THE LEGAL STUFF – OUR TERMS & CONDITIONS
INTRODUCTION
The below terms and conditions outline our general terms of trade, our website use terms and conditions as well as our privacy policy. These terms and conditions apply to any booking you make with Sea the Gold Coast (ABN 37 637 388 160) whether it be over the phone, email, online, third party agents or via our website (www.seathegoldcoast.com.au or goldcoastwhalewatchingtours.com.au. We will rely on the authority of the person making the booking to act on behalf of any other passengers on the booking and that person will bind all such passengers to these terms and conditions.
TAX INVOICE DETAILS
Registered Business Names: Sea the GC
Entity Name: Aqua Adventures Pty Ltd
ABN: 37 637 388 160
GST registered.
COMMUNICATION ACKNOWLEDGEMENT
We live and breath the online booking process. In regards to this booking, we will communicate with you via email and sms. This may include important information relating to your booking such as cancellations, change of meeting times or general reminders. You must therefore ensure that your mobile phone number and email address used at time of booking is capable of receiving sms and emails. You acknowledge to check your phone and email inbox frequently and reply promptly if requested by us. The main booking contact is responsible to communicate all trip details and participant requirements to everyone else on the same booking in particular if this experience is gifted to someone else.
PARTICIPANT REQUIREMENTS
Our experiences are conducted on small vessels and busses which is our key point of difference, providing a unique and personalised experience with a private feel. This comes with some trade-off to comfort and luxury. We therefore require each participant to be at least 10 years of age and of reasonable health and fitness. All minors under the age of 18, must be accompanied by an adult. Our tours are possibly not suitable for people with disabilities however we don’t want to generalise and are keen to talk to you about your specific circumstances as we love to accommodate disadvantaged people as well. Our island tours involve walking through sand and on uneven terrain. For all our tours, you must arrive 15minutes prior to the advertised departure time. The main booking contact is responsible to communicate all trip details and participant requirements to everyone else on the same booking in particular if this experience is gifted to someone else.
MEETING POINT AND TIME
All our advertised times are departure time. You must arrive 15min prior to the advertised departure times. Further more, all our meeting times are in Qld times. You must familiarise yourself with our meeting location. Refer to your booking confirmation, reminder emails or visit our websites contact page. Our vessel must depart on time so please don’t be late. Departure times are subject to change due to logistical or weather reasons. You must check your latest reminder email (24h prior) for the latest departure time as it may has changed.
PAYMENTS
Your credit card is charged at time of booking. We will keep your credit card details securely (PCI compliant). We will charge any additional purchases to your credit card used for the booking. These purchases can include, merchandise, drinks and snacks or additional tours and products as verbally orders with us. All our charges include Good and Services Tax (GST).
CANCELLATION POLICY
All cancellations must be made via email to hello@seathegoldcoast.com.au in order to be deemed as received by us.
[Boat Trips]
We are operating a small vessel with only 8 paying customers. We therefore need to apply a strict cancellation policy to make sure we can provide you an experience at the lowest possible price. Cancellations within 3 days of the activity will attract 100% cancellation fee. This only applies if we are unable to resell your spots last minute. Cancellations outside 3 days of your booking dates can be rescheduled free of charge or be refunded provided your booking was made and paid directly via our website. It is your responsibility to be on time. This requires you to make yourself familiar with the meeting location beforehand, consider potential traffic delays and difficulties finding a car park. No refunds are available for no-shows or late comers. The boat will depart on time.
[Group Bookings & Private Charters]
The cancellation policy for group bookings or private charters require a minimum notice of 5 days. A group is defined as a booking for 4 participants or more.
[Multi-Day Tours and Travel]
Any multi-day tours or special events such as research expeditions can’t be cancelled once booked. We will however try to resell your spots so please notify us as soon as possible.
[Tours offered by third party operators]
Tours including snorkelling and scuba diving are offered through third party operators. 72hours notice is required to cancel such trips subject to our non-refundable booking and credit card fee clause. Cancellations within 72hours attract 100% cancellation fee.
