboarding website page. Depending on your health checklist review, you may be required to obtain authorization from your medical practitioner. Additional services may be added during the inquiry stage.

An invoice will be issued upon inclusion of all selected services and provision of all relevant hike details. Payment is required to secure your hike, unless otherwise agreed upon. Accepted payment methods include EFT bank transfer, credit card, debit card, or authorized payment services, all selectable via the invoice. HACO does not accept other payment methods, such as cheques.

Upon receipt of full payment and a fully executed waiver form, a confirmation of your hike placement will be issued. By completing the onboarding process, you acknowledge and agree to these terms. If you are booking on behalf of another individual, you warrant that you have their express permission and that they will adhere to these terms and conditions. All individuals aged 18 and over must complete their own forms. For individuals under 18, a parent or legal guardian must complete the form.

For any questions prior to your trip, please contact us.

2. Minimum Participants for Invoicing

Minimum Number of Hikers: A minimum of eight (8) hikers is required for a standard group booking to proceed and for invoicing purposes.

Invoicing: Invoices will be issued based on a minimum of eight (8) hikers, irrespective of the actual number of participants if it falls below this threshold. For example, if only six (6) hikers attend, the invoice will still be calculated for eight (8) hikers. Invoices will be issued upon signing and submission of onboarding and amenity forms. Standard payment terms for invoices are 14 days from the expected hike date.

Exceptions: Should the number of confirmed hikers be less than eight (8), an alternative arrangement may be offered. Such an arrangement must be mutually agreed upon in writing by both parties prior to the trip date. Absent such an agreement, the minimum invoicing requirement of eight (8) hikers shall apply.

3. Payment Terms

All prices are stated in Australian dollars and include GST. Your hike booking is not confirmed until the invoice is paid in full and the waiver form is completed and received, or as otherwise agreed upon at the time of booking. Failure to remit final payment by the due date specified on the invoice may result in the cancellation of your booking, as detailed in Section 4 (Cancellations).

Any discounts offered subsequent to your invoice payment will not be applied to your booking. Prices displayed on the website are subject to change due to demand and availability. Therefore, the price at the time of viewing may differ, and other guests may have paid a different price. To secure a desired price, it is advisable to book at that time. Cancellation for the purpose of re-booking at a lower price will incur cancellation penalties.

The most current pricing is available on our website and is subject to minimum participant numbers. If minimum numbers are not met when payment is due, a small group surcharge may be offered to ensure the trip's operation, as detailed in the section on Minimum Participants.

4. Pricing Inclusions and Exclusions

Our prices may include the following:

• Pick-up and drop-off at designated locations.

• Transportation to the hike start point, including ferry services if required.

• Food and non-alcoholic refreshments during or after the hike.

• All national park and reserve entry fees, if applicable.

• Qualified guides for the duration of your trip.

• Social media content (e.g., photos, videos).

No price reduction will be provided if you opt to bring your own food or decline our provided meals. It is your responsibility to notify HACO of any allergies.

Items not included in the pricing:

• Travel insurance: We highly recommend securing comprehensive travel insurance due to the inherent nature of outdoor hiking activities.

• Travel arrangements before and after the hike: This includes transportation to our pick-up point, from the drop-off point, and any accommodation prior to or following the hike.

• Any other items not specifically listed as an inclusion: tips, optional excursions, personal clothing, medical costs, personal items, or emergency evacuations.

While we endeavour to maintain consistent pricing, unforeseen circumstances beyond our control, such as increased wages, operator charges, fuel costs, or exchange rate fluctuations, may necessitate price adjustments. We reserve the right to change trip prices at any time, and any increases must be paid prior to departure.

Alcohol is strictly prohibited during our hikes. Any guest found in possession of alcohol will be requested to exit the hike at their own expense.

5. Cancellations

All cancellation requests must be submitted to us via email as soon as possible. The cancellation date shall be the date on which we receive your written notice.

Cancellation for Corporate Groups:

• More than 14 days prior to the hike date: A full refund will be issued, less a 5% administrative fee at HACO's discretion.

• Within 7 to 14 days prior to the trip date: A 50% refund will be issued, less a 5% administrative fee at HACO's discretion.

