Terms & Conditions

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.      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.

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.

NOTIFICATION AND ACKNOWLEDGMENT OF RISK

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 understand that weather conditions can change at any time without warning and that I should take this into consideration.
  • 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.
  • 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.

Consent Statement

 

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 minor attending and participating in the events and activities at their own risk.

 

Links to Other Web Sites The material on this website is for general purposes only. Our service may contain links to third-party websites or services that are not owned or controlled by ECOTREASURES. The provider has no control over and assumes no responsibility for the content or practices of any of those web sites and services. ECOTREASURES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any contents, goods or services available on or through any such web sites or services.

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.

 

Privacy Policy

We may collect personal information about you when you interact with us. Generally, the information we collect from you includes your name, you contact details and your agreements to our terms and conditions. We will not collect any sensitive information.

 

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 whether in Australia or anywhere else. You have the right to access your personal information and may correct any personal information held about you. If you have any complaints about this or any of our other services please contact us.

 

Statutory Refunds or Remedies

We are not required to provide a refund if you change your mind about the services you have requested.

You can choose to cancel your contract and receive a refund for unconsumed services if the service has a major problem. This is when the service:

  • Has a problem that would have stopped a person from purchasing the service if they had known about it
  • Is substantially unfit for its purpose and cannot be easily fixed within a reasonable time
  • Does not meet the specific purpose you asked for and was advertised and cannot be easily rectified within a reasonable time
  • Creates an unsafe situation, unless you have been advised of the risk factors and have agreed

If you chose to continue with our services you can ask us to compensate you for any difference in the value of the services we provided and what you paid.

If the problem is NOT major, we will fix it within a reasonable time, if it is not fixed within a reasonable time you can choose a refund or replacement.

Please keep proof of your agreement, invoice and/or quote.

 

EQUIPMENT HIRE AGREEMENT

 

The hirer and/or participant acknowledge that this contract forms part of the contract containing the Terms and Conditions and Acknowledgement of Risk

Collection and Return of Equipment

Hire charges commence from the Pick-Up time and terminate when the hired equipment is returned. Return of the equipment after the agreed Return Time will incur a further hire fee at the appropriate hourly, full-day or weekly-rate. If the hirer or participant fails to return the hired equipment within 24 hours of the Return Time, the equipment will be considered stolen and the provider will take all steps to have the equipment returned including but not limited to notification of the police.

Security Deposit

ECOTREASURES requires the hirer to provide a security deposit which is payable simultaneously with payment for the hired equipment. All hire payments must be made by direct deposit, or in cash on collection and/or credit card. The security deposit must be made either in cash or by credit card authorisation. Your credit card details and a copy of one form of ID (e.g. your driver’s licence) will be retained during the hire period only.

Lost or Damaged Equipment

ECOTREASURES will hold an amount as security for the return of the hired equipment in same condition as when hired, with the exception of fair wear and tear. In the event that the hired equipment is returned in a condition other than when hired, or the equipment is lost or stolen during the hire period, the entire or part deposit will be forfeited at the discretion of the provider and the hirer shall be further liable for all additional costs to repair all damage or the cost of replacement.

Use of Equipment

It is the responsibility of the hirer and/or participant to ensure that the hired equipment is suitable for the purpose intended before undertaking the activities. ECOTREASURES will use all due care and skill in providing the appropriate equipment at the time.

Insurance

ECOTREASURES insures all hired equipment for full retail value. If ECOTREASURES is required to make a claim on its insurance as a result of the hirers/participants’ breach of these terms, any excess on such claim must be paid by or reimbursed by the hirer. Failure to return any equipment renders the hirer/participant liable to pay the full current replacement cost of the unreturned equipment.

ECOTREASURES warrants that it keeps current at all time any and all public liability insurance required by law.

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 in its hired state and will pay the replacement cost for all lost and/or damaged equipment immediately.

The hirer and participant acknowledges and agrees that hire of equipment is at the risk of the hirer and participant. The hirer and participant are responsible for all damage to equipment caused by the participant.

If for any reason the equipment is defective the provider will exchange the equipment before the hirer is charged. The hirer must bring any equipment concerns to the attention of the provider before engaging in the activity.

Statutory Refunds or Remedies

We are not required to provide a refund if you change your mind about the services or goods you have asked for.

You can choose to cancel your contract and receive a refund for unconsumed services or return the goods if the service/goods have a major problem. This is when the services:

  • Has a problem that would have stopped a person from purchasing the service if they had known about it
  • Is substantially unfit for its purpose and can’t be easily fixed within a reasonable time
  • Does not meet the specific purpose you asked for and was advertised and cannot be easily rectified within a reasonable time
  • Creates an unsafe situation, unless you have been advised of the risk factors and have agreed

If you chose to continue with our services you can ask us to compensate you for any difference in the value of the services we provided and what you paid. If the problem is NOT major, we will fix it within a reasonable time, if it is not fixed within a reasonable time you can choose a refund or replacement.

Please keep proof of your agreement, invoice and/or quote.

The hirer and/or participant acknowledges and warrants the following the following:

  • the equipment is hired at the participant’s risk for the duration of the hire period.
  • provided consideration in exchange for the use of the equipment and services.
  • the equipment will be used only for the purposes which is was hired for.
  • they shall not leave the area/s as marked on the map displayed at the hire location or shown to the hirer.
  • will obey all rules provided by any public authority which are applicable to the hirer’s use of any Stand-Up Paddleboard (‘SUP’), Kayaks, Snorkel gear, Camping gear and other equipment.
  • shall no moor or attach in any way the SUP, Kayaks or any hired equipment to any public or private moorings, buoys, wharfs, jetties, pontoons or any structure whatsoever and the hirer shall indemnify the provided for any liability arising out of same.
  • shall not leave any of the equipment unattended for any period of time.
  • must not drag or otherwise move the SUP, Kayaks over any other object including but not limited to fallen trees, branches, rocks or oysters. Any damage caused by a breach of this essential condition will result in immediate forfeiture of the security deposit.
  • confirms that they have sufficient skills to operate the hired equipment correctly.
  • will supply a safety briefing and demonstration of the hired equipment.