Ngaro Track Pty Ltd - Terms and Conditions for Independent Walkers
Please read carefully these terms and conditions of contract. By completing and submitting the booking form, you agree to be bound by these conditions, which constitute the agreement between Ngaro Track Pty Ltd (ACN 686 281 587) (“NT”) and you.
No variation of these conditions will be effective unless in writing and signed by an authorised representative of NT. In these terms and conditions, “NT representatives” means NT’s officers, employees, contractors, licensees, agents, and other representatives, including third parties engaged by NT to facilitate booking, compliance, or safety communications.
By completing and submitting the booking form, you affirm that you:
• are over the age of 18 and legally competent to give the waiver, release, and indemnity contained in this agreement;
• understand that this document is contractual in nature, has legal effect, and is not merely a warning or provided for information purposes; and
• acknowledge that NT has relied upon your execution of this agreement in allowing your participation.
Where this document is signed on behalf of a participant under 18 years of age, the parent or guardian signing covenants to these terms and conditions and accepts liability in respect of any claim, liability, or cause of action arising out of or incidental to the child’s participation in the walk.
1. How to Book
As the Ngaro Track booking system for independent walkers, all participants must pre-book a booking through NT’s booking platform. Full payment and walker details are required at the time of booking. No reservation will be held without payment.
2. Eligibility, Age and Minors
Bookings may only be made by persons 18 years or older. Where a participant is under 18, a parent or legal guardian must complete the booking and accepts these Terms on the minor’s behalf. The supervising adult is responsible for the minor’s compliance and safety at all times.
3. Pricing
All prices are listed in Australian dollars and include GST. Prices are per person and subject to change. Prices include a track booking and access to designated campsites but exclude marine transfers, gear hire, and other services unless explicitly stated.
4. Cancellations and Refunds
Cancellations by you (for any reason):
• More than 40 days before departure - 25% cancellation fee applies.
• Less than 40 days before departure - no refund will be issued.
• Failure to book, confirm, or arrive in time for your marine transfer will result in forfeiture of your walk booking and no refund or credit will be provided.
Cancellations due to Track closures:
If the Ngaro Track is officially closed by the Queensland Parks and Wildlife Service (QPWS) due to weather, safety, or access restrictions, you may be eligible for a refund less a 25% administration fee. Refunds will be issued only to the original payment method. Requests must be made in writing within five (5) days of the booked departure date and, if approved, will be processed within twenty-one (21) days.
Cancellations due to marine transfer cancellations:
If access to or from the Ngaro Track is prevented due to the cancellation of marine transfers by a licensed commercial operator, and no reasonable alternative is available, you may be eligible for a refund less a 25% administration fee. Refunds will be issued only to the original payment method. Requests must be made in writing within five (5) days of the booked departure date and, if approved, will be processed within twenty-one (21) days.
Credits are not offered.
5. Booking Amendments
Changes to bookings (including substitution of walkers) are not permitted. You may cancel and rebook subject to the cancellation terms in clause 4.
6. Non-Transferability and Identification
Bookings are personal to the named walkers and are not transferable. Substitution of walkers is not permitted. NT, marine operators, or land managers may request identification to verify booking details.
7. Self-Guided Nature of Services
NT facilitates the sale and issue of independent walker bookings only. NT does not guide, supervise, escort, or monitor walker progress and is not a carrier or transport provider. Walkers are solely responsible for navigation, personal safety, and compliance with all park rules and lawful directions of rangers and authorised officers.
8. Assumption of Risk
You acknowledge that you are undertaking a remote, self-guided walk within Whitsunday Islands National Park, part of the Great Barrier Reef World Heritage Area. The Ngaro Track traverses rugged, steep, and isolated terrain through varied environments including open forest, mangroves, rainforest, and exposed coastal bluffs. Conditions may include high heat, humidity, intense sun exposure, strong winds, sudden tropical storms, tidal variations, and limited or no mobile reception.
Natural hazards may be present at any time, including but not limited to marine stingers such as box jellyfish (Chironex fleckeri), Irukandji (Carukia barnesi), and bluebottle jellyfish (Physalia utriculus); marine animals including sharks, stingrays, and crocodiles in coastal and estuarine waters; and terrestrial hazards such as snakes, spiders, biting insects, stinging trees, sharp vegetation, unstable terrain, and unfenced cliff edges. Environmental conditions may change rapidly and without warning.
By purchasing or using this booking, you acknowledge and accept all risks, including the risk of serious injury or death, illness, loss, or damage to personal property, and agree that you undertake this walk voluntarily and entirely at your own risk.
You must be fully self-reliant and agree to read, understand, and comply with the Walker Safety Checklist and Mandatory Packing List before departure. These outline the minimum safety, navigation, and communication equipment required to undertake the walk. NT does not provide supervision, monitoring, or emergency response services and is not responsible for your safety, location, or welfare while on the Ngaro Track.
