Horizontal Falls Seaplane Adventures

HORIZONTAL FALLS SEAPLANE ADVENTURES PAYMENT TERMS AND CONDITIONS

1. INDIVIDUAL BOOKINGS (FIT) – applying to all FIT bookings

CONFIRMED BOOKING:

(1) You have made a Booking and have provided us with all necessary information to process your request;

(2) we have received your payment or where post departure payment terms are in place

(3) the booking status is listed as “Confirmed” on the Booking Confirmation email sent to you

We reserve the right to decline a Booking at our discretion. If we decline your Booking and you have made any payments to us on account of that request, then we will promptly refund amounts received by us.

We require names to be given exactly as stated in your passport or driver’s licence (as applicable). If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged by suppliers (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.

2. OUR SERVICES

We commence providing services to you as soon as we confirm your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your Tour. You also receive the benefit of work we undertake in anticipation of bookings.

Our operated Tours

For Tours we operate, our services are limited to: (a) the arrangement and coordination of the Tour Services; and (b) the delivery of Tour Services which we directly control, operate or own.

Additional Services

For any Additional Services you book through us, we act as booking agent for the Additional Services Principal only. The services we provide to you are limited to arranging for you to contract with the Additional Services Principal for the supply of the Additional Services

3. PRICES

Tour Prices stated are in Australian Dollars ($AUD), are inclusive of GST and are subject to change prior to you making a Booking. Your Booking Confirmation will confirm your Tour Price. The Tour Price is for our Tour Services.

Tour Prices for children are appliable to children aged 4 -12 years of age inclusive.. Children aged under 4 years are not permitted to travel. All persons aged under the age of 18 must be accompanied by an adult responsible for them.

If you book any Additional Services through us, you acknowledge that we will not confirm these Additional Services until we receive payment of your Deposit. If the price for any Additional Services increases prior to us receiving your Deposit, then you must pay the increased price otherwise we will not confirm the Additional Services and we will refund you that part of the Deposit attributable to those Additional Services.

International and domestic airfares and airport/hotel transfers are not included in a Tour unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included and are your responsibility. If we incur any of these costs on your behalf, then you agree to reimburse us for them on demand.

4. PAYMENT, AMENDMENTS & CANCELLATION BY YOU

The table below outlines the following dependent on the Fare Class you have booked: (a) when you are required to pay your Tour Price; (b) the terms on which you may request amendments; and (c) cancellation fees payable if you give notice or are deemed to have cancelled your booking.

If your Booking is for any special or promotional offer, the payment, amendment and cancellation terms will be specified in that offer.

The below table will not apply to any special or promotional offers unless the offer explicitly says so.

Payments by debit or credit card are subject to a surcharge equal to the costs we incur to process the payment. Payments may be made by direct deposit. On request we will provide our bank account details. You must make the necessary transfer within 72 hours of making your Booking and send us a remittance advice. If payment is not received within 72 hours of making your Booking, the request will lapse. Bookings made within 14 days of commencement of the Tour must be paid in full by a credit or debit card.

If we are able to confirm a request to amend the dates of travel for your Tour, then irrespective of which Fare Class you originally booked: (a) you and any substitute person are not permitted to make further amendments; and (b) cancellation of the amended Tour will be subject to cancellation fees of 100% of the Tour Price irrespective of when notice to cancel is received.

PAYMENT

100% OF THE TOUR PRICE IS DUE UPON THE MAKING OF A BOOKING

GUEST AMENDMENTS*

Regular Fare-Day Experience:

Date change, tour change, guest name changes are accepted subject to availability up to 72 hours prior to the tour departure

Regular Fare-Day Overnight Experience:

Name, date and product change are permitted up to 30 days prior to the Tour commencement.

Cancellations received more than 30 days prior to commencement of the Tour: Fully refundable.

