A copy of these terms and conditions is available as a downloadable PDF document by clicking on this link
IMPORTANT:
The Kokoda Track traverses the Owen Stanley Ranges in Papua New Guinea. It is a hot, humid, tropical area and the trail itself is extremely rugged. You will need a moderate to high level of physical fitness and be free of any physical or medical handicap or ailments that would inhibit your capacity to safely complete the trek given the terrain, weather conditions and physically demanding nature of the trek.
Upon payment of the Kokoda trek fees for the agreed itinerary as described by Kokoda Crossing Management via email and phone conversations, and subject to the terms of this contract, Kokoda Crossing agrees to accept the trekkers named on the Booking Form.
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- DEFINITIONS:
a. “Trekker” means anyone that has booked and purchased a Kokoda Crossing trek and whose name appears on the Booking Form.
b. “Kokoda Crossing” is the Company organizing and operating the trek, Kokoda Crossing staff includes guides and porters.
c. “Track” means the route along the Owen Stanley Range between Buna – Kokoda – Owers Corner that is used for trekking by trekkers as a leisure and recreational activity.
d. “Trekking” means walking and other activities undertaken by trekkers according to their accepted itinerary.
- GENERAL PROVISION:
a. Your authority to agree: In purchasing the trek tour, you state that you are authorized by or on behalf any trekker listed on the Booking Form to agree to all the terms of this contract.
b. No transfer. This contract is between Kokoda Crossing and the trekker. It cannot be sold, assigned or transferred to any other person without prior express written consent of Kokoda Crossing.
c. No third-party responsibility. This contract is only with Kokoda Crossing. No other person or company shall be responsible in any way to the trekker.
d. 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.
e. Contract continues. This contract remains in effect for all period when Kokoda Crossing is under any responsibility to the trekker or the trekker’s property.
f. No oral changes, no additions, variations or waiver or any of the contract can be affected unless it is expressed in writing and signed by Kokoda Crossing or each authorized agent.
- PAYMENT OF TOUR FEES:
a. Payment of trek tour fees. The trek tour fees agreed between the trekker and Kokoda Crossing shall be payable as follows:
i ) A $600 non-refundable deposit at the time of booking (14 day cooling off period).
ii) Balance of tour trek fees at least 60 days prior to trekking date – Should the trekker not pay the balance owing by the agreed time, they will forfeit their position on the tour and not receive any refund (any payment plans with Kokoda Crossing are to be agreed to upon submission of the booking form).
b. What is covered: The trek tour fees as agreed shall include the accommodation in Port Moresby (for the first and last night only) and on the track, meals on track, meals at the hotel (dinner and breakfast as organised by Kokoda Crossing. Other meals need to be designated in the itinerary if Kokoda Crossing are liable.), airport transfers, trek permits, services provided by guides and porters, domestic airfare (Port Moresby to Kokoda or Poppendetta). The fee does not include expenses of a personal nature including drinks, personal meals at restaurants, fruits or vegetables sold by local villagers, telephone, fax and email bills and gift items. All outstanding bills must be settled before the trekker’s departure from PNG.
If the trek tour is offered as a package, the total price may include international airfares and travel insurance. This will be specified at the time of booking.
A total package price will only allow for one checked item of baggage. Any additional baggage costs will be borne by the trekker.
c. PRICE VARIATIONS – The cost of the tour trek fees may change due to currency fluctuations, airlines fuel costs and other surcharges, departure/arrival tax variations and variations in flight prices at the time of booking by an independent Travel Agent. We will not apply these charges to you after you have paid in full unless the variations are substantial, in which case we will offer you the choice of a partial refund or continuing with the payment of variation.
- CANCELLATION BY THE TREKKER:
If a trekker wishes to withdraw from the trek tour, the following cancellation fees will apply:
a. 60 days and greater prior to trek departure – Loss of $600 deposit.
b. From 59 days to 30 days prior to trek departure – 50% of the land-based tour cost.
c. From 29 days to 15 days prior to trek departure – 75% of the land-based tour cost.
d. Within 14 days of tour departure – 100% of tour cost.
e. Deposit is non-refundable.