NT and its agents accept no responsibility or liability for any injury, illness, loss, damage, or death that may occur to you or any member of your party while walking the Ngaro Track.
9. Limitation of Liability
To the maximum extent permitted by law, Ngaro Track Pty Ltd (NT), its related entities, directors, employees, contractors, and agents accept no responsibility or liability for any loss, damage, injury, illness, or death arising from or in connection with your participation in the Ngaro Track walk or your presence within Whitsunday Islands National Park.
This includes, but is not limited to, any loss, injury, or damage caused by natural events, weather, terrain, wildlife, environmental conditions, personal negligence, equipment failure, or the actions or omissions of third parties, including marine transfer operators.
By purchasing or using this booking, you agree not to make any claim, demand, or action against NT or its related entities, employees, contractors, or agents for any injury, illness, loss, damage, or death suffered by you or any member of your party in connection with the Ngaro Track.
Nothing in this clause is intended to limit any rights or remedies that cannot be lawfully excluded under the Australian Consumer Law (Queensland).
10. Australian Consumer Law - Recreational Services (s139A)
To the maximum extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and corresponding State laws, NT excludes liability for death or personal injury arising from your participation in recreational services supplied under these Terms, except where caused by NT’s reckless conduct as defined by law. Nothing in these Terms excludes non-excludable guarantees under the Australian Consumer Law.
(If applicable in Victoria)
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC): By booking, you agree your rights to sue are modified as permitted by that Act in relation to recreational services. This does not apply to gross negligence.
11. Travel Insurance
NT strongly recommends that you obtain comprehensive travel insurance, including coverage for medical emergencies, cancellations, evacuations, and weather-related disruptions. You are solely responsible for any associated costs if evacuation or rescue is required.
12. Itinerary
The itinerary outlined on the Ngaro Track website must be followed. The Ngaro Track is strictly a three-day, two-night walk. No additional walking or camping nights may be booked. Each campsite is allocated for specific nightly use; extensions, alterations, or deviations from the approved itinerary are not permitted.
13. Code of Conduct and Environmental Protection
By booking, you agree to:
• follow Leave No Trace principles along the track and at campsites;
• comply with all signage, lawful directions, and park regulations;
• respect the cultural significance of the land and waters;
• refrain from lighting fires (fuel stoves only permitted);
• not bring pets, drones, or unauthorised vehicles; and
• accept responsibility for any damage to camp infrastructure or hired equipment beyond normal wear and tear, as reasonably determined by NT.
You agree that costs for cleaning, repair, or replacement (including associated labour) may be charged at current Australian retail rates.
14. Privacy and Data Use
You consent to NT collecting and using your personal information for booking administration, safety, and compliance purposes, including limited disclosure to service providers (such as marine transfer operators) and relevant land or marine management authorities where reasonably necessary or required by law. NT will handle personal information in accordance with its Privacy Policy.
15. Complaints and Dispute Resolution
If you have a concern, notify NT as soon as practicable so we can attempt to resolve it. After your trip, you may submit a complaint in writing by email. NT will manage all complaints fairly, promptly, and in accordance with its internal complaint handling procedure. Using this process does not limit any statutory rights you may have under Australian law.
16. Changes to the Track
Prior to your departure, NT reserves the right to modify the route, access conditions, or campsite availability at any time due to safety, weather, cultural, or environmental management requirements. No compensation will be payable for such modifications. In such circumstances, the cancellation terms outlined in Clause 4 will apply.
17. Force Majeure
If, prior to your departure, NT is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of an act of God, natural disaster, strikes, industrial action, fire, breakdown, epidemic or pandemic, interruption of transport, government directive, travel ban, political or civil unrest, war, terrorism, or any other cause beyond NT’s reasonable control, NT will not be liable for any resulting loss, delay, or change. In such circumstances, the cancellation terms outlined in Clause 4 will apply.
NT will use reasonable efforts to notify you of any disruption and to offer an alternative date or credit where possible, but no refund is guaranteed under these circumstances.
18. No Waiver
A failure or delay by NT to exercise any right or remedy does not operate as a waiver. A waiver must be in writing and signed by an authorised representative of NT.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
20. Entire Agreement and Survival
These Terms constitute the entire agreement between you and NT regarding independent walker bookings and supersede any prior communications or representations on the same subject. Clauses relating to cancellations and refunds, assumption of risk, limitation of liability, privacy, governing law, and this survival clause survive termination or expiry.
21. Governing Law and Jurisdiction
This agreement and the rights and obligations of the parties will be construed and take effect in accordance with, and be governed by, the laws of:
• Queensland, if the booking is made in the State of Queensland; or
• New South Wales, if the booking is made elsewhere in Australia or from outside Australia.
You submit to the non-exclusive jurisdiction of the courts of the State in which your booking is made and the Commonwealth of Australia.