Terms of Use

 

OUR DUTY

1. Your Escape Reservation

  1. On receipt of your deposit, subject to availability, Elevate Fitness Escapes will reserve your place on your selected Escape. An agreement is only made between you and us upon your booking being confirmed and accepted by us and our written confirmation to you.

2. If We Cancel or Change Your Escape 

  1. Although highly unlikely, Elevate Fitness Escapes reserves the right to change or cancel your booking in accordance with operating requirements or circumstances beyond our control.

  2. Should change or cancellation prove necessary Elevate will give you reasonable notice thereof, in the circumstances, and where available, offer you a comparable alternative.

  3. If an alternative is not available or acceptable you will be entitled to either a full refund of monies paid by you to us, a transfer to another Elevate Fitness Escape without payment of any transfer fee or a credit notice valid for 6 months.

  4. If the change or cancellation is due to force majeure (i.e. circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic, pandemic or health risk, Acts of God, adverse weather conditions or other similar events beyond Elevate Fitness Escapes’ control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking i.e payments to hotels.

  5. Elevate Fitness Escapes reserves the right in cancelling Escapes with less than 6 participants. Elevate Fitness Escapes is not responsible for the costs of any other travel arrangements affected due to our cancellations or rescheduling of any Escape departure. Elevate Fitness Escapes strongly recommend travel insurance is purchased as part of your holiday plans to cover any such cancellations.

  6. All refunds will be returned by the same method of payment made to Elevate Fitness Escapes through our payment system. Elevate Fitness Escapes cannot be held responsible for any fees your bank charge to accept this refund. Refund amounts are dependent on the bank’s currency conversion on the day. Elevate Fitness Escapes cannot be held responsible for any gains or losses made by you in this transaction

3. Elevate Fitness Escapes Details and Conditions

  1. Elevate Fitness Escapes will do their best, at their discretion, to select accommodation, optional excursions and transportation to give you good value for money.

  2. Elevate Fitness Escapes will match you up with someone of the same sex when booked in a Share room configuration unless otherwise advised.

  3. Elevate Fitness Escapes constantly strives to improve Escape itineraries and features. If such improvements can be made, or unforeseen circumstances beyond our control make changes necessary, we reserve the right to vary itineraries. Elevate Fitness Escapes is not responsible for any other travel arrangements affected due to our cancellations.

4. Liability

  1. Your travel agent shall, on the receipt of any monies, hold such monies for you until the booking is confirmed at which time those monies shall be remitted promptly by your travel agent to us. All such monies received by us will be deposited as required by law.

  2. All monies paid by you to us through your travel agent or otherwise, whether in respect of the deposit or full payment, may be disbursed by us as and when we see fit, in respect of the services to be provided and/or fees payable under the Escape program. The payment of a deposit or any other monies in respect of your Escape shall be deemed to be an authorisation for disbursement thereof as aforesaid.

FOR YOUR INFORMATION

5. Booking Your Escape

  1. In order to reserve your Escape, a deposit of $400AUD per person per Escape, or the full amount payable if the booking is made within 60 days of your Escape, must be submitted to Elevate Fitness Escapes by you in respect of that Escape. This payment is in addition to any deposit required by your travel agent. The deposit is accepted as a first installment of the Escape price by Elevate Fitness Escapes only once the booking has been confirmed in writing by Elevate Fitness Escapes or your travel agent.

  2. Your reservation will be confirmed on receipt of a non-refundable deposit of $400AUD per person per Escape which must be within 4 days of booking or the reservation will automatically be cancelled. The remaining balance, full amount from which the deposited amount is deducted, is to be paid upon the date stated in the calculation/proforma invoice.

  3. Your successful payment of your deposit will also act as confirmation that you have read and agree with these Terms & Booking Conditions. 

  4. Any special meal requirements will be made on a request basis only. Elevate Fitness Escapes cannot guarantee special meal requests nor will it assume any responsibility or liability if clients’ special meal requirements are not fulfilled.

  5. You may also request additional information via email regarding transfer and general transportation information from your arrival point to the Hotel. Elevate Fitness Escapes will assist you with additional information and possible organization if needed within its possibilities.