Cancellations received between 30 days or less prior to commencement of the Tour: Cancellation fee is 100% of the Tour Price

GUEST CANCELLATION

Regular Fare-Day Experience:

Cancellation for any reason more than 30 days to tour departure: Receive full refund

Between 30 and 15 days prior to commencement of the Tour: Cancellation fee is 25% of the Tour Price

14 days or less prior to commencement of the Tour: Cancellation fees is 100% of the Tour Price

Regular Fare-Day Overnight Experience:

Cancellations received more than 30 days prior to commencement of the Tour: Fully refundable.

Cancellations received between 30 days or less prior to commencement of the Tour: Cancellation fee is 100% of the Tour Price

If we cancel your Tour for reasons other than Force Majeure (see below), we will endeavour to accommodate you on alternative dates. If that is not possible or if alternative dates are not suitable for you, then we will refund all funds received by us.

To the fullest extent permitted by law, we will not be responsible for any other loss or costs you incur (for example, accommodation and airfares not included in your Tour, insurance and visa expenses) if your Tour or particular Tour Services are cancelled for any reason.

6. AMENDMENTS BY US

Prior to travel

We may need to make amendments or modifications to the itinerary of your booked Tour and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your Tour’s itinerary or its inclusions that materially detract from the overall characteristics or value of the Tour (where we determine it can still proceed), then we will notify you within a reasonable time and you may elect to:

proceed with the Tour, in which case we will refund you an amount attributable to the reduction in value determined by us acting reasonably; or

cancel your Tour, in which case we will refund you all payments received by us at that time.

If you do not make an election in writing within 7 days of us notifying you of the significant change (or within a reasonable shorter timeframe where the change is notified nearer to your Journey’s commencement), then you will be deemed to have elected to proceed with the Tour.

During travel

You acknowledge that the itinerary and/or the Tour’s inclusions may need to change during your Tour due to local circumstances beyond our reasonable control, including but not limited to poor weather, sea conditions and aircraft maintenance requirements. In these circumstances we will endeavour to make suitable alternative arrangements.

General

To the fullest extent permitted by law:

we will not be responsible for any omissions or modifications to the itinerary of your Tour or its inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications;

if you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept; and

we will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary of your Tour or its inclusions.

7. FORCE MAJEURE

Prior to travel

If: (a) in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your Tour cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or (b) you give us notice no more than 14 days prior to commencement of your Tour that you cannot reasonably participate in it due to Government Restrictions (for example due to border closures), then we may:

reschedule your Tour, but only if you are agreeable to the rescheduled arrangements; or

cancel your Tour, in which case our contract with you will terminate.

If we cancel your Tour, neither of us will have any claim for damages against the other. However, we will issue you with a Credit Note equal to the Tour Price received by us. Please note that our ability to issue you with a Credit Note may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits. In such circumstances we may instead pay you a cash refund of the Tour Price received by us less: (a) unrecoverable third-party costs and other expenses that remain payable by us for your Tour Services; (b) overhead charges incurred by us relative to the Tour Price; and (c) fair compensation for work undertaken by us in relation to the Tour until the time of cancellation.

For the avoidance of doubt and without limitation, an illness, the development of a medical condition or the failure of any commercial transportation not included in your Tour is not considered a Force Majeure event.

During Tour

If we cancel Tour Services due to Force Majeure during your Tour, we will provide you with a refund of recovered third party costs plus any third party costs we don’t incur for the cancelled Tour Services.

General

If we provide you with any alternative services or assistance where Tour Services are cancelled due to Force Majeure which you accept, then you agree that any amount to be refunded to you will be reduced by the value of these services and that assistance.

To the fullest extent permitted by law, our liability to you for cancellations due to Force Majeure is limited to your rights under this clause.

8. NO FALLS / WATER MOVEMENT GUARANTEE

We only operate Tours on days when predicted tidal movements are not Neap. Neap tide block out dates can be found on our website. We also specify particular dates on which water movement is expected to be slow. Water movement may be slow from time-to-time even on dates not designated as ‘slow water’ days due to the changing times of daily tidal movements.

