Terms and Conditions Australia

Explore Group (Australia) Terms and Conditions.

Sydney | Hamilton Island


Explore Sailing (Sydney) Terms & Conditions

Scheduled Tours | Events

Scheduled Tours

Cancellation & Refunds

  1. Bookings can be cancelled or postponed up to 48 hours prior to departure time and will attract a $40.00 change fee per person.
  2. No refunds are available for cancellations or postponements less than 48 hours prior to departure time. No refund will be given to clients who do not show.
  3. In the unlikely event we cancel a trip due to extreme weather or other circumstances beyond our control a full refund will be given if an alternative date cannot be arranged

Disclaimer

  1. This is an adventure activity and it carries with it certain risks
  2. This activity is not recommended for pregnant women and people with certain medical conditions, please consult the skipper prior to departure
  3. Explore Sailing is not responsible for any injury to passengers or damage to property for any cause whatsoever
  4. All departures are subject to weather conditions & minimum numbers which are required in order to operate safely
  5. Sailing Experiences requires a minimum of 7 passengers. Match Racing requires a minimum of 25 passengers
  6. Explore Sailing reserves the right to alter the usual sailing program including routes and choice of sails used or cancel any departures in the interest of passenger safety and comfort
  7. Explore Sailing reserves the right to refuse admission to any person we deem unsuitable to participate in this activity
  8. Prices are in Australian Dollars (AUD) and are subject to change without notice
  9. Explore Sailing reserves the right to substitute yachts at any time to accommodate maintenance and other issues to ensure the ability to operate safely at all times.

Terms and Conditions of Service

All passengers will be required to sign the manifest as acceptance of the following Terms and Conditions of Service prior to embarkation.
In consideration of Explore Sailing Pty Limited (ABN 59 145 794 814) ["the Company"] supplying recreational services, including but not limited to boats and/or crew, for the purposes of or in connection with or incidental to, the pursuit of the recreational activity of sailing ("the Recreational Services") and allowing you to participate in that recreational activity, you agree that you have read the conditions set out below and you agree to be bound by them:

  1. You engage in the recreational activity at your own risk.
  2. You acknowledge that you have read the risk warning set out below in bold and capital letters and that you acknowledge that the warning constitutes a risk warning under the Civil Liabilities Act, 2002. You also acknowledge that the risk warning has not been contradicted by any representation made by or on behalf of the Company.
  3. You will read all signs and follow all directions given by the Company or its employees, contractors, representatives or agents; and you will conduct yourself in a controlled manner at all times.
  4. You declare to the Company that you are in a fit and healthy state to undertake a recreational adventure activity of this nature and that you have no pre existing medical condition or injury which would adversely affect your competence on
    the boat during the duration of the recreational activity.
  5. To the maximum extent permitted by law the Company excludes all liability to you by the Company, its directors, officers, employees, contractors, representatives or agents; for any cause including for negligence and whether or not the loss or damage occurred to person or property. Where that liability cannot be excluded by law, the Company limits that liability to you to the maximum extent the law permits.
  6. The Company provides "Recreational Services" as defined in the Competition and Consumer Act 2010 (Cwlth) and to the maximum extent permitted by that Act it excludes all liability to you, including but not limited to personal injury or death, arising out of any failure by it or its directors, officers, employees, contractors, representatives or agents to comply with any consumer guarantees applying to those services.
  7. Any ticket or boarding pass issued by us to you cannot be resold, transferred or altered in any way.
  8. If you are under the age of 18 or under any disability you must be accompanied by a parent or another adult person who is responsible for you during the recreational activity These conditions together with the risk warning below form the conditions of entry and use of the facilities, equipment and services of the Company.

