Terms & Conditions
ECOTREASURES Terms and Conditions
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,
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. Group tour rates only applies to group booking of 4 plus people and is open to other bookings. Private tours are closed bookings and private tour cost is applicable.
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.
- 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.
- 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
This is an important document which affects your legal rights and obligations. PLEASE READ IT CAREFULLY.
DO NOT SIGN IT UNLESS YOU ARE SATISFIED THAT YOU UNDERSTAND IT.
The events and/or activities you are about to embark on can lead to injury, damage and possible loss of life.
By signing this I confirm that I have read and agreed with the statements and have provided any and all information that a reasonable person, under the circumstances would be expected to provide to ensure safe participation.
- I agree to listen to and follow the instructions given to me. The instruction and/or advice given to me by servants or agents of the promoter/organiser are done so in good faith, but the final decision is mine to participate.
- I indemnify the landowner, the occupier, the organiser, the promoter, sponsor and their servants and agents against any damage, loss or injury suffered arising in any way out of the event and/or activities as set out in the Terms and Conditions above.
- I acknowledge that I have been warned by the organiser and/or their agents that water sports and the events/activities can be dangerous, and accidents can happen. If I participate, I do so at my own risk.
- I declare that I am over 18 or that my parent or guardian has read and signed the consent below.
- I declare that I can swim up to 50 meters unassisted for water activities.
- I declare that I am currently and continue to be medically and physically fit and able to undertake the events/activities and I am not a danger to myself or to the health and safety of others.
- I have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells and am not presently receiving treatment for any condition, illness, disorder or injury which would render me unsafe to take part in the activities.
- I have not consumed any alcohol in the past 8 hours and am not under the influence of any drug, prescribed or recreational which may impair my ability to use my best judgement.
- I agree that if the staff/agents or promoters use their reasonable judgment and will call an ambulance if it is deemed that it is required, and that all ambulance hire and associated charges will be borne by myself or my insurer.
TERMS AND CONDITIONS
Please read the following terms and conditions.
Participant means the individual who signs this contract and who agrees to be bound by its terms and the terms of the Disclaimer.
Rights of a Consumer The activities you will engage in is 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 ECOTREASURES or other supplier flowing from them, are excluded, restricted or modified by the provisions of this contract.
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.
Exclusion of Liability Subject to any rights imposed by law that cannot be limited or excluded, the participant agrees that it is a term of this contract that ECOTREASURES is absolved from all liability as set out in the Disclaimer Statement, however arising from injury or damage however caused (whether fatal or otherwise) arising out of their undertaking the activities and/or use of the hired equipment.
The information, materials and services contained in these sites are intended for use only in Australia and are provided to you ‘as is’ and ‘as available’. To the maximum extent permitted by law, we disclaim all representations and warranties of any kind, express or implied. We do not make any guarantee or representation regarding the security of accounts or that these sites are fee from destructive materials including but not limited to system failure, computer viruses, hackers or other technical sabotage.
This website may contain a number of links to other internet and social media sites operated by third parties and we do not endorse or accept any responsibility for the opinion, content, use and/or services made available by them.
Release & Indemnity In exchange for and in consideration of undertaking the activities and using the hired equipment, the participant hereby:
(a) releases and hold harmless ECOTREASURES, its officers, trustees, agents and employees from any and all Claims that they may have or may have had but for this release, arising from or as a result of or in connection with their undertaking the events and/or activities, and/or the equipment; and
(b) indemnifies, and will keep indemnified and hold harmless ECOTREASURES, its officers, trustees, agents and employees from any and all Claims by any person arising from or as a result of or in connection with his/her undertaking the activities, the equipment, or the provision of the activities including the negligence of ECOTREASURES or any of its officers, trustees, agents or employees.
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) however arising but does not include a claim in respect of any action, suit, etc. made by any person entitled to make a claim under a relevant 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.
Participant and Hirer liability The participant warrants that they have sufficient skills to operate the hired equipment correctly. The participant and the hirer warrant that all equipment will be returned to the provider and will pay the replacement cost for all lost and/or damaged equipment.
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. Where the participant seeks to commence proceedings against the provider, the participant:
(a) will commence those proceedings in New South Wales (‘NSW’); and
(b) where the participant seeks to commence proceedings in another jurisdiction, consents to removing those proceedings to NSW including consenting to any application made by ECOTREASURES to remove the proceedings to NSW; and
(c) will pay the costs of any application made by ECOTREASURES under paragraph (b) of this clause and will consent to any application for security of costs application made at any time by ECOTREASURES; and
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, Hire Form and the Disclaimer Statement form the entire agreement between the parties in respect to the activities and supersedes all other agreements, understandings, representations and/or negotiations with the events and/or activities.
I, the participant:
- Acknowledge that I am participating in the activities with knowledge that it involves significant risk of bodily injury including death or damage to property of myself or others; and
- Confirm that I have read or have had read to me the above terms and conditions and I fully understand their meaning and significance;
- Confirm that I have also read and understood the Disclaimer Statements.
- Confirm that I have disclosed to the provider any relevant detail about my health and skills that a reasonable person in this situation think it important to disclose.
I consent to the activities proposed, and I agree that I undertake the activities entirely at my own risk and am signing this contract voluntarily.
Consent Statement for Persons under 18 Years
I declare that am the parent/guardian of the above-named person (“the minor”) who is under 18 years old. I have read this document and understand its contents, including the exclusion of liability and assumption of risk, and have explained the contents to the minor. I consent the