- KOKODA CROSSING’S RIGHT TO CANCEL, POSTPONE, DELAY, VARY OR AMMEND ITINERARIES:
a. “Force Majeure” – Kokoda Crossing will not be liable for any delay in, change to or cancellation of a tour due to circumstances beyond our control. This may include but is not limited to; *Acts of God, *perils of the trail, mountains, rivers and valleys, *Acts of Government, or ruling authority, *epidemics *pandemics, natural disasters, fires, landslides, earthquakes, war, hostilities, riots and strikes, civil unrest, Government travel warnings (e.g. Department of Foreign Affairs), or *any other causes of circumstances beyond Kokoda Crossing’s control and responsibility.
Should a tour not be able to proceed on the scheduled date under these circumstances, Kokoda Crossing will offer a credit to the trekker so they may participate in the re-scheduled tour or join an alternative tour that suits. If “Force Majeure” is called on a tour, the standard refund guidelines do not apply.
b. Changes in itineraries. Kokoda Crossing may at any time, without notice, cancel or change the approved and accepted itinerary or substitute trek tours. The trekker shall have no claim against Kokoda Crossing 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.
c. 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.
d. 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.
e. Minimum numbers – For local PNG guided tours the minimum number is 4 full paying trekkers. For Australian guided tours, the minimum number is 10 full paying clients.
If minimum numbers are not reached, Kokoda Crossing will notify the trekker no less than 45 days if the tour will proceed. In this instance, the trekker will be entitled to either a credit on the money paid or a refund.
f. Kokoda Crossing reserve the right to substitute Australian tour guides should the original guide become unavailable for any reason. Kokoda Crossing will not be liable.
g. Indemnity by Trekker. Kokoda Crossing shall have the right to be indemnified by the trekker for all penalties, fines, charges, losses and expenses upon and incurred by Kokoda Crossing because of the trekker, or any other person in Kokoda Crossing’s care.
- HEALTH OF THE TREKKER
KOKODA CROSSING IS NOT LIABLE FOR MEDICAL EXPENSES OTHER THAN WHAT CAN BE REASONABLY PROVIDED WHILST ON THE TRACK
a. Trekker must be fit for trek. The trekker warrants he or she is physically fit and capable of undertaking the agreed trek. Kokoda Crossing in its sole discretion may require a doctor’s medical clearance prior to travel (Form 2 – Medical Clearance Form).
b. Consent to treatment. If in the opinion of Kokoda Crossing, a trekker needs medical assistance and is unable to request it, the trekker hereby consents to Kokoda Crossing making such medical arrangements as it deems necessary, at the cost of the trekker.
c. Trekker’s Obligation to Report Medical Condition. The trekker must report any pre-existing illness, disability, pregnancy or any other conditions for which the trekker may require medical attention during the trek to Kokoda Crossing before the trek tour commences. If any such condition arises before the commencement of the trek, it must be reported to Kokoda Crossing as soon as such illness or disability is known. Failure to report any such condition completely absolves Kokoda Crossing and all contractors, guides and porters from all or any liability in respect of such condition.
d. Refusal of trekking. Kokoda Crossing reserves the right to refuse any person who has failed to give proper notice of physical disability, illness or handicap requiring special care, attention or treatment or who in Kokoda Crossing opinion is physically or mentally unfit for travel. In such event, a portion the tour fees will be refunded at the sole discretion of Kokoda Crossing and Kokoda Crossing shall be entitled to deduct any expense associated therewith.
e. 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 Kokoda Crossing shall be and are accepted at the trekker’s sole risk, and Kokoda Crossing shall not be responsible for the quality, nature or consequences thereof.