RISK WARNING:
RECREATIONAL ACTIVITIES (INCLUDING SAILING) INVOLVE A SIGNIFICANT RISK OF PHYSICAL HARM OR PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH TO PARTICIPANTS. ANY SUCH INJURY OR LOSS MAY RESULT NOT ONLY FROM YOUR ACTIONS BUT FROM THE ACTION, OMISSION OR NEGLIGENCE OF OTHERS. PLEASE READ AND OBEY ALL SIGNS AND FOLLOW ALL DIRECTIONS GIVEN BY THE COMPANY OR ITS EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS.


Terms & Conditions - Events

1. Upon written confirmation of a booking, Explore Sailing will provide 2 invoices based on the schedule listed below.

  • 50% deposit due within 7 days of signing this Event Proposal as Confirmation of Booking
  • 50% due 7 days prior to the Event date
  • 100% due within 7 days should you confirm your booking less than 12 days prior to event

2. No firm bookings will be held with Explore Sailing or any of our suppliers unless the payment of the deposit is received as specified above.
3. The deposit payment is partly refundable only if the Client gives at least 90 days' notice of cancellation prior to the event date. An administration and services fee of $500 will be deducted from any refund of a deposit payment. If the Client cancels less than 90 days from an event there will be no refund of the deposit payment or of any subsequent payments that have been made in accordance with the above payment schedule.
4. All guests are required to sign the Explore "Acceptance of Risk" prior to boarding on the day of your event. A copy of this can be provided prior to the event upon request. NOTE: It is VERY IMPORTANT that you advise us of any guests needing special consideration (e.g. pregnant, medical/physical conditions or injuries).
5. Explore Sailing accepts no responsibility for the loss or damage to any property belonging to you or your guests.
6. Explore Sailing will do its utmost to accommodate the postponement or transfer of bookings confirmed to other feasible dates if notification is made 60 days prior to event date. For a change of date less then 60 days from event date, a fee of $500 will be charged for each and every change as an additional fee.
7. In certain circumstances of event postponement by the Client, there may be additional unavoidable costs charged by third party suppliers, such as vessel and crew hire, catering etc. Such costs will be the responsibility of the client and will be advised at the time of date change request.
8. Explore Sailing reserves the right to vary a program, amend or cancel a particular event at any time in the interest of safety or due to any unforeseen circumstances. In such cases of cancellation of a total event by Explore Sailing, then Explore Sailing will endeavor to provide a suitable alternative date or time.
If an alternative is not achievable, the full payment made by the Client will be returned less any unavoidable or non-refundable costs incurred from third party suppliers, such as vessel and crew hire, catering and merchandise etc. Explore Sailing will not be responsible for any costs that may be incurred by the Client due to the cancellation of an event.
9. The confirmation of your charter and/or event is subject to your acceptance of the Terms and Conditions detailed in the Event Booking Agreement we send you.

 SHOULD YOU WISH TO CANCEL/CHANGE DATE:

CANCELLATION
Greater than 90 days from event date Deposit refunded minus $500 cancellation fee
Less than 90 days from event date No refund
CHANGE OF DATE:
Greater than 60 days from event date No penalty
Less than 60 days from event date $500 per boat per date change

 


Hamilton Island Booking Conditions & Cancellation Policy

All tours are subject to minimum numbers and to weather conditions and so may be cancelled at the discretion of the operator.

We also reserve the right to alter the destination pending the weather for your safety and comfort. Times may also need to be changed due to tidal changes. The company will offer alternative days or refunds in the event of cancellations.

Half Day & Full Day Cruises On the Edge & Reef Explorer

We reserve the right to use other vessels should On the Edge or Reef Explorer be unavailable for any reason. . If you cancel the day prior before 12 midday there is no charge. Cancel between 12 midday and 5pm the day prior 50% fee. Cancel after 5pm the day before the cruise, on the day or or no show 100% fee.

Afternoon & Evening Cruises On the Edge & Denison Star

We reserve the right to use other vessels should On the Edge or the Denison Star be unavailable for any reason. If you cancel the day of the cruise before 12 midday there is no charge. Cancel after 12 midday the day of the cruise or no show 100% fee.