SHARK BAY WORLD HERITAGE DICOVERY & VISITOR CENTRE
The Terms and Conditions below can be downloaded here
TERMS AND CONDITIONS
1 General
1.1 These Terms and Conditions (“T&C”) apply to the Booking made by the Customer with the Provider.
1.2 By making a Booking (directly or through a third party), the Customer agrees to these T&C for themselves and for all persons included in the Booking and each such person shall be jointly and severally bound by these T&C’s.
2 Interpretation
“Accommodation” means the accommodation made available by the Provider.
“Activity” means any tour, event or attraction and any incidental activities thereto.
“Authority” means a government or government department or other body; a governmental, semi-governmental or judicial person, including a statutory corporation; or a person (whether autonomous or not) who is charged with the administration of a law.
“Booking” means the act of booking the Activity, Accommodation and or Equipment.
“Cancellation Fee” means:
a 11% of the Cost / the amount of $22; or
b such other amount as stipulated by the Operator from time to time.
“Customer” “You” or “Your” means the person making the Booking (and includes all persons included in the Booking).
“Cost” means the total amount payable to the Provider by the Customer for the Booking.
“Equipment” means any tools and equipment provided by the Provider or Operator to undertake the Activities.
“Force Majeure Event” means any occurrence or non–occurrence as a direct or indirect result of which a party is prevented from or delayed in performing any of its obligations and that is beyond the reasonable control of that party, including:
a inability to obtain goods, supplies or services, including fuel, accommodation or access to an attraction;
b forces of nature (including fire, earthquake, storm, flood or other casualty or accident);
c war, civil strife or other violence;
d industrial action, or any action or inaction by an Authority;
e any law, order, proclamation, regulation, ordinance, action, demand or requirement of any Authority; and
f epidemic or pandemic to the extent that restrictions (including lockdown and quarantine restrictions) are imposed by any Authority.
“Goods” means all property, equipment of any nature, facilities, chattels, fixtures and fittings, and goods of any description.
“including” is deemed to be followed by the words “without limitation”.
“Operator” means any Business, Provider, owner or proprietor of Accommodation, Tours, Activities or Equipment, and includes any of their respective Representatives, successors and assigns.
“Provider” “We” “Us” or “Our” means Shire of Shark Bay and/or Shark Bay World Heritage Discovery and Visitor Centre, its Representatives and assigns.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of the Provider.
“Waiver” means the Waiver, Release, Discharge and Indemnity published by the Provider and accepted by the Customer at the time of making the Booking.
3 Bookings
3.1 The Booking is subject to availability.
3.2 The Provider reserves the right to decline any Booking at its absolute discretion.
3.3 Unless otherwise determined by the Provider the Cost is required to be paid at the time of Booking.
4 Cancellation
4.1 All cancellations must be in writing and sent to the Provider. It is the Customer’s responsibility to ensure the Provider has received notice of any cancellation of the Booking.
4.2 Subject to these T&C’s, where the Customer cancels the Booking:
4.2.a More than 24 hours prior to the commencement of the booking, all monies paid by the Customer will be refunded to the Customer, save for the Cancellation Fee; and
4.2.b 24 hours or less prior to the commencement of the booking (including on the day of the booking and no shows), all monies paid will be forfeited.
4.3 If the Customer requests an amendment to the Booking 24 hours or less prior to the commencement of the booking, at the Provider’s discretion such request may be deemed a cancellation by the Customer and the provisions in clause 4.2(b) may apply.
5 Cost
5.1 Prices are in AUD and inclusive of GST.
5.2 Prices are subject to change. The Provider reserves the right to change the Cost without notice provided that the Cost will not be varied for Bookings that have been paid in full.
6 Accommodation, Tour and Attraction Facilities
6.1 The Provider does not warrant and is not responsible for the suitability, quality, or fitness for purpose of any Accommodation, Tour, Activity or Attraction that is owned, operated, or supplied by an Operator.
6.2 The Customer acknowledges and agrees that any Accommodation, Tour, Activity or Equipment supplied by an Operator is subject to the Operator’s own terms and conditions, and it is the Customer’s responsibility to review those terms as provided in booking confirmations, itineraries, or otherwise made available.
6.3 The Customer acknowledges that it is their responsibility to ensure that any Accommodation is suitable for their individual requirements, including (without limitation) health, mobility, accessibility, and personal preferences.
7 Behaviour Policy
7.1 Anti-social behaviour (including behaviour of a sexual, discriminatory, abusive or offensive nature), intoxication, or any conduct that creates a disturbance or safety risk to other customers, the Provider, an Operator, or any of their respective Representatives will not be tolerated.
7.2 The Provider or the relevant Operator may, at their discretion, immediately terminate the Booking or the Customer’s participation in the Accommodation, Tour, Activity or hire where this clause is breached.
7.3 Where a Booking is terminated pursuant to this clause, the Customer acknowledges and agrees that all monies paid to the Provider or the Operator (as applicable) will be forfeited and no refund will be payable.
8 Equipment
8.1 All Equipment remains the property of, or under the ownership or control of, the Provider, unless the Equipment is owned, hired or loaned by an Operator.
8.2 The Provider does not warrant and is not responsible for Equipment owned, hired or loaned by an Operator, and has no control over the condition, suitability or maintenance of such Equipment.
8.3 To the maximum extent permitted by law, the Provider does not warrant the suitability of any Equipment for the Customer’s individual requirements. The Customer acknowledges that it is their responsibility to ensure that any Equipment is suitable for its intended use and their specific needs.
