Terms & Conditions
ASSUMPTION OF RISK AGREEMENT
We at Mt Barney try hard to protect our clients from death, injury, maiming etc., in order to try and ensure that you have a most wonderful time during your stay. Despite our best efforts to keep you safe, there are certain risks and responsibilities that you need to accept. You must be fully aware that MT BARNEY RETREAT is a remote area and does not offer the normal safety and protection which is found in cities or country towns.
IT IS A CONDITION THAT IF YOU COME TO MT BARNEY RETREAT, YOU MUST USE YOUR OWN COMMON SENSE AND YOU ARE RESPONSIBLE FOR ANY MISHAPS THAT MAY OCCUR TO YOU AND YOUR POSSESSIONS, WHETHER DUE TO THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
We reserve the right to change this website and these conditions at any time. We also reserve the right to refuse permission to anyone, and may require anyone to leave the property at any time without our giving notice or reason.
ASSUMPTION OF RISK FORM
Description of Activity: MT BARNEY RETREAT (the OPERATOR)
1. The CUSTOMER must disclose any pre-existing medical or other condition that may affect the risk that either the CUSTOMER or any other person will suffer injury, loss or damage.
2. The CUSTOMER acknowledges that the OPERATOR relies on the information provided by the CUSTOMER, and the CUSTOMER states that all such information is accurate and complete.
3. The CUSTOMER understands and acknowledges the dangers associated with the consumption of alcohol or any mind altering substance before or during the described activity, and the CUSTOMER accepts full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind altering substance.
4. The CUSTOMER agrees with the OPERATOR that the CUSTOMER will obey and will comply with all rules and directions made or given by the OPERATOR in connection with the described activity. If a CUSTOMER fails to comply with the OPERATOR’S rules and/or directions, the CUSTOMER will not be permitted to continue the described activity, and no refund will be given.
5. The CUSTOMER accepts all risks associated with the activity, including the possibility of injury, death, loss or damage.
6. The CUSTOMER agrees to indemnify the OPERATOR against all claims made by any other person or company against the OPERATOR in respect of any injury, loss or damage caused by the actions or inactions of the CUSTOMER.
7. The CUSTOMER agrees and acknowledges that, to the extent permitted by law, the OPERATOR shall not be liable for any injury, loss or damage suffered by the CUSTOMER or by any other person, arising from or in connection with the CUSTOMER'S participation in the activity, whether such injury, loss or damage was caused directly or indirectly by the negligence of the OPERATOR or otherwise, or by the OPERATOR'S servants or agents. The CUSTOMER hereby releases the OPERATOR from all such claims, and indemnifies the OPERATOR against all claims made by or on behalf of any other person.
8. All accidents, injuries, loss or damage must be reported by the CUSTOMER to the OPERATOR before the CUSTOMER leaves the OPERATOR'S property/tour.
9. If the CUSTOMER suffers any injury or illness, the CUSTOMER agrees that the OPERATOR may provide evacuation, first aid and medical treatment at the CUSTOMER'S expense and the CUSTOMER'S acceptance of these terms and conditions constitutes the CUSTOMER'S consent to such evacuation, first aid and/or medical treatment.
10. Although the OPERATOR will utilise his best endeavours to honour the tour as specified in the booking, the OPERATOR may change any tour destination, content, or timing to fit in with weather conditions, mechanical failures, participant ability or other conditions and no refund will be given as a result of having to make such alterations in such conditions.
11. In the case of children under the legal age the parent/custodian takes full responsibility for them and agrees fully to these conditions on their behalf.
12. In the event that the CUSTOMER’s vehicle breaks down, becomes lost, does not return to the camping area at an agreed time, or needs his/her vehicle to be towed or salvaged, such that a recovery operation needs to be mounted, then the CUSTOMER will be fully responsible for the losses and costs incurred by the OPERATOR.
13. Conditions in this contract that may be found to be outside of governing laws shall not void this contract, but the contract shall be read in the OPERATORS favour, to the maximum as permitted by those laws.
All bookings require full payment. This secures your booking.
Any cancellations made less than 5 days prior to check in will result in full forfeit of payment. If a cancellation is made more than 30 days in advance, the payment will refunded or transferred by either a refund of the monies (incurs a $30 administration fee) or 100% of the payment may be held in credit and transferred to another booking with 12 months.
If you do not keep your reservation without notifying us, your payment is strictly non-refundable.
I HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND THIS ASSUMPTION OF RISK AGREEMENT.