tour service agreement.

1. contract documents and booking

1. your contract comprises this agreement, the booking confirmation, the itinerary and inclusions published for your departure (trip information), the code of conduct and the participant liability waiver.
2. if those documents are inconsistent, any expressly agreed special condition prevails, followed by the booking confirmation, the trip information and then this agreement, but only to the extent of the inconsistency.
3. website photographs, maps, social-media posts and general promotional descriptions are illustrative. only the trip information and booking confirmation identify the services included in your booking.
4. a booking request is not accepted until we receive the required deposit, complete any reasonable eligibility checks and issue a booking confirmation.
5. if one person makes a booking for others, that person confirms they are authorised to provide the others' details and receive booking communications. this does not replace each participant's obligation to personally accept the required documents.
6. you must promptly check the booking confirmation and tell us about any error. names must match passports.

2. eligibility and trip suitability

1. the trip is designed for travellers aged 20 to 35. a participant must be at least 18 and satisfy any stated age or activity requirement. we may decline a booking outside the advertised group profile where that is a genuine feature of the trip, subject to applicable law.
2. group size is ordinarily no more than 20 participants. the minimum required for a departure is 8 participants (minimum number).
3. the trip is active and may include surfing, swimming, hiking, uneven terrain, safari travel, road transport, nightlife and other activities described in the trip information. you must consider whether the trip is suitable for your health, fitness, mobility, experience and personal circumstances.
4. you must comply with the laws of each place visited. Sri Lanka's legal drinking age is currently understood to be 21. a participant who is under the local legal drinking age must not buy or consume alcohol or take part in an alcohol-restricted activity. ineligibility under local law does not itself create a refund or compensation right.
5. we do not promise that every participant will be compatible with the group, and we are not an insurer or guarantor of another participant's conduct. we will, however, use the powers in this agreement to respond reasonably to reported safety or conduct concerns.

3. price, deposit and payment

price and deposit

1. the trip price is the amount in the booking confirmation, in australian dollars and inclusive of GST where applicable. a $300 deposit per participant is payable at booking.
2. the deposit is fully refundable if you cancel 60 days or more before departure. it becomes subject to the cancellation provisions below from 59 days before departure.
3. unless the booking confirmation says otherwise, the full balance must be received 30 days before departure. a booking made within 30 days of departure must be paid in full when accepted.

payment method and processing

1. payments are processed through Stripe or another disclosed payment processor. the processor's terms and privacy practices also apply. we do not ordinarily receive or store complete card details.
2. any card surcharge will be disclosed before payment and will not exceed the amount permitted by law. you authorise correction of an obvious processing error after we notify you.

late or missing payment

1. if an amount is overdue, we will first use reasonable efforts to contact you and give written notice allowing 3 business days to remedy the default.
2. if payment remains outstanding after that period, we may cancel the booking by written notice. the participant-cancellation provisions then apply, but any amount claimed beyond sums already paid is limited to our reasonable, unrecovered loss and supplier commitments arising from the cancellation.

4. what is included and excluded

1. the current trip is a guided Sri Lanka itinerary of approximately 15 days and 14 nights. only the version of the trip information linked to your departure and your booking confirmation is binding.
2. unless the trip information says otherwise, included services may comprise accommodation, specified internal transport, listed activities and entry tickets, services of the trip leader and approximately 21 meals, including breakfasts and selected dinners.
3. international flights, passports, visas, travel insurance, optional activities, most lunches, personal expenses, excess baggage, vaccinations, medical costs, airport transfers not expressly listed, and meals or services not expressly identified as included are excluded.
4. accommodation and room configuration are as stated in the trip information. room-mate, bedding, view, floor, gender mix and other preferences are requests only unless confirmed as a special condition.
5. an optional activity is not part of our contracted trip services unless we expressly sell and confirm it. a local provider's own terms, eligibility rules and waivers may apply.
6. you are responsible for arriving at the meeting point on time. if you miss the start or any included service, we will reasonably assist where practicable, but replacement travel and other catch-up costs are yours unless the failure was caused by our breach.