f. Trekker must have purchased Travel Insurance for the trek to cover the following;
- Emergency evacuation
- Medical treatment
- Payment of hospitalization
- Repatriation to Australia
- Travel delays
- Loss of luggage, money etc
- Death and disability; and
- Events such as airline strike causing cancellation of the trek.Kokoda Crossing in its sole discretion require proof in that regard.g. Kokoda Crossing reserves 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 at any time during the trek.
h. The Trekker acknowledges that whilst Kokoda Crossing will take every reasonable precaution to ensure the safety of the trekker on the trek, that the nature of the trek has inherent risks and dangers encountered which may well be beyond the control of Kokoda Crossing. The trekker acknowledges that they participate in the trek at his/her own risk, and in the event of any accident, injury, incapacitation, illness, pain, death or other event suffered or incurred by the trekker on the trek that the trekker will seek no compensation from Kokoda Crossing and will hold Kokoda Crossing blameless and will not seek damages from any court of competent jurisdiction in relation to any accident, injury, incapacitation, illness, pain, death or other arising from the trek.
7. REGULATIONS CONCERNING BAGGAGE AND PERSONAL PROPERTY:
a. Baggage means backpacks, handbags and bundles containing wearing apparels and personal effects.
b. Limitations and Liabilities. For safekeeping purposes, Kokoda Crossing does not offer to undertake to store any contents of a baggage belonging to other persons apart from the trekker named on the Booking Form. Kokoda Crossing shall not accept for storage any baggage unless all the contents are declared, listed and personally viewed by them, its agents or servants. Kokoda Crossing 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 us, its agents and servants. Kokoda Crossing are not liable for the loss or damage to any property that is stored by hotels, guesthouses or transport operators on the tour. These parties operate independently to Kokoda Crossing and are engaged as contractors.
c. 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.
d. Valuables. Kokoda Crossing is not responsible for money, jewelry, documents and any other valuables which trekkers keep on their persons, in their accommodation or in their baggage.
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.
8. PASSPORT:
You must have a valid passport with not less than 6 months’ validity from the return date of intended travel.
9. VISA:
You should obtain a Papua New Guinea Visa on arrival at the Port Moresby or prior to travel from the PNG High Commission in Canberra or the PNG Consulate General in Brisbane. For more information, visit UUpngcanberra.org/visasUU.
10. MEDICAL CERTIFICATE
You must obtain a medical clearance using the form sent to you stating you can undertake the physically demanding trek through the Papua New Guinea Jungle and supply a copy to Kokoda Crossing.
11. TRAVEL INSURANCE
You must obtain the appropriate Travel Insurance and supply details to Kokoda Crossing. It is recommended you obtain travel insurance as soon as you pay your deposit. Ensure you research your insurance company thoroughly to ensure they cover you sufficiently for the Kokoda Track (some companies do not offer this cover).
12. LIABILITY DISCLAIMER
The nature of the tour is that it will be physically demanding on the client, requiring the client to undertake a walking, hiking, climbing, running, a combination of these or similar, tour over, at times, inhospitable terrain and being exposed to the elements and animals, reptiles, insects beyond the control of Kokoda Crossing.
13. LIMITATION ON KOKODA CROSSING’S LIABILITY:
No liability for certain events. Kokoda Crossing 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 whoever 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, *pandemics, natural disasters, fires, landslides, earthquakes, war, hostilities, riots and strikes, or *any other causes of circumstances beyond Kokoda Crossing’s control and responsibility.
14. OTHER OPERATORS AND SUB-CONTRACTORS.
Whilst all care is taken, no responsibility or liability whatsoever is borne or accepted by the Kokoda Crossing 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. This may include hotels, airlines or transport operators. Kokoda Crossing will not be held liable should these contracted services not fulfil their obligations or provide the expected level of service for Kokoda Crossing clients.
A copy of these terms and conditions is available as a downloadable PDF document by clicking on this link
