Waiver of Liability – Tours and Programmes conducted by Meridian Travel
At Meridian Travel we take your safety seriously. However, we cannot control all risks and some of the activities that we may arrange and that you pay to participate in are inherently dangerous. Risks can be caused by you, third parties and other factors which we cannot always control. By purchasing a tour or programme conducted by Meridian Travel, you are agreeing to the terms set out below including the assumption of liability, the rules of use and our Terms and Conditions of Sale at https://www.meridiantravel.com.au/terms-privacy/. If you do not agree, you will be unable to participate. Please contact Meridian Travel immediately if you do not agree.
Risk-injury, death, financial loss
You acknowledge that the nature of the tours and programmes are adventurous and participation involves a degree of personal risk not otherwise present in daily life. There is a risk that participants in tours and programmes conducted by Meridian Travel may suffer physical injuries and disabilities and in the worst case scenario, even death. It is possible that such injuries may result in emotional and mental injury, affecting your ability to work or enjoy other aspects of life. There is also a risk of financial loss including medical and hospital expenses and loss of income.
Assumption of Liability and Terms and Conditions of Sale
It is your responsibility to acquaint yourself with all relevant travel information (including from the Department of Foreign Affairs) and the nature of your itinerary. You acknowledge that your decision to participate in a tour or programme is made in light of consideration of this information and you are aware of the personal risks that may arise as a result. Subject to the details set out below, it is a condition of us accepting you as a participant in our tours and programmes and that you accept responsibility for (1) your own safety (and of any children or other participants in your care) and (2) loss and damage (whether direct or consequential), injury or death which you may suffer as a result of participating in our tours and programmes.
Where our programmes and tours have rules of use in place, it is a condition of your participation in our tours and programmes that you have read and obey those rules.
Alcohol and Drugs
Unless notified by Meridian Travel in writing otherwise, UNDER NO CIRCUMSTANCES are you to participate in our tours and programmes while under the influence of alcohol or drugs (other than prescription drugs). If you take prescription drugs, you should obtain medical advice on the effect of those drugs in relation to your co-ordination, perception and health and make your own assessment as to whether it is safe (for you and other users) to participate in our tours and programmes.
Health and Fitness
In relation to any of our tours and programmes which involve physical activity, then if you are unsure about your health you should obtain a medical certificate before you participate in our tours and programmes.
You acknowledge that you will review your own personal insurance arrangements regarding injury, death, loss and damage you may suffer as a result of participating in the tours and programmes. We
require you to take out travel insurance and provide us with your insurer’s name, the policy number and the insurer’s 24 hour emergency assistance telephone number.
You agree that if you(or a child in your care) require urgent medical treatment in connection with your participation in our tour or programme, Meridian Travel can make such arrangements as we think are reasonable or necessary and that you agree to indemnify Meridian Travel for all costs of providing such treatment (including medical specialists, ambulance services, medical services and hospital attendances) on your behalf. You further release us from all liability for the provision of such services.
If you buy tickets to participate in our tours and programmes for another person (including a person under 18 years) then by signing this document, you agree to this Waiver of Liability and our Terms and Conditions of Sale on their behalf. You should think carefully about the consequences of waiving or limiting that person’s legal rights against us. You may incur personal liability to that person, including for any injury or death of that person and liability to us for the conduct of that person, for which we are not responsible. Further, any person under 18 must be accompanied by an adult guardian at all times who will be responsible for their supervision throughout any such tour or programme. Meridian Travel will not be responsible for the supervision of any person under 18 years. If a person under 18 years is not accompanied by an adult guardian, they will not be permitted to participate in any tour or programme.
Consent to Video and Photography
Meridian Travel may photograph or film all or parts of any of the tours or programmes in which you are participating. You hereby consent to Meridian Travel publishing any such photograph, video or film for any purpose in any form.
Limitations of Liability- Legal Fine Print
To the extent permitted by law, Meridian Travel and its related bodies corporate, directors, employees or agents do not accept liability for:
- any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, loss of profits or savings or damages for disappointment) suffered in connection with any injury, damage, death, accident, loss, delays, additional expenses or inconvenience, sickness, acts or omissions, or defaults by Meridian Travel or any third party suppliers of tours and programmes conducted by or on behalf of Meridian Travel whether as a result of negligence, breach of contract or misrepresentation, use of this website, mechanical failures, quarantine, weather, terrorism, re-routing, re-scheduling or act of any government authority, act of nature, force majeure or any matters over which Meridian Travel has no control or which are not preventable by the reasonable actions of Meridian Travel.
- any loss or damage which is indirect, consequential or economic loss, incidental damage, loss of profits or savings or damages for disappointment suffered as a result of you booking or participating in any tours and programmes provided by which are not excluded under (i).
The liability of Meridian will also be limited by the application of any relevant international conventions including, without limitation, conventions relating to air, sea and train travel and accommodation.
You have rights under the Competition and Consumer Act 2010 (Cth) (“Act”) and the limitations expressed in this clause are subject to and not intended to exclude or restrict the rights or consumer guarantees under the Act. Under circumstances where the liability of Meridian Travel cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required by all applicable laws including the Australian Consumer Law.