5. minimum numbers and departure confirmation

1. we intend to tell booked participants whether the minimum number has been reached no later than 65 days before departure (minimum-numbers confirmation date). we may confirm earlier. this gives you at least 5 calendar days after our notice to cancel while still qualifying for the full-refund treatment that applies at 60 days or more before departure.
2. until we give written confirmation that the departure will proceed, you should not book non-refundable flights, visas, accommodation or other arrangements.
3. if the minimum number is not reached, we may cancel the departure and will refund all amounts paid to hardly solo for that trip. we are not responsible for independently purchased flights, visas, accommodation, insurance or other arrangements, subject to any non-excludable right.
4. the minimum number is not a promise that 8 participants will ultimately travel. later cancellations, illness or other events may reduce the group after confirmation.

6. cancellation by you

1. a cancellation must be sent to hello@hardlysolo.com and is effective when received. the following cancellation charge applies to the trip price, subject to the fairness adjustment below:
   1. 60 days or more before departure: no cancellation charge; amounts paid are refunded in full.
   2. 59 to 30 days before departure: 50% of the trip price.
   3. 29 to 14 days before departure: 75% of the trip price.
   4. 13 days or less before departure, failure to attend, or leaving voluntarily after the trip begins: 100% of the trip price.

2. the tiers reflect the declining opportunity to resell the place, supplier commitments and administrative work. if the applicable charge would exceed our reasonable net loss after avoided or recovered costs and a reasonable allowance for administration, we will reduce or refund the excess.
3. if the charge exceeds amounts already paid, we may recover the shortfall only to the extent it represents our reasonable, unrecovered loss or supplier commitments. we will provide a reasonable explanation on request.
4. we strongly recommend insurance covering cancellation and interruption. illness, injury, personal circumstances, flight disruption, refusal of a visa and change of mind remain participant cancellations unless this agreement or applicable law provides otherwise.

7. changes requested by you

1. a request to change a name, departure or other booking detail is subject to availability, supplier approval and any reasonable supplier cost. we will tell you the cost before implementing the change where practicable.
2. a booking may not be transferred without our written approval. a replacement participant must satisfy all eligibility, information, insurance, payment and waiver requirements.
3. a material transfer or departure change may be treated as a cancellation and new booking if reasonably necessary because of supplier restrictions or the nature of the request.

8. changes or cancellation by hardly solo

itinerary changes

1. travel in Sri Lanka involves variable road, weather, wildlife, cultural, supplier and safety conditions. we may make a reasonable change to sequence, transport, accommodation, meals, activities or trip leadership where needed for safety, law, supplier availability or proper operation.
2. we will use reasonable efforts to provide a service of comparable character and value. we will notify you of a material pre-departure change as soon as reasonably practicable.
3. if, before departure, we make a material change that substantially reduces the trip's value or main characteristics, you may accept the change or cancel within the reasonable period stated in our notice and receive a refund of amounts paid to us, less any amount the law permits us to retain.

cancellation or disruption

1. we may cancel or suspend all or part of a trip where minimum numbers are not reached, a supplier fails, or an event beyond our reasonable control makes performance impossible, unsafe or materially impracticable. such events may include severe weather, natural disaster, epidemic, government restriction, civil unrest, terrorism, border closure, transport interruption or similar events.
2. for a minimum-numbers cancellation, the specific full-refund promise above applies.
3. for another pre-departure cancellation by us, we will offer the remedy required by applicable law and ordinarily offer a transfer, credit or refund of amounts paid to us for services not supplied. any deduction for unrecoverable third-party costs will be made only where lawful, transparent and reasonable.
4. after departure, we may alter or discontinue affected services and provide reasonable assistance. any refund will reflect services not supplied, avoided costs, replacement services and applicable law.
5. we are not liable for independently booked travel or consequential arrangements merely because the trip changes or is cancelled, except to the extent caused by our breach or required by law.