8.4 The Customer must inspect the Equipment upon receipt and notify the Provider immediately of any defect, damage or concern. By accepting delivery of the Equipment, the Customer acknowledges and agrees that, following reasonable inspection, the Equipment is:
8.4.a clean and in good condition;
8.4.b in satisfactory working order;
8.4.c suitable for its intended hire purpose; and
8.4.d consistent with the description and specifications provided at the time of hire.
8.5 From the time of collection until return, the Customer is responsible for the Equipment and must take reasonable care of it, including responsibility for loss, theft or damage (fair wear and tear excepted).
8.6 The Customer must return all Equipment at the end of the hire period, or earlier on demand. Where Equipment is not returned when due, the Provider may charge a continuing hire fee at its reasonable discretion until the Equipment is returned.
8.7 No refunds will be issued for the early return of Equipment, whether the hire period is shortened, extended, or otherwise varied.
9 Activities
9.1 The Customer is required to arrive at least 15 minutes before the commencement of the Activity.
9.2 If the Customer does not arrive within 15 minutes of the commencement of the Activity, the Provider (or such other third party) has the right to re-book or commence the Activity in the Customer’s absence or cancel the Activity. All monies paid by the Customer to the Provider will be forfeited.
10 Customer’s Warranties
10.1 The Customer warrants that:
10.1.a the Customer has and will comply with all applicable laws;
10.1.c the Customer has and will comply with all lawful directions of the Provider;
10.1.d the Customer acknowledges that the Activity may involve a significant amount of personal risk. The Customer hereby assumes all such risk and does hereby release the Provider from all claims and causes of action arising from any damages or injuries or death resulting from such risks;
10.1.e the Customer will report any and all hazards immediately to the Provider;
11 Termination
12.1 The Provider may terminate the Booking immediately if there has been a breach of the T&C.
12.2 Any termination of the Booking in accordance with this provision may result in all monies paid by the Customer to the Provider being forfeited by the Customer and retained by the Provider at the discretion of the Provider.
12.3 The accrued rights, obligations and remedies of the Provider are not affected by the termination of the T&C.
13 Liability
13.1 In addition to this clause 12, the Customer acknowledges reading and accepting the Waiver.
13.2 To the maximum extent permitted by law, the Customer releases, waives, discharges and indemnifies the Provider and their Representatives from any and all claims and actions, which may be made by the Customer, or on the Customer’s behalf, for loss, in any way arising out of or related to the Booking or the T&C, including but not limited to property loss or damage, bodily injury or death.
13.3 The Provider and their Representatives shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the Booking or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.
13.4 To the maximum extent permitted by law, the total liability of the Provider and their Representatives arising out of, or in connection with, the Booking, the Activity or the T&C is limited to the total value of the Fare.
13.5 This clause 13:
13.5.a applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by the Provider;
13.5.b is intended to be as broad and inclusive as is permitted by law; and
13.5.c does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
14 GST
14.1 Unless otherwise stated, all amounts payable by the Customer are inclusive of GST.
14.2 The Customer agrees to pay GST in respect of any goods or services that the Provider supplies to the Customer and or are supplied to the Customer on behalf of the Provider.
15 Insurance
15.1 The Customer must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation and force majeure events.
16 Force Majeure Event
16.1 If any Force Majeure Event results in the Provider being prevented from, or delayed in, performing any of its obligations to the Customer:
16.1.a then such a delay or prevention of performance shall not be deemed to be a breach of contract or these T&C’s;
16.1.b no loss or damage shall be claimed by the Customer from the Provider by reason thereof; and
16.1.c the Provider shall use its best endeavours to minimise and reduce any period of restriction or interference occasioned by the Force Majeure Event.
16.2 In the event of a Force Majeure Event, the Provider, in its absolute discretion may:
16.2.a substitute different or equivalent Booking in place of cancelled or modified Booking;
16.2.b postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Booking if in the absolute discretion of the Provider it is necessary to do so;
16.2.c offer a transfer of the Booking, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by the Provider in the circumstances), which transfer option is subject to availability;
16.2.d offer a credit, to the value of any monies paid, which credit will be valid for travel within 24 months from the issue date (or such other longer period as determined by the Provider in its absolute discretion), provided that:
16.2.d.(i) any additional costs payable on the new booking will be payable by the Customer in full;
16.2.d.(ii) additional costs may apply for the Booking in future seasons;
16.2.d.(iii) credit terms and conditions are final;
16.2.d.(iv) credits are not able to be extended beyond their expiry date; and
16.2.d.(v) the credit, or any balance on a partially used credit, is not redeemable for cash.
17 Personal Information
17.1 The Customer’s personal information may be used by the Provider and may be disclosed to the Provider’s Representatives, agents, Operators, service providers, suppliers or other third parties for any purpose associated with the Booking. Any use or disclosure of the Customer’s personal information by the Provider will be in accordance with the Privacy Act 1988 (Cth).
17.2 Photos or video may be taken by the Provider or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Customer specifically requests in writing to the Provider to not use the Customer’s image. Otherwise, the Provider is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes.
18 Assignment
The T&C are personal to the Customer and are not able to be assigned.
19 Severance
If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all of the provisions and part provisions remaining after severance.
20 Governing laws
20.1 The T&C are governed by and shall be construed in accordance with the laws of the State of Western Australia.
20.2 The parties irrevocably:
20.2.a submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:
20.2.a.(i) for determination of any dispute claim or demand; or
20.2.a.(ii) with respect to any proceedings which may be brought at any time relating to these T&C,
20.2.b waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum.