Terms and Conditions (the Terms)

The Terms set out the terms of the agreement between You and Us and by booking and/or participating in Our Tour You agree to be bound by the Terms.

In the Terms:

Australian Consumer Law means the Australian Consumer Law as set out in the Competition and
Consumer Act 2010 (Cth) and/or the Australian Consumer Law (WA) as set out in the Fair Trading Act 2010 (WA), whichever is applicable, and including any subsidiary legislation and as amended, supplemented or replaced from time to time.

Civil Liability Act means the Civil Liability Act 2002 (WA) and including any subsidiary legislation and as
amended, supplemented or replaced from time to time.

Tour means the tour operated by Us and booked and/or participated in by You.

Related Entities and Related Persons have the meaning as defined under the Corporations Act 2001 (Cth).

Terms means theses terms and conditions and as may be amended, supplemented or replaced by US from time to time.

Ticket Price means the full amount payable or paid by You to Us for You to participate in Our Tour.

US or OUR or WE means the businesses of Turquoise Safaris and Sea Lion Charters and any other business from time to time with Australian Business Number 75 937 088 962 and any Related Entities and Related Persons of those businesses, and includes Our officers, employees, agents and contractors.

YOU or YOUR means the person who books and/or participates in Our Tour and includes any other person included in such booking and/or who participates in Our Tour via such booking including minors.

1. Participation Requirements

The Tour requires YOU to participate in marine activities, including but not limited to being and travelling on board a vessel at sea.

To participate YOU:
· MUST be able to swim.
· MUST be aged 3 years +
· MUST be accompanied by a parent or guardian if under the age or 18 years
· MUST be physically and medically fit and able to safely participate.

Participation may not be suitable if YOU are pregnant, Seek medical advice.
Participation is not suitable if you have a back injury.


2. Payment, Refunds, Cancellations

YOU acknowledge and agree that:
2.1 YOU are required to pay the Ticket Price prior to YOUR participation in the Tour unless otherwise
agreed by and arranged with US.

2.2 WE are entitled and reserve OUR right to cancel or alter the Tour at any time depending on the tide,wind, weather conditions or unforeseen circumstances.

2.3 If WE cancel the Tour, then WE will ether reschedule the Tour or refund YOU the Ticket Price at
OUR discretion.

2.5 If YOU cancel YOUR booking and/or YOUR participation in the Tour less than 48 hours before the
departure of the Tour, then a cancellation fee of 50% of the Ticket Price will apply and be payable by YOU.

2.6 No refund of or in respect of the Ticket Price is payable by US to YOU if YOU fail to show up to
participate in the Tour

2.7 Except as indicated above and for any other reason, any refund to YOU of, or as to a portion of, the Ticket Price is entirely at OUR discretion.

3. Risks and Liability

YOU acknowledge and agree that:

3.1 YOU are bound by the Terms.

3.2 If requested by US and prior to participating in the Tour, YOU will complete and sign a waiver form,
the terms of which shall be substantially similar to the Terms, and if YOU fail or refuse to complete and signa waiver form as requested by US then WE will be entitled to refuse YOUR participation in the Tour and YOU will not claim or be entitled to any refund or compensation because WE refused YOUR participation in the Tour.

3.3 YOUR participation in the Tour is participation in a recreational activity according to the Civil
Liability Act and is a provisions by US to YOU of recreational services according to the Australian Consumer Law.

3.4 YOU participation in the Tour may expose YOU to risks of harm to YOU and which may result in
serious injury or death including but not limited to risks of harm because of:

(a) swimming and snorkeling in the sea;

(b) being and travelling on board a vessel and the vessel’s movement being subject to weather and sea conditions;

(c) embarking and disembarking a vessel including entering and exiting the sea from a vessel; and
(d) encounters with marine life.



3.5 YOU will not touch or attempt to touch any marine life or other wildlife.

3.6 YOU will follow the instructions and directions given by US and will listen to all safety briefings and
YOU will seek advice from US if YOU do not understand any instruction or direction provided.

3.7 YOU will inspect all equipment to be used by YOU during the Tour for correct function and
serviceability including any equipment supplied by YOU.

4. Release and Indemnity

YOU warrant and declare to US that:

4.1 YOU will comply at all times with the Participation Requirements.

4.2 YOU are not suffering or have not previously suffered from any physical or medical condition
(including any condition that results in seizures, dizziness, fainting or respiratory difficulties) that may
prevent YOUR safe participation in the Tour.

4.3 YOU are not under the influence of drugs or alcohol whilst participating on the Tour.

4.4 YOU are not taking any medication that carries a warning about any impairment of YOUR physical
or mental abilities and that any medication that YOU do take has been previously approved by an appropriate medical practitioner to enable YOU to participate in the Tour

4.5 If participation by YOU in the Tour includes swimming or snorkeling by YOU in the sea, then YOU
are able and competent to swim in sea conditions.

4.6 Without limiting or excluding any rights YOU may have under any applicable laws, YOU will at all
times indemnify US and keep US indemnified from and against any loss or liability incurred (including legal costs and expenses on a full indemnity basis) suffered by US arising from any claim, demand, suit, action or proceeding by YOU and/or any person through YOU, where such loss or liability arises out of, or in connection with, any act or omission by US and/or any act or omission of YOU and/or YOUR breach of the Terms.

4.7 YOUR participation in the Tour is wholly at YOUR own risk.

4.8 In no event will WE be liable to YOU or anyone else through YOU for any injury or death or loss
including any consequential, special or similar damages, even if WE are advised of the possibility of such damages occurring from YOU or their participation in the Tour.

4.9 In addition and separate to the matters stated above, in no event will WE be liable for any physical or mental personal injury (including the aggravation, acceleration or recurrence of such an injury) to YOU or death as a result from YOU participation in the Tour (or any activity as part of a tour), whether under tort (including negligence), contract or under statute (including under the Australian Consumer Law) including if caused by the negligence of US, unless due to the reckless conduct of US within the meaning of Section 139A of the Australian Consumer Law.


4.10 YOU understand that YOU have rights under the Australian Consumer Law which cannot be legally
excluded and the Terms do not exclude such rights.

4.11 YOU understand and agree that, to the extent permitted under the Australian Consumer Law, WE are entitled to limit OUR liability for certain recreational services and by the Terms have done so.

5. Minors

YOU warrant and declare to US that:

5.1 Any minor included with YOU is authorized by their parent/guardian to participate in the Tour.

5.2 Any minor included with YOU will fulfil their obligations under the Terms.

6. Website

YOU acknowledge and agree that:

6.1 While WE try and ensure that all details, descriptions and prices published on OUR website are
accurate, WE reserve the right to correct any errors and WE will not be liable for any inaccuracies, errors or omissions in OUR website content.

6.2 Any images or footage published on OUR website are for illustrative purposes only.

6.3 WE may make changes to OUR website content (including the Terms) without notice.

6.4 No content may be copied, distributed, transmitted, reproduced, republished, uploaded, modified,
archived, sampled, posted in any way, in whole or in part, without OUR express prior written authorization.

6.5 All intellectual property rights including logos, designs, images, trademarks, graphics, distinctive
brand features and icons are owned by US and nothing in the Terms give YOU a right to use, modify,
distribute, store, transmit publish or display any of them.

6.6 All implied conditions and warranties with respect to OUR website and its content are excluded
except to the extent that such an exclusion would contravene any applicable law.

6.7 WE disclaim all responsibility and all liability (including without limitation, liability in negligence)
for any expense, damage, cost or loss (including incidental, special or consequential loss) YOU might incur as a result of YOUR use of OUR website or its content, including as a result of transmission of a computer virus.

7. General YOU acknowledge and agree that:

7.1 Any provision of the Terms which is void or unenforceable may be severed from the Terms without
effecting the enforceability of the remainder of the Terms.

7.2 Any failure by US to exercise or enforce any right or provision under the Terms will not constitute a
waiver of such right or provision.

7.3 The Terms will be governed by the laws of Western Australia, Australia and you irrevocably submit to the non- exclusive jurisdiction of the Courts of Western Australia.