9. travel insurance

1. comprehensive travel insurance is mandatory and non-negotiable for the entire trip.
2. your policy must cover overseas medical treatment, emergency evacuation and repatriation, trip cancellation and interruption, personal liability and every activity you intend to undertake, including any adventure or optional activity.
3. before departure, you must give us the insurer's name, policy number, emergency-assistance details and any reasonably requested evidence of cover. you authorise us to contact the insurer in an emergency or for a reasonably necessary coverage check.
4. if you do not demonstrate adequate cover after a reasonable opportunity to remedy the issue, we may refuse travel or participation for safety and operational reasons. any resulting cancellation is dealt with under the participant-cancellation provisions, subject to applicable law.
5. we do not advise on the suitability of a policy and are not responsible for an insurer's decision, exclusion, insolvency or claims handling.

10. passports, visas, health and travel advice

1. you are responsible for a passport, visa, entry permission, vaccination, health document and other requirement applying to your nationality, circumstances and itinerary.
2. any information we provide is general and may become outdated. you must check official sources, including Smartraveller and Sri Lankan authorities, and obtain professional advice where appropriate.
3. you bear losses resulting from invalid, missing or incorrect documents or refusal of entry, unless caused by our breach.
4. you must follow reasonable public-health and infection-control requirements notified for the trip. we will not impose a requirement that is unlawful or unrelated to a genuine health, safety or supplier need.

11. medical, fitness and accessibility information

1. you must answer traveller-information questions honestly and tell us, as early as practicable, about any medical, psychological, accessibility or other condition, medication, pregnancy, injury or circumstance that we should reasonably know to facilitate safe participation or respond appropriately in an emergency.
2. disclosure does not automatically exclude you. decisions will be based on the actual participation requirements, identified risk, available reasonable adjustments and operational limits — not merely a diagnosis, disability, body size, pregnancy or mental-health history.
3. we may reasonably ask for further information or medical clearance where necessary to assess a material safety or participation issue. we will handle health information under our privacy policy.
4. you must promptly update us if relevant circumstances change. you are responsible for bringing and managing medication and necessary aids, subject to carrier and border rules.
5. we will consider reasonable adjustments but do not provide personal care, clinical supervision or one-to-one support unless expressly agreed. you must tell us before booking if you require support so feasibility and costs can be assessed.

12. safety, directions and emergencies

1. you must take reasonable care of yourself and others and follow reasonable safety, meeting-time, route and conduct directions from the trip leader and activity providers.
2. where your conduct or condition creates an actual and material risk, we may take proportionate steps, including giving a direction or warning, excluding you from an activity, temporarily separating you from the group, contacting your emergency contact or insurer, arranging assistance, transport or treatment, or ending your participation if the risk cannot reasonably be managed.
3. urgent steps may be taken without a prior warning where reasonably necessary. decisions will be based on observed conduct and risk, not diagnosis alone.
4. if you are incapacitated or cannot provide informed instructions, you authorise us to seek or arrange medical treatment, evacuation or repatriation that we reasonably consider necessary. we do not guarantee the availability or outcome of care.
5. you are responsible for treatment, medication, evacuation, repatriation, additional accommodation and associated costs, except to the extent caused by our breach or recoverable under applicable law. we may seek payment or insurer authorisation on your behalf.

13. code of conduct and removal

1. you must comply with the code of conduct in schedule 1. a serious or repeated breach may result in removal from an activity or termination of participation.
2. where practicable, we will consider seriousness, immediate risk, prior conduct and whether a warning or lesser measure is appropriate. violence, threats, sexual misconduct, serious harassment, dangerous conduct or illegal drug conduct may justify immediate action.
3. a participant whose participation is terminated must leave the group or relevant premises as reasonably directed and is responsible for onward travel and related costs. no refund is due for unused services to the extent the termination was reasonably caused by that participant's breach, subject to applicable law.
4. you should promptly report safety, harassment or misconduct concerns to the trip leader or hello@hardlysolo.com. we will respond reasonably but cannot promise confidentiality where disclosure is needed for safety, fairness or law.

14. alcohol, drugs and nightlife

1. alcohol and nightlife may be available, but participation is optional. you remain responsible for your choices, consumption, property, personal safety and compliance with venue and local laws.
2. do not provide alcohol to a person who is under the local legal drinking age. we are not responsible for a participant's breach of local alcohol law.
3. serious intoxication, possession or use of illegal drugs, supplying substances, unsafe conduct or interference with others may result in the safety and removal measures above.
4. a participant must not engage in sexual activity without free and continuing consent. intoxication may affect capacity to consent. sexual harassment, coercion, exploitation and non-consensual conduct are prohibited.