[Cancellations by Us]
For any cancellations by us for whatever reason such as inclement weather conditions, mechanical break down or shortfall in minimum participant numbers, the following policy applies. We will advise you of the cancellation as early as possible via SMS and email however, last minute cancellation are possible even if rare. You have then the option to either request a full refund or reschedule to another available date as er our online calendar provided your booking was made and paid directly via our website. No expense reimbursements are available as a result of a cancelled trip.
[Cancellation and rebooking]
If you have made a booking directly through our website and are cancelling this booking within the penalty free period in order to rebook with a discount voucher later on, we will reject this voucher and recharge your credit card on file. All sales are final in this particular circumstance.
GIFT VOUCHERS/CERTIFICATES
Gift certificates generally do not expire and can be returned against a full refund up to 14 days after the day of purchase however, a 5% admin fee is deducted from this refund. The purchaser must ensure that our experience is suitable for the gifted person!
WHALE SIGHTING GUARANTEE
What does this mean? Whilst our strike rate is in the 95% area, going whale watching is a like participating in a wildlife safari. We aren’t in a theme park nor zoo hence we are absolutely on the animals terms. We are unable to control environmental condition nor how whales behave. If whales are not spotted on a designated whale watch tour between the months of June to September, each passenger will be entitled to a ’stand-by ticket’ enabling them to return on another subsequent tour date subject to availability as per our online calendar. This ticket must be used within the same whale watching season and during a tour with other paying passengers onboard. A return ticket can’t be transferred to someone else and can also not be converted to a refund. No refunds are available if you are unable to return for another cruise. Should you be on a tight schedule with your travels, you will have to take the risk that you may be unable to attend a return cruise. No sighting guarantees are given for whale watching tours during the months of May and October.
WILDLIFE ENCOUNTERS
For all our wildlife tours that aim to spot dolphins, wallabies, kangaroos and the like, no sightings are guaranteed. We will take you to the hot spots but can’t control nature. The tours are still an amazing experiences regardless.
ASSUMPTION OF RISK & LIABILITY RELEASE AGREEMENT
In booking with Sea the Gold Coast, you understand and accept that you are participating in an experience that involves risks. These risks include but are not limited to falling over board the vessel, drowning, getting injured by marine life whilst on or in the water or other wildlife whilst on land, sunburn, sun stroke, over exhaustion, dehydration, slips, trips and falls. We advise you that the vessel used for the activity is a ‘wet boat’ and a smaller vessel. Any personal belongings are brought onto the vessel at the participants risk. Such items such as cameras, mobile phones may get water damaged and should be left ashore if you are unable to protect them. We strongly recommend to utilise waterproof cameras or phones, water proof dry bags or cases for you belongings. We will not be liable for any lost or damaged property. All participants must have a basic level of fitness and are in good mental and physical condition. Passengers with any medical condition, injury, potential health risk or who are pregnant must advise us prior to your departure, it is recommended that these passengers do not travel on Sea the Gold Coast’s vessels and if so, do at their own risk. Activities such as snorkelling or scuba diving will require you to sign a legally binding liability release waiver agreement.
Your experience with us is undertaken entirely at your own risk. With the exclusion of gross negligence proven in a court of law, you agree that Sea the Gold Coast, its directors, employees, agents, affiliates or partners will not be held liable for any accident, injury, loss or damage to any person or property however caused whilst you are embarking, traveling on or disembarking from Sea the Gold Coast vessels or busses.
We may offer additional products or experiences through one of our partners, please refer to the individual terms outlined by these partners before purchasing such products or experiences, as we will not be held liable for these products or experiences.
SOCIAL MEDIA AND EMAIL CAMPAIGNS
You give us permission to use any photographs or video footage which we may take of you for promotional purposes on social media, print media, our website or email newsletters. By making this booking with Sea the Gold Coast, you are subscribing to our email list and we will send you promotional emails going forward. You have the option to unsubscribe at any time and we will not pass your details onto any third parties.
LOCAL LAWS AND REGULATIONS
By booking a tour with Sea the Gold Coast, you agree to follow all laws, rules and directions from our staff regarding your interaction with the marine environment. This includes respecting marine wildlife, who should not be interfered with in any way. Litter or other forms of pollution will not be tolerated.
