Terms and Conditions

BOOKING TERMS AND CONDITIONS

By signing up to participate in our Kayak Tours you agree to these Terms and Conditions and any other policies we publish or link to on our Website. These form an “Agreement” between you (“the Client”/ “you”/ “your”) and us, Sydney Kayak Experience [ABN 61771256055] (“we”/ “us”/ “our”). If you do not agree with any of these terms and conditions, please do not participate in our Kayak Tours.

MEDICAL WARNING

Undertaking kayaking may have implications on your current Medical Conditions. We suggest that you consult with your medical practitioner prior to commencing kayaking Kayak Tours and that you are mindful of your current health concerns and physical limitations.

If you have any Medical Conditions including pre-existing injuries which may impact your ability to perform the exercises in our Kayak Tour, or if you are pregnant or ill you must notify your instructor prior to commencing the Kayak Tour. Participating in any form of exercise with a Medical Condition is done entirely at your own risk.

It is your sole responsibility not to overexert yourself. Exercise at your own pace and stop immediately if you feel pain or discomfort. You should not continue exercise if your physical condition changes at any time.

By undertaking any exercise program including Kayak Tours and use of any equipment purchased from us, you acknowledge that you do so at your own risk and that we will not be liable for any Loss or Damage arising from or as a result of, or in connection with your undertaking of any such exercise program or following advice contained on our Website or given by us.

Our kayaking instructors and staff are not medically trained and are not qualified to assess whether you are in the good physical condition and/or whether you can engage in exercise without any detriment to your health, safety, comfort or Medical Conditions.

BOOKING AND FEES

Our Kayak Tour fees and timetables are displayed on our Website. We reserve the right to change our fees and schedules from time to time, and these changes will be notified on our Website.

There are a set number of spaces in each Kayak Tour. To attend a Kayak Tour, you must reserve a space by making the full payment. Bookings can be made online.

PERSONAL INFORMATION

When you book an experience, you agree to provide us with your personal information including but not limited to your name, age, medical or health conditions related information and any other information as required (“information”). You represent and warrant that:

• All information you provide is true, correct, current and up-to-date;
• You and any participants are within the weight limits below; and
• Yu will respond promptly to any of our requests for further information.

Your personal information collected by us will be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full HERE

PHOTOGRAPH AND IMAGE CAPTURE

Sydney Kayak Experience photographs paddlers while participating in Kayaking Activities and provides these complimentary photographs to paddlers digitally.

Photographs obtained from Sydney Kayak Experience remain copyright to Sydney Kayak Experience and may only be used or reproduced by the paddler or recipient for private or domestic purposes and must not be used for any commercial purpose, including promotion of any supplier or any supplier’s products or services, without Sydney Kayak Experience’s prior written permission.

WEIGHT LIMITS

Participants agree to the following weight limits:

Single Kayak: Maximum Capacity: 140 kg (Cockpit Width: 23.5″ / 60 cm)
Double Kayak: Combined Maximum Capacity: 170 kg

PAYMENTS

Our Kayak Tour Fees are payable prior to the Kayak Tour and at the time of booking. Except as required by the Australian Consumer Law, no refunds are provided. If you wish to credit your Kayak Tour Fee to a later Kayak Tour, please notify us at info@sydneykayakexperience.com.au. All credits for other Kayak Tours are given at our sole discretion.

KAYAK TOUR WAITLISTS

You can register yourself on the Kayak Tour waitlist If you are unable to book a spot because the Kayak Tour is full. If your selected spot becomes available, we will notify you via email and automatically book you into the Kayak Tour. Please ensure you check your email for your waitlist confirmation.

If you are unable to attend the Kayak Tour, please remove yourself from the waitlist prior to our confirmation. Once you have been automatically confirmed for a Kayak Tour from the waitlist, our Cancellation Policy will apply as ble

KAYAK TOUR SCHEDULES AND OPENING HOURS

Kayak Tour schedules are subject to change or cancellation without prior notice.  We are not liable in any way to provide you with a refund, credit, transfer or compensation of any kind for Kayak Tours that are not held in accordance with the Kayak Tour schedule.

We reserve the right to change our hours at any time, without prior notice to you.  We will use our reasonable endeavours to notify you of any permanent or temporary changes to our hours.

ALL WEATHER

Kayaking with Sydney Kayak Experience is an all-weather experience, kayaking during the time of the sunrise, mid-morning, or sunset we cannot guarantee what the sunrise/sunset or weather will be. Participants are able to purchase rain jackets and pants, suitable for kayaking ($5 cleaning fee will apply).