15. suppliers and optional activities

1. we arrange parts of the trip through independent accommodation, transport, activity, restaurant, guide and other suppliers. we remain responsible for our obligations under this agreement and applicable law, but do not control every act of an independent supplier.
2. supplier terms, safety rules, waivers and lawful eligibility limits may apply. you must follow them if they are provided before participation and are consistent with your mandatory rights.
3. an optional activity booked directly with a third party is a separate contract. we may help with information or reservations, but do not adopt responsibility for that activity merely by recommending or facilitating it.
4. wildlife sightings, surf conditions, weather-dependent events and similar natural experiences are not guaranteed.

16. media consent and licence

1. hardly solo does not offer a general guarantee that a participant can be excluded from all group or background media. however, you may notify us before or during the trip of a reasonable concern about identifiable or featured promotional use. we will consider that request reasonably, having regard to the nature of the trip, material already created or published, operational practicality, safety and applicable law. you consent to us and persons acting for us photographing, filming and recording your name, image, likeness, voice, statements and participation during the trip (media).
2. you grant us a perpetual, worldwide, royalty-free, transferable and sublicensable licence to capture, reproduce, edit, adapt, combine, publish, communicate, distribute and otherwise use the media on our website, social media, digital platforms, advertising, publicity, promotions and future marketing.
3. you acknowledge that media may be publicly accessible, copied or shared by others, may remain in existing campaigns and archives indefinitely, and may be used after your trip. you waive any right to inspect or approve final material and any right to payment, to the extent permitted by law.
4. we will not knowingly use media in a materially misleading, defamatory or humiliating way, or deliberately publish disclosed sensitive medical information.
5. where applicable privacy law requires consent to be withdrawable or a different lawful basis, those mandatory rights prevail. withdrawal does not ordinarily require recall of lawful uses already made and may not require removal from completed print material or third-party resharing beyond our reasonable control.

17. privacy and information sharing

1. we collect, use and disclose personal and sensitive information under our privacy policy, available on our website and on request.
2. you consent to reasonable collection and use of health, medication, dietary, accessibility, emergency-contact and insurance information needed to facilitate the trip and respond to emergencies.
3. we may disclose the minimum reasonably necessary information to Sri Lankan and other suppliers, emergency services, insurers, professional advisers and authorities. we will de-identify sensitive information before supplier disclosure where reasonably practicable.
4. if you provide information about another person, including an emergency contact, you must be authorised to do so and should tell them how we may use it.

18. risk warning and participant waiver

1. the trip and its activities involve inherent, obvious and other risks, including serious injury, illness, disability, death, property loss and financial loss. risks are described more fully in the participant liability waiver.
2. each participant must sign the participant liability waiver before departure. refusal to sign after booking is a participant cancellation unless the waiver materially differs from the version provided at booking or applicable law requires otherwise.
3. nothing in this agreement requires you to undertake an optional activity. you must make your own decision having regard to conditions, instructions, ability and insurance.

19. australian consumer law and recreational services

non-excludable rights

the australian consumer law (ACL) and other laws may give you guarantees, rights and remedies that cannot be excluded, restricted or modified. nothing in this agreement excludes those rights except where the law expressly permits it.

recreational services warning

1. this exclusion applies only to services that legally qualify as recreational services, including participation in sporting activities, leisure pursuits or activities involving significant physical exertion or risk undertaken for recreation, enjoyment or leisure.
2. it does not apply to significant personal injury caused by our reckless conduct as defined in section 139A, and it does not exclude liability that cannot lawfully be excluded.
3. to the maximum extent permitted by sections 5M and 5N of the Civil Liability Act 2002 (NSW), the risk warnings in this agreement and the participant liability waiver are given for recreational activities and the parties agree that duties of care for recreational services are modified or excluded as stated. mandatory law at the place of an activity may also apply.