UNUSED SERVICES
Due to weather, transport delays, strikes and other causes beyond the control of Sea the Gold Coast, our agents and airlines, there is a possibility of contracted services not being extended. We will make every endeavour to secure refunds for the same, but will not be held responsible for refunds not forthcoming. Any value add that you may have received as part of a promotional offer, can not be subsidised in anyway nor converted to cash.
HOTEL TRANSFERS AND OTHER TRANSPORTATION
You recognise and acknowledge that Sea the Gold Coast is neither a common carrier nor in the business of providing transportation services to the public. You further recognise and acknowledge that there are certain risks of physical injury to vehicle passengers, and you voluntarily agree to assume the full risk of any injuries, damages or loss, regardless of severity, that you may sustain as a result of participating in any and all activities connected with or associated with receiving transportation services, including, but not limited to, injuries, damages and loss arising out of negligent operation or supervision of the vehicle. You further agree to waive and relinquish all claims you may have (or accrue to me) against Sea the Gold Coast, including its respective officials, agents, volunteers and employees (hereinafter collectively referred to as “Party”). You agree to wear a seatbelt and to remain seated in the vehicle whenever the vehicle is under operation or when instructed to do so. Should my transportation be arranged via the ride sharing service UBER, you acknowledge and agree to UBER’s terms and conditions in regard to conduct, claims and liability.
DISPUTE RESOLUTION
Should there be any conflict, disagreement or dispute, your first action should be to contact us via email and outline the matter. We promise to act reasonable and in good faith but request the same from our customers when booking an activity with us. In this spirit, we are confident to resolve any issues that may have arisen for whatever reason. We strongly request that you give us the opportunity for a dialogue. Should you choose to give us a negative review rating on platforms such as Tripadvisor, Google or Facebook, you herby agree to only rate us on actual facts that are within our reasonable control not including anything that is clearly disclosed in our trip descriptions, booking confirmations or other publications. Negative reviews for example on bad weather conditions are highly unfair towards operators like us.
ACCURACY OF INFORMATION PROVIDED BY THIRD PARTIES
Whilst all reasonable steps have been taken to ensure the accuracy of the particulars set out in product descriptions, no warranty is given by us as to their accuracy or compliance with relevant legislation or regulations. Interested parties should not rely on these particulars as representations of fact or warranties given by us as the agent and the inquirer must satisfy itself or themselves by other means. Itineraries quoted are approx and are subject to change.
THIRD PARTY AGENT ON-SELLER AGREEMENT
If you are an agent that on-sells our products, you agree that you will represent us and our products in a highly professional manner. Agents are fully responsible to pass on our Terms and Conditions to their customers along with all other relevant activity information as shown on our website www.seathegoldcoast.com.au including booking confirmation emails and reminder emails. Any sort of conflict, miscomunication or liability resulting from the agent not providing this information to their customers will be at the agents full responsibility and expense. Agents shall provide us the customers contact details i.e. mobile phone and email address when making bookings on the customers behalf so that we can establish a direct line of communication.
DEFINITIONS
The terms ‘you’, ‘your’, ‘individual’, ‘group’, ‘client’, ‘participant’ or ‘passenger’ are used interchangeably meaning the customer/s partaking in Sea the Gold Coast experiences, tours, charters or events.
The terms ‘activity’, ‘cruise’, ‘experience’, ’tour’, or ‘event’ are used interchangeably meaning the activity you are participating in.
’Sea the Gold Coast’ is a registered Business Name and refers to the company THE SCUBA COACH PTY LTD (ABN 44 603 317 933) also referred to as ‘us’, ‘we’, ‘operator’ or ‘our’.
GENERAL NOTES
The applicable law is Queensland, Australia. If one term is found to be unlawful all others remain valid. Should a court find that we are liable to you for compensation payments, our liability is limited to the value of your booking.
REVISION HISTORY
13th January 2019 – First Issue
26th August 2019 – Minor review and update
16th January 2021 – Cancellation Policy & Fees
27th January 2021 – Cancellation Policy Update
07th February 2021 – Cancellation Policy Update