CANCELLATION POLICY

If we decide the conditions are not safe before the tour starts, we’ll offer you a new date, store credit, or a 90% refund. We decide based on the weather on the day. If conditions become unsafe during the activity, we’ll offer you a new date, store credit, or a 90% refund. We won’t cover any further inconvenience caused by the cancellation.

If the conditions are safe and you decide not to go, we cannot offer a refund or reschedule.

Your cancellation

• Where you provide more than 7 days notice, you can get a 90% refund or choose a new date. We keep 10% to cover our fees.
• Where you provide between 3-7 days notice: You can get a 70% refund or we’ll offer a new date with a 10% rebooking fee. We keep 30% from the refund to cover our fees.
• Where less than 72 Hours notice is provided, or you do not show, we do not provide any refunds, new dates, or store credit.

If you booked a double kayak and one person doesn’t show, we can’t provide a single kayak, and the booking will be forfeited.

INFECTIOUS DISEASES AND SAFETY

There are risks associated with attending our Kayak Tours. We have minimised these risks by complying with government recommendations. You acknowledge and agree that by participating in our Kayak Tours there is a risk of catching an infectious diseases, including COVID-19 and participating is done at your sole risk.

CONDUCT RULES AND YOUR OBLIGATIONS

You are required to treat all persons and property with all due care and respect. We reserve the right to refuse entry to or remove you from our Kayak Tours for breaching our Conduct Rules including any anti-social, intoxicated, disorderly, aggressive, offensive, inappropriate, discriminatory or dangerous behaviour that may threaten the safety or security of our clients, staff, any other persons.

If you consider that someone is breaching the Conduct Rules, please notify our staff so that we can address the issue immediately.

• Please arrive 10 minutes prior to your scheduled Kayak Tour in order to minimise disruption during the Kayak Tour. We reserve the right to re-allocate your spot to someone on the waitlist if you do not arrive on time for your Kayak Tour, and you will not be eligible for a refund.
• We strongly discourage you from departing the Kayak Tour prior to the scheduled conclusion time as it is disruptive to the enjoyment of other participants.
• You are required to always wear appropriate attire for kayaking and must refrain from wearing any that contains offensive prints or designs.
• We expect you to wear clothes and shoes that are comfortable, and you don’t mind getting wet.
• Please bring along a water bottle, sunglasses, hat, and spare shoes for after the Kayak Tour.
• For the enjoyment of all participants and for safety, please turn off your mobile phone before your Kayak Tour unless you are required to due to personal reasons. e.g., you are a medical practitioner on call, in which case, please notify us.

DISABILITIES AND OTHER CONDITIONS

Please contact us at info@sydneykayakexperience.com.au to discuss any special needs or assistance you may require.

PERSONAL BELONGINGS

We do not assume any responsibility to safeguard your personal belongings that you bring into our On the Tour.

As such, we strongly recommend that you:

• refrain from bringing any valuable personal belongings on the Tour, such as mobile phones, jewellery, personal devices, wallets, handbags and purses;
• only bring personal belongings on the Tour that are absolutely necessary for you to possess for the duration of your visit; and
• store any personal belongings in the storage facilities provided for use for the duration of your visit.

We do not take any responsibility for any damage to your personal belongings that you chose to bring with you.

AUSTRALIAN CONSUMER LAW

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your participation in our Kayak Tours including, but not limited to, any theft, unauthorised access or third-party interference.

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

• the supply of equivalent services e.g., another opportunity to book a Kayak Tour; or
• the refund of the payment made for the Kayak Tour.

In any case, our liability to you will not exceed the amount actually paid by you to us for the Kayak Tour.

You acknowledge, agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in participating in our Kayak Tours, and any third-party claims.

TERMINATION AND REFUNDS

We may, at our sole discretion and without prejudice to any of our rights, immediately terminate this Agreement where you breach any term or condition of this Agreement. If you are in breach of this Agreement, you will not be entitled to any refunds including any refunds of any Kayak Tour Packs, and any outstanding Fees become immediately due and payable.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

IF THERE IS A DISPUTE

You acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved by mutual agreement, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

GOVERNING LAW AND OTHER MATTERS

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire Agreement between you and us and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our Website, these Terms and Conditions will prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement will survive termination of this Agreement.