20. liability, consequential loss and indemnity

liability cap

1. subject to the non-excludable-rights and recreational services provisions, our aggregate liability arising from a trip is limited to the trip price paid by the affected participant, to the extent that a monetary cap is permitted by law.
2. the cap does not apply to fraud or wilful misconduct, and does not reduce any remedy that cannot lawfully be limited. a liability validly excluded under the recreational services provisions remains excluded rather than capped.

consequential loss

1. to the maximum extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, revenue, opportunity, goodwill or anticipated savings.
2. this exclusion does not apply to personal injury or death, loss of or damage to tangible property, fraud, wilful misconduct, a participant's reasonable costs of emergency care or repatriation where caused by our breach, or liability that cannot be excluded.

participant indemnity

1. you indemnify us and our officers, workers and contractors against third-party claims, fines and reasonable costs to the extent caused by your unlawful act, breach of this agreement, negligence or intentional misconduct.
2. the indemnity is reduced to the extent the loss was caused by our negligence, breach or unlawful act, and does not require you to indemnify us for a liability that the law prohibits us from transferring.

mitigation

each party must take reasonable steps to minimise loss. we are not liable for loss that could reasonably have been avoided, including by obtaining the mandatory insurance or following a reasonable safety direction.

21. complaints and assistance

1. tell the trip leader promptly about a problem so we have a reasonable opportunity to assist or correct it. if it is not resolved, email hello@hardlysolo.com with relevant details and supporting material.
2. we will respond within a reasonable time having regard to urgency and location. delay in reporting does not remove a mandatory right, but may affect our practical ability to investigate or remedy the issue.
3. in an emergency, contact local emergency services first where appropriate, then the trip leader, insurer and us.

22. international participants and mandatory local law

1. hardly solo is an Australian business and this agreement is drafted from an Australian-law perspective. a mandatory consumer, package-travel, privacy, safety or other law of your home country or the place where services are supplied may also apply.
2. nothing in this agreement excludes a mandatory right under applicable law. if a mandatory law gives you a greater right or imposes a duty inconsistent with this agreement, that law prevails to the extent of the inconsistency.
3. the availability of a booking to an international participant is not a representation that this agreement alone satisfies every local registration, insolvency-protection, representative or disclosure requirement.

23. notices

1. a notice under this agreement must be in English and sent by email. notices to us must be sent to hello@hardlysolo.com. notices to you may be sent to the email address in the booking.
2. an email is taken as received when it becomes capable of being retrieved at the recipient's address, unless the sender receives a failure notice or knows it was not delivered. a notice received after 5:00 pm in the recipient's location is treated as received on the next business day.
3. operational messages may also be sent through the trip's WhatsApp group, but a formal cancellation or legal notice must be emailed.

24. dispute resolution

1. a party claiming a dispute must give reasonable written details and allow the other party 14 days to respond. the parties must then try in good faith to resolve it.
2. if unresolved, either party may propose mediation in Sydney or by videoconference through an agreed mediator. the costs of mediation are shared equally unless agreed otherwise.
3. this section does not prevent urgent relief, a complaint to a regulator, an insurance claim, or proceedings in a court or tribunal where a mandatory right permits them.

25. general

governing law

this agreement is governed by the laws of New South Wales, Australia. the parties submit to the non-exclusive jurisdiction of its courts and tribunals, subject to any mandatory law that permits proceedings elsewhere.

variation

we may update standard terms for future bookings. a change after your booking does not materially disadvantage you unless you agree or the change is required by law, and we will give reasonable notice of any operationally necessary change.

severance and waiver

an invalid or unenforceable term is read down or severed to the minimum extent necessary. a delay or failure to exercise a right is not a waiver.

assignment

you may not assign a booking without our written approval. we may assign this agreement as part of a genuine sale or restructure of our business if this does not materially reduce your rights.

entire agreement

the contract documents contain the entire agreement about the trip, but do not exclude representations or rights that cannot lawfully be excluded.

currency

a reference to $ or dollars is to Australian dollars.

interpretation

booking confirmation means the written confirmation we issue accepting your booking.

business day means a day other than a Saturday, Sunday or public holiday in New South Wales.