Even so, the Horizontal Falls is a natural phenomenon which is dependent on tides. The experience differs from day-to-day and time-to-time. Although your Tour will include a power boat experience through the location of the Horizontal Falls, we cannot guarantee and we expressly disclaim any guarantee that your Tour through the Horizontal Falls will be at a time when water movement is to your preference. You acknowledge that for safety and cultural reasons, your power boat experience will travel through the ‘wide gap’ and not the ‘narrow gap’.

9. PRIOR TO YOUR JOURNEY

Weight Restrictions

You must accurately declare your body weight at time you make a Booking. This is to ensure a safe and balanced loading of the aircraft. For the safe operation of the aircraft, we cannot carry any person weighing more than 120kg.

You acknowledge that you will be weighed at boarding and we reserve the right to refuse to board you and to cancel your booking if your weight is more than 2kg above the weight you declared at the time of you made your Booking. No refunds will be payable in these circumstances.

If your weight has increased after making your Booking, please contact us at least 30 days prior to the commencement of your Tour to discuss options that may be available to accommodate you. If we are unable to accommodate your increased weight, we will cancel your booking and provide you with a full refund of funds received by us at that time. Prior to paying the refund, we may require you to provide evidence to substantiate your weight gain. If you contact us less than 30 days prior to commencement of your Tour and we are unable to accommodate your weight gain, then you will be considered to have cancelled your booking and no refunds will be payable.

Travel Insurance

It is strongly encouraged that you are adequately insured for the duration of your Tour. We recommend comprehensive travel insurance to cover cancellation, medical requirements, medical evacuation, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your Tour Price. This is because cancellation fees are payable from that time.

Passports, Visas & Vaccinations

If you are not an Australian citizen it is your responsibility to ensure you hold a valid passport with sufficient validity and any required visas for your Tour. It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the Tour.

Health & Fitness

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the Tour. You are required to have a reasonable level of mobility, to be able to board and alight aircraft using stairs, embark and disembark from vessels and to maintain balance on pontoons. Due to space restrictions onboard our aircraft, we are unable to accommodate wheelchairs or walkers. We recommend that all pregnant women discuss whether it is safe for them to participate in the power boat activity with their doctor. Notwithstanding, we do not recommend that women who are more than 26 weeks pregnant participate in the power boat activity…]

If you have doubts about your ability to undertake the Tour, please contact us to discuss your circumstances prior to making a Booking.

Existing Medical Conditions

If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention or special assistance, or which may materially affect the usual conduct of the Tour, then you must advise us prior to or at the time you make your Booking.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your Booking, we will provide you with a full refund of payments received.

If you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you and cancellation fees will apply.

New Medical Conditions

You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention or special assistance, or which may materially affect the usual conduct of the Tour.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees will apply.

Non-Disclosed Medical Conditions

If any non-disclosed medical conditions mean that you are unfit to travel or will require special assistance which we cannot reasonably provide, then we acting reasonably may exclude you from the Tour. This will be considered a cancellation by you and cancellation fees will apply.

Dietary Requirements

Special dietary requests are required to be notified to us at the time of making your Booking. We will endeavour to accommodate your requirements to our best ability. However, we cannot guarantee requests will be met at all times. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens other than in circumstances where we have been negligent.

Risk Acceptances & Waivers

You acknowledge that your Tour may expose you to inherent personal risks which may be greater than those present in your everyday life. This could be because of the adventurous nature of the Tour, travelling through and visiting remote destinations, and interactions with wildlife. You travel on the basis that you accept these inherent risks and that to the fullest extent permitted by law we will not be responsible for any personal injury or death resulting from the materialisation of an inherent risk.

All Tours feature a ride through the natural phenomenon known as the “Horizontal Falls” on a power boat. This is a dangerous recreational activity and there are obvious risks associated with this activity. You acknowledge that the Civil Liability Act 2002 (WA) may exclude our liability to you for any harm suffered by you while engaged in a dangerous recreational activity. It may also limit our duty of care to you regarding risks associated with a recreational activity if we give you a warning about the risk.