  6. Proceeding with Full Payment online by credit or debit card. 100% payment in advance by credit or debit card (Visa, MasterCard, Maestro) plus a standard processing fee.

  7. Booking correspondence is made by email. You take responsibility to set email filters to accept our email address. No extensions will be given for misplaced emails filtered into junk mail folders.

6. Paying the Balance

  1. Credit Card Bookings: Elevate Fitness Escapes should be advised of your credit card number when making your reservation directly with us. For security purposes, we are required to collect the card expiration date and the customer verification code. A processing fee may be applied at the time of payment.

  2. The balance of the Escape must be paid no later than 60 days prior to your departure date which shall be by the due date stated on the confirmation issued to you by Elevate Fitness Escapes. Failure to make payment by the due date may result in your place being offered to our waitlist and forfeiting your non-refundable deposit.

  3. Sale or Discounted fares: Full payment of these fares must be made within 30 days of deposit issue date (or less if stated in conditions of the sale offer). If deposit issue date is within 60 days of your departure date, the full cost of the Escape will be payable immediately. Instalment option is not available for Sale fares.

  4. Any discount promo codes must be used during booking process. Discounts cannot be applied after the booking is made, no exceptions.

  5. If payment isn’t made by the due date, Elevate Fitness Escapes may assume that you have cancelled and cancellation charges in accordance with clause 7.3 below will be levied by Elevate Fitness Escapes.

  6. Tickets and other documents won’t be forwarded until full payment has been received by us. The Final Travel Documents will be sent approximately 21 days prior to your Escape departure date.

  7. Elevate Fitness Escapes reserves the right to cancel the booking and apply cancellation charges should payments not be received within the above specified periods.

7. If You Cancel

  1. Notice of cancellation must be made in writing (email) to Elevate Fitness Escapes.

  2. If you cancel more than 61 days before departure, your deposit of $400AUD per person will not be refunded, nor can it be credited to any other booking.

  3. Upon cancellation you will be liable to pay a fee to cover the estimate of cost and expenses incurred by us in the terms of the schedule set out hereunder. This is expressed as a percentage of the Escape price and is calculated as follows:
    More than 61 days notice: Deposit is forfeited
    60-46 days: 30% of Escape fare is forfeited
    45-31 days: 50% of Escape fare is forfeited
    30-16 days: 75% of Escape fare is forfeited
    15 or less: 100% of Escape fare is forfeited

  4. Where the percentage cancellation fee is less than the Escape deposit, the cancellation fee will equal loss of deposit. If the reason for cancellation falls within the terms of any Escape insurance policy which you hold, then any such charges may, subject to the terms of your insurance policy, be refunded to you by the insurance company.

  5. Any cancellation of additional services within 14 days from date of service, such as pre and post accommodation and transfers, will incur a 100% cancellation fee. For cancellation of additional services outside of 14 days from date of service, please refer to the above cancellation policy.

  6. These cancellation fees are in addition to any cancellation fees that may be levied by your travel agent.

  7. All refunds will be returned by the same method of payment made to Elevate Fitness Escapes. Elevate Fitness Escapes cannot be held responsible for any fees your bank charge to accept this refund. Refund amounts are dependent on the bank’s currency conversion on the day. Elevate Fitness Escapes cannot be held responsible for any gains or losses made by you in this transaction

8. If You Change Your Booking

  1. If after your booking has been confirmed and more than 60 days prior to Escape departure, you wish to change to an alternate departure date or you wish to change to a different Elevate Fitness Escape, you may do so subject to availability and provided the new Escape date is still currently advertised.

  2. A fee of $100AUD per person will be charged for any revision or alteration made to a reservation after the booking is confirmed unless the change increases the value of the booking, in which case the difference must be paid. A change of Escape date or Escape itinerary booking within 60 days of the Escape will be treated as a cancellation, and normal cancellation fees will apply except when the change is to a different Escape date of equivalent or greater value in which case a $250AUD per person amendment fee will be charged.

9. Escape Details and Conditions

  1. Please read the Escape details online carefully for those items included in the price. No allowance or refund can be made for meals, accommodation, excursions, etc. that you elect not to take, or when shops, etc. are closed.

