- Before you book a tour with Beachcomber Charters Pty Ltd ABN 52 647 934 870 (‘Beachcombers’, ‘we’, ‘our’, ‘us’), we ask that you read and understand our terms and conditions.
- We grant you a licence to use and access our Website conditional upon your use being for personal, non-commercial purposes and on the condition that you will not copy or distribute any part of our Website without obtaining our prior written consent to do so.
- While we have made every effort to ensure that information is free from error, we do not warrant the accuracy, adequacy or completeness of content on this website. All information is subject to change without notice. We do not guarantee that our Website or third-party websites will be free from viruses, or that access to our Website or third-party websites will be uninterrupted.
- In these Terms and Conditions, the words ‘booking date’ refers to the date on which you have booked for your service or activity, to take place on.
- All bookings are made with Beachcombers. When you book activities with us, you will be deemed to have agreed to these booking terms and conditions, and we will accept your booking on this basis. Your booking confirmation invoice will contain the services to be provided.
- You are required to pay a non-refundable deposit of 50% of the service fees at the time that you make your booking, in order to secure your booking date. The remaining 50% of the service fees is due and payable seven (7) days before the booking date.
- If your booking is made within seven (7) days or less before the booking date, you will be required to pay the full amount of service fees at the time you make the booking.
- Each booking is subject to our acceptance in our sole discretion. If we accept your booking, we will issue you with a confirmation invoice.
- To enable us to confirm your booking, we ask you provide us with the information we require at the time of making your booking. We reserve the right to cancel or reschedule your booking if these details are not provided. This may include, but is not limited to:
- Your full name;
- Your age;
- Payment details; and
- Full names and ages of other participants for whom you have book.
- We reserve the right to cancel or alter the activities at any time before its scheduled availability if it’s not viable for us to operate the service as planned. This could be because of weather, natural disasters, or other external events over which we have no control.
- If we cancel your activity, you can either transfer the amounts you have paid to another activity or receive a full refund (subject to availability of dates and additional charges for the difference between your original booking and the rescheduled booking).
- Please note, if we cancel your booked service, we are not liable for any incidental or consequential expenses or losses you may have incurred because of your booking, including, but not limited to, visa, or travel insurance excess. Nor are we liable for any incidental or consequential expenses or loss you may incur because of the cancelation or alteration of the activity/ies, including but not limited to, travel charges or fees for changed travel arrangements.
- If you wish to cancel your booking, we require written notification of the cancellation. Please note that:
- If you cancel more than seven (7) before the booking date, we will refund the service fees less any administrative fees.
- If you cancel between seven (7) or less days before the booking date, you may:
- forfeit your payment; or
- reschedule the booking for another date within 12 months of the booking date (subject to availability of dates and additional charges for the difference between your original booking and the rescheduled booking and subject to additional administrative fees).
- You acknowledge and agree that these cancellation terms are reasonable in recognition of the preparations we make for each booking and our having reserved that booking date for you.
- We strongly advise you to take out cancellation insurance at the time you make your booking, so it will cover any cancellation fees.
- Please note, if you fail to join your booked activity, join it after departure, or leave before your activity is complete, you will be considered to have cancelled your booking and we will not make any refund.
4. Inclusions and Exclusions
- The payment of the invoice for your activity/ies includes the inclusions as advertised by us from time to time for that service, subject to change in our sole discretion without notice to you.
- All inclusions are subject to availability.
- Please note the following are specifically not included in your tour after payment of the invoice:
- Meals other than those specified in the inclusions information as advertised from time to time and subject to availability;
- Beverages, including alcoholic beverages, other than those specified in the inclusions information as advertised from time to time and subject to availability;
- Travel insurance; and
- Fees or costs incurred in the case of illness.
- We reserve the right to place restrictions upon participation in certain activities and bookings from time to time in our sole discretion, including but not limited to age restrictions.
- We reserve the right to charge additional fees and charges from time to time in our reasonable sole discretion:
- Cost of goods damaged / requiring replacement – e.g breakage charges, etc.
- Payments may be made electronically through the means available on through our website from time to time.
- Where you make a payment, you warrant that you have the necessary authorisation to make that payment from that payment source.
- Where you fail to make a payment when it is due or if a payment has been declined, we reserve the right to cancel or reschedule your booking in our sole discretion.
- We reserve the right and you acknowledge and agree that you authorise us to to charge your selected payment method when:
- your deposit becomes due and payable upon making a booking;
- the remainder of your booking costs become due and payable seven (7) days prior to your booking date;
- seven (7) days after we issue you with an invoice for additional fees and charges as set out in these terms and that invoice has not been disputed.
6. Limitation of Liability and Indemnity
- In the absence of our negligence, we are not liable for any cancellations, diversions, substitution of equipment, variations, postponements or any other act, omission or default (whether negligent or otherwise) of any supplier nor are we liable for any loss or damage to baggage or property, injury, illness or death, or any other loss (including consequential loss) damage or claim whatsoever arising from the act, error, omission, default or negligence of any person not our direct employee or under our exclusive control.
- We are not responsible for any criminal conduct of any third party.
