1. Acceptance of Terms

By accessing and using the services provided by MountainWay Treks ("we", "us", or "our"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these Terms of Service, please do not use our website or book our trekking programs.

These terms apply to all visitors, users, and others who access or use our services, including but not limited to our website, booking systems, guided treks, workshops, and any related services we provide.

2. Booking and Reservations

2.1 Booking Process

All bookings must be made through our official website, by phone, or in person at our office located at 5 Alpine Rd, Hobart TAS 7000, Australia. A booking is confirmed only when we have received full payment or the required deposit and have sent you a confirmation email.

2.2 Payment Terms

Full payment is required for day programs and weekend workshops at the time of booking. For multi-day expeditions, a 50% deposit is required to secure your booking, with the remaining balance due no later than 30 days before the trek departure date. Failure to pay the balance by the due date may result in cancellation of your booking.

2.3 Pricing

All prices are listed in Australian Dollars (AUD) and include GST where applicable. Prices are subject to change without notice, but confirmed bookings will honor the price quoted at the time of reservation. Additional costs such as personal equipment rental, travel insurance, and transportation to meeting points are not included unless specifically stated.

3. Cancellation and Refund Policy

3.1 Customer Cancellations

• More than 30 days before departure: Full refund minus 10% administrative fee
• 15-30 days before departure: 50% refund of total cost
• Less than 14 days before departure: No refund available

All cancellation requests must be submitted in writing via email to [email protected]. Cancellations are effective from the date we receive your written notification.

3.2 Company Cancellations

We reserve the right to cancel or modify any program due to insufficient bookings, weather conditions, safety concerns, or circumstances beyond our control. In such cases, you will receive a full refund or the option to transfer to an alternative program. We are not liable for any additional expenses you may have incurred in preparation for the trek.

3.3 Trip Insurance

We strongly recommend purchasing comprehensive travel insurance that covers trip cancellation, medical emergencies, evacuation, and personal liability. Insurance options are available through our partner providers at the time of booking.

4. Participant Requirements and Responsibilities

4.1 Fitness and Health

You are responsible for ensuring you have the appropriate fitness level and health status for your chosen program. You must disclose any medical conditions, medications, allergies, or physical limitations that may affect your ability to participate safely. We reserve the right to refuse participation if we believe your condition poses a risk to yourself or others.

4.2 Age Requirements

Participants under 18 years of age must be accompanied by a parent or legal guardian. Specific programs may have minimum age requirements as stated in the program descriptions. All minors must have a parental consent form signed before participation.

4.3 Conduct and Behavior

All participants must follow the instructions of guides and staff at all times. Disruptive, dangerous, or illegal behavior will not be tolerated and may result in immediate removal from the program without refund. You are responsible for any damage to equipment or property caused by your negligence or misconduct.

5. Safety and Liability

5.1 Assumption of Risk

Mountain trekking and outdoor activities involve inherent risks including but not limited to falls, weather-related incidents, wildlife encounters, and equipment failure. By participating in our programs, you acknowledge these risks and accept full responsibility for your decision to participate.

5.2 Waiver of Liability

To the fullest extent permitted by law, MountainWay Treks, its owners, employees, guides, and affiliates shall not be liable for any injury, loss, damage, delay, or expense arising from participation in our programs. All participants must sign a liability waiver before commencing any activity.

5.3 Medical Treatment

In the event of illness or injury, we reserve the right to arrange medical treatment and evacuation if necessary. You are responsible for all costs associated with medical treatment, evacuation, and repatriation. This is another reason why comprehensive travel insurance is strongly recommended.

6. Equipment and Personal Belongings

We provide technical equipment as specified in each program description. You are responsible for personal items, clothing, and any additional equipment you choose to bring. We are not liable for loss, theft, or damage to personal belongings during programs. Equipment provided by us must be returned in the same condition, and you may be charged for any damage beyond normal wear and tear.

7. Photography and Media

During our programs, we may take photographs or videos for promotional purposes. By participating, you grant us permission to use your image in our marketing materials, website, and social media channels. If you do not wish to be photographed, please inform your guide at the beginning of the program.

8. Environmental Responsibility

All participants must adhere to Leave No Trace principles and respect the natural environment. This includes proper waste disposal, staying on designated trails, respecting wildlife, and minimizing environmental impact. Failure to comply with environmental guidelines may result in removal from the program.

9. Changes to Programs

We reserve the right to modify itineraries, routes, or program details as necessary due to weather conditions, safety concerns, or other factors beyond our control. While we strive to deliver the advertised experience, flexibility is essential in outdoor activities. No refunds will be provided for minor itinerary changes or adjustments made for safety reasons.

10. Privacy and Data Protection

We collect and process personal information in accordance with our Privacy Policy. By using our services, you consent to the collection and use of your information as described in our Privacy Policy. We implement appropriate security measures to protect your personal data.

11. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of MountainWay Treks and protected by copyright laws. You may not reproduce, distribute, or create derivative works from our content without express written permission.

12. Governing Law and Disputes

These Terms of Service are governed by the laws of Tasmania, Australia. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Tasmania. We encourage resolving any concerns through direct communication with our team before pursuing legal action.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: [email protected]
• Phone: +61 3 6215 8843
• Address: 5 Alpine Rd, Hobart TAS 7000, Australia

14. Amendments to Terms

We reserve the right to update or modify these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the revised terms. We recommend reviewing these terms periodically.