  2. Elevate Fitness Escapes strives to provide a safe, enjoyable and memorable travel experience for all guests. Elevate Fitness Escapes welcomes guests with special needs or disabilities.

However, please note the following:

  1. All guests must ensure they are medically and physically fit for travel. Elevate Fitness Escapes may impose safety requirements necessary for the safe operation of the Escape. Elevate Fitness Escapes may also exclude an individual from participating in a Escape or an activity if that individual’s participation poses a direct threat to health or safety.

    1. Elevate Fitness Escapes does not provide personal devices (such as wheelchairs, hearing aids or prescription eye glasses) or services of a personal nature (such as pushing a wheelchair or assistance in eating, toileting or dressing). A companion capable of providing such assistance must accompany any passenger who requires services of a personal nature.

    2. Elevate Fitness Escapes does not employ medical personnel. Any necessary medical attention will be provided by a local facility at the guest’s expense. Elevate Fitness Escapes is not responsible or liable for any losses or costs incurred as a result of medical services obtained while on an Escape, or for the quality of the care or services received.

    3. Guests should be aware some Escapes include rough terrain when on land, extensive walking over cobblestone streets, uneven pavement, steps and locations which may not be easily accessible. During the Escape, Elevate Fitness Escapes may make arrangements with independent suppliers to provide travel services. These parties are independent entities over which Elevate Fitness Escapes has no control. Elevate Fitness Escapes cannot guarantee disability access or accommodations for all guests.

  2. Elevate Fitness Escapes may, at its sole discretion, decline the booking of any passenger or remove any guest(s) who cannot comply or refuses to comply with Elevate Fitness Escapes’ terms and conditions. Elevate Fitness Escapes is not responsible for any costs incurred in the event a guest is removed from an Escape. Guests agree not to hold Elevate Fitness Escapes or any of its related entities liable for any actions taken under these booking conditions.

  3. You are responsible for all travel arrangements and costs to/from the point of commencement/conclusion of the Escape.

  4. There may be times when the Elevate Fitness Escapes Representative has to make a decision in your best interests or the best interests of their group. You agree to comply with the authority and decisions of the appointed Elevate Fitness Escapes Representative and the laws of the country in which you are travelling. If you do not so comply or if, in the Elevate Fitness Escapes Representative’s opinion, you are not compatible with the general enjoyment and well being of other members on the Escape or smooth operation of the Escape itself, we reserve the right to refuse to let you continue with the Escape. We do not tolerate the possession or carriage of illegal or restricted substances (drugs). Furthermore, you agree that your fellow guests and any Elevate Fitness Escapes Representative has the right to travel/work in a safe environment. Any threats to their safety, well-being or inappropriate behaviour by you, whether verbal or physical, will be taken extremely seriously and may result in the immediate termination of your Escape. In either event, you will be responsible for your own repatriation and related costs and have no claims against us.

  5. You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodation. You are advised to immediately report any pre-existing damage in your room to staff and/or the Elevate Fitness Escapes Representative as soon as it is discovered.

  6. Guests are obliged to follow hotel rules.

  7. It is your responsibility to have a valid passport and all visas, permits and certificates required for your selected vacation as well as any necessary vaccinations and to comply with all applicable laws. Elevate Fitness Escapes is not responsible for any costs incurred as a result of failing to obtain necessary visas. Any costs whatsoever regarding obtaining, replacing or changing visas whilst on the Escape (including accommodation, meals, flights and transfers incurred due to associated delays) are at your own expense.

  8. You agree that our Elevate Fitness Escapes Representatives may take photographs and films of you while you are on Escape and that these may be used in our brochures and/or advertising or publicity material without obtaining any further consent or payment in respect of such photographs and/or films.

  9. If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity and enforceability of the other provisions shall not be affected.

  10. If you are unsuccessful in any legal action instituted against us, you agree to pay all our costs, including but not limited to, attorney/client costs.