- Subject to clause 6.1, where a safety device (including but not limited to life jackets and helmets) is made available to you, neither we nor any supplier concerned will be liable for death, injury, or any loss or damage whatsoever you suffer from any accident or incident if you do not use the safety device at the time of such accident or incident.
- We are not liable for any injury, damage, loss, delay, additional expenses or inconvenience caused by your acts, omissions or defaults, your state of health, medical condition or circumstances or other reasons which are beyond our control, including force majeure events or failure of equipment or machinery.
- Any information on our website or offered by our staff and crew is general in nature and should not be considered a replacement for individual professional advice which considers your personal circumstances and situation.
- We make no warranty or representation that the goods and services which we offer are fit for any particular purpose.
- You agree to hold us and our related entities harmless and indemnify us against all claims, demands, loss or damage, including by third parties which is caused by your breach of these terms and conditions, your improper use of our Website, goods and services, or breaching any representation which you make to us.
- You must inform us prior to participation in any activity, if there is a reason, including medical reason, which may interfere with, prevent or hinder your ability to participate in that activity, you have, prior to engaging in the activity, sought the relevant and necessary professional advice and been informed by that professional that they are able to participate.
- You are responsible for taking all reasonable actions and precautions to protect their own safety, the safety of other participants, crew and staff and safety of your own and others’ property. Beachcombers shall not be liable for any loss or damage (including personal injury) which results from your failure to take such reasonable actions and precautions.
- You acknowledge and agree that you are aware that there are risks which are obvious and inherent to the activities, including boating, water-based and beach activities. Beachcombers shall not be liable for any loss or damage (including personal injury) which results from the materialisation of an obvious or inherent risk of the activities.
- Beachcombers crew are not trained medical professionals, and should medical attention be required for a participant, it is an inherent risk of boating, water based and beach activities that it may take some time for this medical attention to arrive.
- You must, at all times, follow the reasonable direction of our staff and crew. We shall not be liable for any loss or damage (including personal injury) which results from failure to follow our (including our staff and crew’s) reasonable direction.
- You must only consume alcohol in line with direction by us and in accordance with relevant legislation. If you consume alcohol you agree to do so responsibly. We reserve the right to suspend all activities, including for all participants in their sole discretion and refuse to serve, or remove from the participant, any alcohol.
- Participation in the activities is not permitted while under the influence of or in possession of any illicit substances.
- You may not possess, or use at any time during the activities, any thing, item, substances or otherwise which may cause harm or offense (in Beachcombers’ sole discretion) to us or to other participants, staff and crew. Beachcombers reserves the right to remove an item from a participant’s possession without being obliged to return that item at any time.
Claims and Complaints
- All content contained on our Website and related marketing material is owned or licensed by Beachcombers. In using our Website, you agree that you will not copy, reproduce, distribute, publish, or use in any manner any content on our Website and related marketing material without our written consent or other than as permitted under the Website Terms and Conditions.
- Participants may be photographed, recorded or videoed by Beachcombers and they give their permission for Beachcombers to use these photographs, recordings or videos in their sole discretion including for social media, advertising or business promotion purposes.
- To the extent that you share your intellectual property with us in anyway, including but not limited to sending it to us, tagging us in content, commenting on our social media, or interacting with us online, you grant us an irrevocable world-wide license to use that intellectual property in our sole discretion including for social media, advertising or business promotion purposes.
- In the event that any term or condition contained in these terms and conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
- We endeavour to ensure that all arrangements we have made for your booked service are implemented as arranged. If a problem occurs, please try to resolve it with our staff and crew at the time, so they can attempt to rectify the matter. If satisfaction is not reached, put any further complaint to us in writing within 30 days after the booking date.
Third Party Offerings
- We are not responsible for third party links, services or site which may be referred to or linked on our Website. These third-party offerings are accessed at your own risk, without our endorsement, approval or control.
- All prices on this website are listed in Australian Dollars and are GST inclusive unless otherwise stated. We reserve the right to changes the prices for services from time to time in our sole discretion.
- Gift certificates are non-refundable and not redeemable for cash. If the gift voucher is lost, stolen or otherwise inaccessible or misplaced, no refund or replacement shall be provided.
- Gift certificates are subject to expiry dates as advised at the time of purchase.
- Gift certificates may be transferred to third parties.
Governing Law and Jurisdiction
- You may not use our Website or services in anyway which is:
- illegal; or
- intended to, does (without or without intention), or could (with or without intention) cause offence to any other person.
Change to Terms and Conditions
- These terms and conditions shall be governed by the laws of Queensland, Australia and you submit to the exclusive jurisdiction of the Courts of Queensland to hear disputes arising under or in connection with these terms and conditions and the courts entitled to hear appeals from those courts.
Registered Address and Contact Details
- We reserve the right to update these terms at any time without notice. Modification and alterations will occur when the modified or altered version of these terms and conditions is uploaded to our Website. By remaining on, access, using and visiting this site, you agreed to be bound by those updated terms and conditions.
- We reserve the right to cease or alter this website and the goods and services which we offer at any time in our sole discretion without notice.
Address: PO BOX 349