recreational services has the meaning used in section 139A of the Competition and Consumer Act 2010 (Cth).

special condition means a term we expressly agree in writing with you and record as a special condition.

trip means the tour described in the trip information and booking confirmation for your departure.

trip price means the total price payable to hardly solo for the participant's trip, excluding independently purchased arrangements.

including and similar words are not limiting. headings assist readability and do not limit meaning. a reference to law includes amendments and replacements. a singular includes the plural and vice versa.

schedule 1: code of conduct

when the code applies

• this code applies from the first hardly solo group communication or pre-departure activity until the participant has left the trip and completed any related group arrangements. it applies during free time and optional activities where conduct may affect another participant, a supplier, a local community or hardly solo.
• the code is part of the tour service agreement. each participant is responsible for understanding it and for the conduct of any visitor they invite into group accommodation, transport or an activity.
• hardly solo will apply the code reasonably and proportionately, having regard to the conduct, actual risk, available evidence, impact on others and any immediate safety need.

respect and inclusion

• treat participants, staff, suppliers, local communities and property with respect. bullying, harassment, discrimination, intimidation, humiliation and targeted abusive conduct are prohibited.
• respect personal boundaries, names, privacy, cultural practices, religious observance, disability and accessibility needs.
• do not engage in repeated unwanted contact, online harassment, doxxing, discriminatory jokes, degrading comments or conduct that a reasonable person would understand is intimidating or humiliating.
• do not retaliate against a person who raises a concern, supports another person, gives information in good faith or declines an activity or social interaction.

violence, threats and weapons

• violence, credible threats, fighting, deliberately dangerous conduct and possession or use of an unlawful weapon are prohibited.
• do not threaten self-harm or harm to another person as a means of intimidation, control or disruption.
• hardly solo may contact venue security, emergency services or police immediately where it reasonably considers this necessary.

sexual conduct

• sexual harassment, coercion, exploitation, stalking, non-consensual touching and sexual activity without free and continuing consent are prohibited.
• consent must be voluntary, informed, specific and continuing. silence, prior intimacy, flirtation or participation in nightlife is not consent. consent may be withdrawn at any time.
• a person who is asleep, unconscious or so affected by alcohol or another substance that they cannot freely decide does not have capacity to consent.
• a report of sexual misconduct will be treated as a serious safety issue. hardly solo may separate participants, preserve information, arrange support and contact authorities without first attempting informal resolution.

safety directions

• follow reasonable safety, meeting-time, route, transport and activity instructions.
• tell the trip leader or activity provider if you do not understand an instruction, lack required experience or equipment, feel unsafe, become injured or cannot continue.
• use seatbelts, helmets, flotation devices and other protective equipment where provided or directed.

alcohol and drugs

• comply with local alcohol laws. Sri Lanka's legal drinking age is currently understood to be 21.
• serious intoxication, supplying alcohol to an underage person, illegal drugs, substance supply and conduct creating a material risk or serious disruption are prohibited.
• possessing, using, obtaining or supplying an illegal drug is prohibited. hardly solo may report suspected unlawful conduct where reasonably necessary.
• a participant remains responsible for conduct while intoxicated.

group operation and local communities

• be punctual and follow reasonable cultural, environmental, wildlife and supplier rules.
• treat accommodation, vehicles, equipment, wildlife, heritage places and local communities responsibly.
• pay for loss or damage you cause. report accidental damage promptly.

accommodation, property and privacy

• respect quiet hours, room allocations, shared facilities and reasonable security arrangements.
• do not take, search, photograph or interfere with another person's luggage, device, medication, passport, money or other property without permission.
• do not photograph or record a person in a bathroom, changing area, bedroom or other setting where they reasonably expect privacy.

social media and group communications

• use group chats and social media respectfully. do not post another person's sensitive information, live location, private message or embarrassing or intimate content without permission.
• do not use group channels for harassment, discriminatory content, threats or illegal material.

reporting a concern

• report urgent risk or serious misconduct promptly to the trip leader or hello@hardlysolo.com.
• for an immediate danger, contact local emergency services or venue security first, then notify the trip leader as soon as practicable.
• a participant must not knowingly make a false or malicious report.