ECOTREASURES Terms and Conditions

 

 

Bookings:

1.      All customers must confirm their booking with credit card payment online or via direct debit transfer.

2.     Payments must be made by credit card or direct debit prior to tour date,

3.     Privacy policy ensures all Credit Card details are confidential.

4.     Customers must be at arranged pick up/departure location at least 20minutes before departure time.

5.     Customers must follow and listen to the guide’s instructions and all safety rules and regulations to the areas visited.

6.     Any infringements in National Parks or Aquatic Reserves by the customer will be the customer’s sole responsibility. Fines may apply.

7.     Customers must be honest concerning  swimming level and previous participation in activities. No refunds for non swimmers.

8.     Current advertised pricing on web site are applicable.

9.     Customers must present coupon on tour day to receive any promotional offering or full fee must be paid.

10.   Minimum age of customer for group guided water activities is 8yrs old. Parents can take children under 8yrs old on private or self guided tours.

11.    Children aged between 8-12yrs old require 1 adult to accompany them for water based activities.

12.    Participants under the age of 18 must be signed in by their responsible guardian, no unaccompanied minors will be allowed. All Children must have approval from guardian. Child rate is from from 4yrs-14yrs

13.     Customers must sign a registration form and inform guide of any medical conditions which may effect customers health on tour.  A safety brief will out line risks involved and how to minimise risks on tour. All activities undertaken at own risk.

14.     The company reserves the right to cancel or withdraw any tour or any booking made for a passenger or decline to accept or retain any person as a member of a tour, and further shall be under no obligation or liability to any person as a result of any inaccuracy, misdescription or changes to any tour or its itinerary, or for losses or additional expenses due to delays any other transport services, sickness, weather, strikes, wars, quarantine or other causes.

15.      Baggage and personal effects are at the passenger’s own risk throughout the tour and it is the responsibility of the passenger to ensure insurance has been arranged.

16.      Privacy of customers information will be in accordance with Privacy laws

17.      Participants over the age of 75yrs or with existing injury or medical issue should let us know before tour date and provide us with clearance letter from doctor.

18.     All customers must be able to swim 50m un- assisted, float and tread water for water based activities. Non swimmers who turn up for swimming tour will not be refunded.

19.     All hire equipment must be returned in the same conditioned as when it was hired. Any damages or cleaning required for camping gear will incur charges or replacement costs.

20.   Hire gear not returned on time will incur additional costs.

 

Cancellations:

  • Over 7 days prior to experience there is no charge

  • 48hr up to 7 days prior to tour: 50% tour charge applies

  • Within 48hrs of experience date, no show and late arrivals: forfeiture 100% of tour cost.

  • Tours will run in all weather conditions and will not be canceled for bad weather if safe to do so.

  • ECOTREASURES reserves the right to cancel a tour due to minimum passenger numbers.

  • ECOTREASURES reserves the right to change, cancel or amend tours and vehicles.

  • No show on the day no refund. Late arrivals will miss the tour and not able to rebook another date on the same voucher. It is your obligation to arrive on time and allow time to arrive at the selected location.

  • Gift certificates can not be refunded.

  • If ECOTREASURES cancel the tour due to bad weather we will offer a new date for you.

 

Rescheduling;

  • Over 1 week prior to the experience date: $30 fee applies

  • 48 hours to 1 week prior to the experience date: A fee of 50% of the tour cost applies

  • Within 48 hours of the experience date, No Shows, and Late Arrivals: Forfeiture of 100% of tour cost applies

 

Disclaimer TERMS AND CONDITIONS

This contract comprises the Gear Hire Form, these Terms and Conditions and the Notification and Acknowledgment of Risk forms. Please read them carefully.

Participant means the individual who signs this contract and who agrees to be bound by its terms and the terms of this contract.

Rights of a Consumer The activities you will engage in are a ‘recreational service’ as defined in the Competition and Consumer Act 2010 (Cth) (‘the CCA’). Where the Participant is a ‘consumer’, as defined in the CCA or any similar NSW legislation, then certain terms and rights will be implied into this contract for the benefit of the Participant. Such terms and rights, and any liability of the organiser, the promoter or other supplier are excluded, restricted or modified by the provisions of this contract and the Notification and Acknowledgement of Risk document to the extent permitted by law

Exclusion of Liability for physical and mental injury & death The Participant agrees and acknowledges that the recreational service includes a dangerous recreational activity with a significant risk of physical harm. Subject to any rights imposed by law that cannot be limited or excluded, the Participant releases the organiser, the promoter and any other supplier together with their officers, trustees, employees, servants and agents from all liability for death, or any personal injury whether physical or psychological (including the aggravation, acceleration, or recurrence of a current or past injury of the Participant) arising out of their participation in the recreational activity and/or the use of equipment hired or otherwise provided by or to the Participant.

Release & Indemnity  In exchange for the consideration provided, the participant agrees to:

(a) release and hold harmless ECOTREASURES, its officers, trustees, agents and employees from all claims that cannot be limited or excluded by law, that they may have or may have had but for this release, arising from or in connection with any of the events and/or activities; and

(b) indemnify, keep indemnified and hold harmless ECOTREASURES, its officers, trustees, agents and employees from any claims by any person arising from or in connection with the use of the equipment, hired or otherwise.

In this clause ‘claim’ means and includes any action, cause of action, suit, proceeding, claim, demand, damage, injury, penalty, cost or expense (including legal fees and costs) arising from the activities but does not include any claim in respect of any action, suit, etc. made by any person entitled to make a claim under a relevant legislation and/or ECOTREASURES insurance policy.

Provider liability If the CCA or similar NSW legislation operate to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of ECOTREASURES for breach of warranties is limited to: (a) the re-supply of the activities and related activities; or (b) the payment of the cost of having the activities supplied again.

Bar to proceedings The provider may use this contract as a bar to proceedings now or in the future, commenced by or on behalf of the participant or by any person claiming through the participant or by the participant’s executors, administrators, dependents or other personal representatives.

Governing Law In the event of a dispute, the parties agree to mediation in the relevant jurisdiction, if appropriate. This contract is governed by the laws of NSW, and the parties agree to submit to the jurisdiction of the courts of NSW.

Entire agreement All the Terms and Agreement, Gear Hire Form and the Disclaimer Statement form the entire agreement between the parties. If any clause in this agreement is not legal or enforceable, it may be removed, but all other terms and conditions will continue in force.

Privacy We will take all reasonable steps to keep your personal information from loss, misuse or unauthorized alteration. We will not sell, rent or trade any personal information. Please see the website for our privacy policies.