You acknowledge and agree that your participation in certain activities may be subject to you agreeing to a form of risk acceptance and waiver of liability for participation in the activity. Independent Suppliers and Additional Services Principals may also require you to agree to such forms.

10. DURING YOUR JOURNEY

Seating Restrictions

Due to aircraft weight restrictions, we cannot guarantee that you will travel on the same aircraft as other people within your travelling party. Children (aged 4-12 years) and their parents/guardians are guaranteed to travel on the same aircraft.

Luggage

Your luggage allowance is limited to: (a) for single day Tours, one small backpack weighing not more than 2kg; and (b) for overnight Tours, one small backpack weighing not more than 5kg. Your luggage must not contain any items which in our reasonable opinion are dangerous, illegal, liable to harm or annoy other guests, or otherwise unsuitable. Luggage limits are enforced. You will be required to leave any excess luggage at the point of embarkation for the duration of the Tour, which will be stored at your risk and cost. You will be responsible for any shipping to the point of disembarkment or such other address as you notify.

General Safety

You must always follow and carry out all lawful directions of our personnel. You must take all reasonable precautions for your own safety and the safety of any person in your care (particularly children). This includes always using hand and guard rails as provided, appropriately restraining children, and ensuring that children are accompanied by a responsible adult at all times.

Remote Areas

You acknowledge that the Horizontal Falls are located in a remote area which is a considerable distance from hospitals, medical centres or other forms of medical facilities.

Behaviour

If you act in a manner that threatens the safety of others (including our (or our suppliers’) personnel, other guests on the Tour, or third parties) or significantly disrupts their enjoyment, our representatives may, acting reasonably, require that you leave the Tour. You will not be entitled to any refund for unused Tour Services and you will be responsible for any additional costs you incur.

Onboard

Smoking (including e-cigarettes or vaping) is not permitted on any vehicles, vessels or aircraft, but is permitted in designated areas of pontoons.

Where a vehicle, vessel or aircraft is equipped with seatbelts, you must always wear your seatbelt when onboard. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle, vessel or aircraft you are travelling on as part of the Tour will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death.

11. UNUSED & DENIED SERVICES

No refunds will be made for of any Tour Services not utilised, whether by choice or because of late arrival or early departure. This includes the failure of commercial transport to operate according to schedule, which we disclaim responsibility for. This does not apply if the reason for your late arrival or early departure was due to our negligence..

12. RESPONSIBILITY

Our Tours

Tour Services supplied by us

To the extent only that we are the principal supplier to you of Tour Services which we directly control, operate or own then we will provide those Tour Services with reasonable skill and care.

We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the Tour Services, or due to an event of Force Majeure.

Services supplied by Independent Suppliers

Where an Independent Supplier is the supplier of Tour Services, you acknowledge that our obligations to you are limited to taking reasonable care to select a reputable Independent Supplier and arranging for them to provide those Travel Arrangements to you. Independent Suppliers over whom we may not have direct control could include hoteliers, independent transport companies (i.e., vehicles not operated by us), excursion operators, venue operators and common carriers.

To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.

Recreational Services

If we supply any Recreational Services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. This exclusion does not apply to significant personal injury caused by our reckless conduct.

Additional Services

You agree that our responsibility to you for any Additional Services is limited to arranging for you to contract with the Additional Services Principal. You agree that you will be subject to the Additional Services Principal’s own booking conditions. Any claim in connection with the supply (or failure to supply) those Additional Services must be made directly against the Additional Services Principal. We will in no way be responsible for the actions, omissions or negligence of the Additional Services Principal or any person engaged by them to deliver the Additional Services.

General liability limitation

We cannot guarantee our schedule. As a result, you should allow ample time for connections. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.

Australian Consumer Law and corresponding legislation in State and Territory jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted.. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.

To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the Tour Services be resupplied or payment of the cost of the Tour Price.