  11. Should you have a complaint in respect of the Escape, you should inform the Elevate Fitness Escapes Representative during the course of the Escape and if the matter cannot be resolved after the representative’s best endeavours to do so during the Escape, your complaint will be followed up after completion of the Escape.

  12. Should any dispute arise concerning this policy, the dispute will be determined in accordance with the law of Australia and the States and Territories thereof. In relation to any such dispute the parties agree to submit to the jurisdiction of any competent court in Victoria, Australia.

10. Insurance

  1. It is compulsory that you take out comprehensive insurance cover for cancellation, personal injury, death, medical expenses, repatriation expenses and evacuation expenses before you travel on an Elevate Fitness Escape. We strongly recommend your insurance also covers cancellation, personal liability and loss of personal property. Please check that the insurance covers all of the activities that you are going to be participating in. Some policies exclude certain adventure activities. This should be arranged at the time of payment of the deposit and will, in certain circumstances, cover you against loss of deposit or cancellation fees from the date of confirmation of your booking, as shown in the insurance policy. Elevate Fitness Escapes cannot be held responsible for your failure to take out appropriate insurance. You also agree to indemnify us against all third-party claims, actions, damages and remedies which may be brought against us in respect of your participation in the Escape.

11. Illness or Absenteeism

  1. In the event of your withdrawal from your Escape after the commencement as a result of illness, you must obtain a medical certificate in support of any insurance claim. No refunds will be made for any absence from the trip.

12. What’s Not Included In Your Escape Price

  1. Airfares to and from your Escape destination, airport taxes, passport and visa fees, insurance, laundry, phone calls, beverages, personal expense money, medical fees, sightseeing, visits, entrance fees and meals not detailed in the itinerary, tips to Trip Managers, crew, representatives and local guides, items of a personal nature, excess baggage, optional excursions and anything else not listed in the ‘What’s Included’ section.

13. Weather Conditions

  1. Under no circumstances can Elevate Fitness Escapes be held responsible for weather conditions, nor can any Escape be cancelled or amended by you at any time on the basis of any weather conditions. Your safety is our priority.

14. Special Note for Hotels

  1. Guests have to follow all Hotel rules and in case of inappropriate behavior Elevate Fitness Escapes/Hotel Management reserves the right in asking clients to leave.

  2. Elevate Fitness Escapes will not be responsible for any accidents that may occur in the Hotel and insist that clients are informed of this.  

GENERAL

15. Contracting Parties

  1. The Booking Conditions detailed herein contain the entire contract between you and Elevate Fitness Escapes. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by a duly authorised officer or director of Elevate Fitness Escapes.

  2. Your contract is with us as the Escape operating company. At any time and at our complete discretion we may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which we may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with us. We may at our complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you.

  3. Transportation companies, airlines etc. are not to be held responsible for any act, omission or event during the time guests are not on board planes, transportation or conveyances. We rely on international convention, national and international law which may apply to the services provided by us, our suppliers or agents with respect to any claim of any nature brought by you against us as a result of the provision of those services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol and Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for Hotels. We are to be regarded as having all benefit of these conventions on limiting our liability in relation to any claim for death, injury, loss, damage and delay to travellers and luggage. Enrollment in and payment for a Escape shall constitute agreement and acceptance by the passenger of the terms and conditions set forth in this brochure which cannot be varied except in writing by an officer of the Company.

  4. Elevate Fitness Escapes is not a carrier or hotelier nor does it own vessels, hotels or coaches. All bookings with carriers, hoteliers and other service providers are subject to the terms and conditions and limitations of liability imposed by those carriers, hoteliers, and other service providers. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst we cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third-parties, we will give every reasonable assistance in helping to resolve any reasonable dispute.

  5. Please note that no carrier depicted or recommended in this brochure by virtue of their endorsement of this brochure represent themselves either as contracting with any purchaser of an Escape from Elevate Fitness Escapes or as having any other legal relationship with any such purchaser.

  6. Every effort is made to ensure our website is accurate, however Elevate Fitness Escapes cannot be held responsible for typographical errors, or errors arising from unforeseen circumstances.

18. Operating Companies

  1. Elevate Fitness Escapes’s are operated by Elevate Fitness Escapes Pty Ltd.