• Less than 7 days prior to the trip date: No refund will be issued.

• No-shows: No refund will be issued for participants who fail to show up on the trip date.

Cancellation for Fitness Groups, Sporting Clubs, and Social Groups:

• More than 14 days prior to the hike date: A full refund will be issued to all participants, less a 5% administrative fee at HACO's discretion.

• Less than 14 days prior to the trip date: No refund will be issued. However, the following exceptions may apply:

• Exceptional Circumstances: At the sole discretion of HACO, a refund or credit may be considered for documented exceptional circumstances (e.g., severe illness, bereavement), provided verifiable evidence is submitted.

• Participant Replacement: A refund may be issued if the cancelling individual or group successfully finds a suitable replacement participant who meets all booking requirements and completes payment for their spot. HACO must be notified of any replacement at least 72 hours (3 days) prior to the trip date.

• Group Cost Coverage: If a cancellation results in the group falling below the minimum invoicing threshold of eight (8) hikers, HACO may, at its discretion, offer the remaining confirmed participants the option to collectively cover the cost equivalent to the minimum eight (8) hikers. If this option is exercised and the full cost for eight (8) hikers is met by the group, the cancelling participant may be eligible for a refund, subject to HACO’s discretion.

• No-shows: No refund will be issued for participants who do not show up on the trip date.

Cancellation by Group Organizer: If a group booking is cancelled by the organizer (e.g., due to insufficient participants not meeting the minimum invoicing requirement, and no alternative arrangement is made), the above cancellation policy will apply to each individual participant's payment.

Cancellations by HACO: HACO reserves the right to cancel any trip due to unforeseen circumstances, including but not limited to severe weather conditions, natural disasters, or other events beyond our control. In the event of cancellation by HACO, participants will be offered a full refund or the option to reschedule their trip for a future date.

No refunds once a trip has started: If you depart early for any reason (e.g., bereavement, injury, illness, intentionally damaging flora & fauna, offending other participants, or intentionally putting yourself or others at risk due to your actions) or if we request your departure, you will not receive a refund.

Refunds are processed once a month, approximately around the 14th day of each month. These refunds include GST but may exclude card surcharges or processing fees that are not reimbursed to us.

We may also refuse a refund if you arrive with inappropriate footwear or clothing and are subsequently requested not to participate in the hike.

6. Force Majeure - Unexpected Cancellations

A Force Majeure Event is an unavoidable event beyond our control, such as natural disasters (e.g., earthquakes, floods), acts of war or terrorism, or government actions.

If HACO cancels a trip due to a Force Majeure Event, you will have the following options, based on your payment status:

• You may transfer your payment to another trip, subject to availability, without a cancellation fee. A price difference may apply if the new trip costs more.

• We may offer the option to transfer you to a future trip in the same season at no extra cost. A price difference might apply if the new trip is more expensive.

• You may hold the payment as credit with us until you decide on a new itinerary. New season pricing differences might apply.

• We may allow you to find another person to take your spot on the hike.

For all these reasons, we highly recommend obtaining suitable travel insurance.

7. Amendments to Booking

Participant Numbers: Any reduction in the number of participants after the booking is confirmed but before the trip date will be subject to the cancellation policy outlined in Section 5 for the removed participants. Increases in participant numbers are subject to availability and may incur additional charges.

Date Changes: Requests for changes to the trip date are subject to availability and may incur an administrative fee. Such requests must be submitted to HACO via email. While we will endeavor to accommodate your change, this may not always be possible.

For all these reasons, we highly recommend obtaining suitable travel insurance.

8. HACO Cancellations or Itinerary Changes

Outdoor adventures involve inherent unpredictability due to natural conditions. We may be required to change routes or activities for safety reasons or due to local conditions. While we will always strive to provide the advertised itinerary, your safety remains our paramount concern.

If we are compelled to make changes, we will endeavor to offer similar alternative arrangements. HACO is not responsible for itinerary interruptions due to a Force Majeure Event. In such cases, we may need to cancel a trip on short notice, sometimes even after it has commenced, and your understanding in such situations is appreciated.