13. COMPLAINTS

In the event of a problem with any aspect of your Tour Services you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.

If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your Tour Services. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant). Notification of a complaint does not guarantee any particular outcome. If you fail to follow this procedure, this may limit your rights to make a claim.

14. REFUNDS

Any refunds payable by us under these Booking Conditions will be made as follows: (a) if you paid us directly with a credit or debit card, we will credit the same card with the refund unless you advise us that the card has expired or is no longer active; (b) if you paid us by direct bank transfer, we will pay the refund to a bank account notified by you; and (c) if you booked your Tour through a travel agent, then we will pay the refund to the travel agent.

15. DEEMED ACCEPTANCE

If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur but would not have incurred had this been the case.

16. IMAGE RELEASE

We and our suppliers may take photographs or make recordings of you and your activities that identify you during the Tour. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your Tour.

17. GENERAL

The contract between us and you is governed by the laws of the State of Western Australia, provided that if the civil liability legislation of Western Australia does not apply because a cause of action arose outside Western Australia, then the contract (to the extent it relates to that cause of action) shall be governed by the State or Territory in which the cause of action arose. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State or Territory of the governing law.

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and foreign privacy laws, if applicable), and our Privacy Policy, which is published at https://horizontalfallsadventures.com.au/privacy-policy/

If these Booking Conditions are published in a brochure, you acknowledge that information within the brochure is correct at the time of publication. However, some details may change including, but not limited to Tour Prices, Tour Services and the associated itinerary. You acknowledge that photos we publish are representative of the Tour but may not reflect that exact experience.

We reserve the right to modify these Booking Conditions at any time without prior notice. We will publish amended Booking Conditions on our website (www.horizontalfallsadventures.com.au). The amended Booking Conditions will be effective upon publication. The Booking Conditions that govern the contract between you and us are those Booking Conditions in effect at the time you make a Booking.

You may check Tour information, including Tour Pricing, Tour Services and the associated itinerary, prior to making a Booking by calling Horizontal Falls Seaplane Adventures on +618 9192 1172

These Booking Conditions are effective and apply to all Bookings made from 15 November 2023.

DEFINITIONS

Additional Services means any services which are not included in the Tour (or not otherwise sold by us as principal supplier) but which you book through us such as pre and post Tour accommodation, flights, car hire and excursions.

Additional Services Principal means the principal supplier of the Additional Services.

Booking means a request from you to book a Tour and any Additional Services.

Booking Confirmation means a document issued by us to confirm acceptance of your Booking subject to these Booking Conditions.

Credit Note means a credit note issued by us redeemable within 24 months after issue against any services offered by Journey Beyond. Credit notes are not transferrable and not redeemable for cash. Redemptions will be subject to the booking conditions applicable to those services in effect at the time of redemption. Refunds will not be made for services cancelled by you after redemption.

Fare Class means the fare class applicable to your booking, with the associated payment, amendment and cancellation terms applicable to that class being specified in the table at clause 4.

Force Majeure means an event or events beyond the control of the parties and which the parties could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).

Government Restrictions means any of the things specified in part (d) of the definition of Force Majeure.

Independent Suppliers means any suppliers of Tour Services which we do not directly control, operate or own.

Neap refers to the tidal phase when the difference between low and high tide is minimal and insufficient to create Horizontal Falls phenomenon.

Recreational Services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:

(a) a sporting activity or similar leisure time pursuit; or

(b) any other activity that:

(i) involves a significant degree of physical exertion or physical risk; and

(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

Tour means a tour which we sell as principal comprising Tour Services.

Tour Price means the price for your Tour.

Tour Services means the travel arrangements and incidental services included in your Tour which may include, ground transportation, flights, accommodation, excursions and guides.

PRIVACY

Journey Beyond respects your privacy and will only use your personal information in accordance with our Privacy Policy. To review full details of how we collect, hold, use, manage and disclose your personal information, you may view our Privacy Policy here: www.horizontalfallsadventures.com.au/privacy-policy