If HACO cancels a hike before it commences for any reason (not attributable to a Force Majeure Event), you will have the following options:

• Transfer to a similar replacement trip or a later date agreeable to all parties.

• Receive a credit for the full value of your cancelled trip, valid for use within 24 months for a future booking.

• Receive a full refund of the trip price you paid (this option is not available for Force Majeure cancellations).

If we cancel, we will not cover any costs you incurred in traveling to or from our pick-up point.

For all these reasons, we highly recommend obtaining suitable travel insurance.

9. Pre-Hike Advice & Responsibilities

Travel Insurance: HACO strongly recommends that you obtain suitable travel insurance at the time of booking or payment. Ensure the travel insurance covers eventualities such as personal accidents, medical expenses, emergency repatriation, personal liability, and cancellation for any reason (e.g., illness, bereavement, flight delays, lost luggage, Force Majeure events).

Indemnity and Waiver: By participating, you agree to assume responsibility for your participation in the hike and related activities. You acknowledge that outdoor walking activities can be dangerous and are undertaken at your own risk. These risks may include: falling, resulting in broken bones, severe head, neck, and back injuries; Force Majeure events; risks associated with crossing, climbing, or descending rock, snow, and/or ice; encounters with insects, reptiles, and/or animals; and accidents or illnesses occurring in remote locations lacking medical facilities.

You agree not to hold HACO responsible for any injury, death, or damage to your property, even if attributable to our negligence, except where such exclusion is prohibited by law. You will be required to sign the HACO Indemnity Form prior to or on the day of departure. HACO will inform you about appropriate footwear and recommended insurance. Occasionally, third-party providers we utilize may also require you to sign an indemnity form.

10. Evacuations

In rare instances of injury or illness in a remote area, an evacuation may be necessary. You will be responsible for the full cost of any evacuation, including helicopters, staff wages, and transport. Australian insurance may not cover ambulance services; we highly recommend obtaining specific ambulance cover through your health insurance and ensuring your travel insurance covers evacuation costs.

11. Footwear and Attire

It is mandatory to wear supportive walking shoes or hiking boots with good grip. If new footwear is purchased, we highly recommend "wearing them in" prior to the hike. Footwear with waterproof membranes is also recommended. It is your responsibility to bring suitable clothing for your hike; our packing lists will assist you. These recommendations are for your safety and enjoyment.

If you arrive on departure day with inappropriate footwear or clothing, you may be denied participation, and no refund will be issued. If you are uncertain, please contact our team for assistance.

12. Health and Fitness

Your safety is our top priority. It is your responsibility to review the hike notes and website information and to submit accurate health and fitness information to enable HACO to adequately assess the suitability of hikes for you. You must be capable of walking long distances on daily hikes or for several consecutive days, for several hours each day, depending on the recommended hike.

Our hikes can be challenging, involving rough, uneven, sandy terrain, river crossings, climbs, descents, and varied weather conditions. Prior training and preparation are necessary. Generally, a higher level of fitness will enhance your hike experience. Please feel free to contact us to discuss your suitability for a trip.

13. Pre-Hike Information - Medical Forms & Doctor's Certificates

To ensure the safety and well-being of all participants, you must complete the onboarding process at least 14 days before your hike. You must disclose any pre-existing medical conditions or allergies on your booking form, along with any relevant action plans (e.g., for asthma or anaphylaxis).

You may be required to provide a doctor's certificate or complete a confidential medical questionnaire. If you have any doubts, concerns, or are aged 69 or older, we recommend consulting your general practitioner to obtain a medical certificate confirming your fitness for the hike. Failure to provide this information could result in a non-refundable cancellation. We reserve the right to refuse a guest's participation based on medical or fitness grounds or to require a GP-signed medical clearance.

For dietary needs and allergies, clearly state whether it is an allergy or a preference on your booking form. For allergies, specify the severity and whether you carry medication (e.g., EpiPens). You are responsible for bringing sufficient medication for the hike. We will endeavor to accommodate your needs, but we operate in remote areas where options may be limited. Failure to disclose dietary needs or allergies at least 14 days prior may result in our inability to cater for you, and standard cancellation fees will apply if you cancel due to this.

14. Guide and Hiker Responsibilities

Our hikes are group experiences, requiring consideration for how your actions affect others. Our experienced guides are responsible for overseeing group safety, enjoyment, and trip operations. Our guides possess the authority to make decisions to achieve these goals, even if it entails restricting your participation in certain activities. You agree to abide by their decisions and directions.

It is your responsibility to behave sensibly and to avoid unnecessary risks. Remain on marked trails and only use phones/cameras when it is safe to do so. You are responsible for your own conduct and agree to indemnify HACO for any liabilities you incur. Do not participate in the hike if you are unwell or exhibit symptoms that could affect your ability to walk safely, considering both yourself and others. Our guides can assess you on day one and determine your fitness to join.

Guides may evacuate a hiker if they have health or ability concerns. While our team will assist in organizing such evacuations, you will bear the cost of any additional expenses incurred. HACO adheres to government COVID-19 recommendations, but it is your responsibility to check pre-travel requirements.

15. Environmental Sustainability and Cultural Respect

HACO is committed to responsible guiding and respecting the environment and culture. We adhere to practices that minimize environmental impact. If your hike includes Indigenous art or cultural sites, please treat them with respect and do not reproduce or publish media without permission from the traditional owners. We will brief you before and during the hike, but prior awareness is beneficial.

16. Exclusion & Limitation of Liability

Exclusion of Liability: You understand that hiking and outdoor activities can be dangerous, and you participate in them at your own risk. You agree to waive your legal rights to sue HACO and our staff for any liability related to your death or injury from participating in a walk or activity, including negligence, unless specifically prohibited by law. This exclusion applies to all hikers.

Limitation of Liability: We do not seek to circumvent laws that protect you, such as the Australian Competition and Consumer Act 2010 (CCA). However, beyond that and what is expressly stated above, we exclude liability for various items, including:

• Legal or negligence claims.

• Implied conditions or warranties.

• Special, indirect, or consequential damages (e.g., lost profits, revenue, or goodwill), even if HACO was aware that such damages might occur.

If we breach any express or implied term of this Agreement, our liability is limited to either refunding the price of the specific goods/services or providing/repairing them again. You also agree to indemnify us against any losses we might incur if you breach your obligations under these terms.

17. Issues or Complaints

It is HACO’s priority for you to have a positive trip. If an issue arises, please inform your guide immediately so they can attempt to resolve it. If the issue cannot be resolved at that time, please contact HACO administration via email.

18. Staying in Touch

By agreeing to these terms, you consent to us contacting you regarding your hike and other potential options. We will limit communications. You may unsubscribe at any time if you no longer wish to receive communications from us.

19. Jurisdiction

This Agreement is governed by the laws of Victoria, Australia.

20. Images and Media

You grant HACO permission to use photos and videos taken of you during the trip for advertising and promotional purposes. You grant us a permanent, royalty-free, worldwide license to use these images. If you do not wish your images to be used, you must notify us via email before the commencement of the hike.

21. Acknowledgment

By booking, you confirm that you have provided accurate information about yourself, your circumstances, insurance, age, and medical condition.

22. Severability

If any provision of this Agreement is found to be legally unenforceable, that provision will be removed or adequately altered to ensure the remainder of the terms remain valid and enforceable.

23. Privacy

Any personal information we collect will be handled in accordance with our Privacy Policy. By booking, you agree that we may share your information with our agents, service providers, or suppliers to facilitate your trip, and potentially send you marketing materials if permitted.

24. Promotional Terms

We may offer discounts or promotions. These will be subject to their own specific terms, which you should review. In the event of a conflict between these general terms and the promotion's terms, the promotion's terms shall prevail. We reserve the right to cancel or change promotions at any time. Promotions generally cannot be combined (e.g., a past customer discount cannot be added to another offer). These typically exclude gift cards and tours operated by third parties. Videos/images on our website might depict itineraries that differ from current tours.

25. Bookings Through Agents/Third Parties

If you booked through an agent, please consult them to understand how their terms may differ from ours.

These terms apply to all bookings made on or after Tuesday 1st of July 2025.