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Ocean Swim Safaris - Terms and conditions


Our goals


Swim Trek Australia Pty Ltd ABN 45 677 942 040, t/a oceanswimsafaris.com ("oceanswimsafaris.com", "Ocean Swim Safaris", "We", "Us", "Our" ) aims for every swim to be a pleasure, not a chore. We are not about swimming the longest distance in the shortest time. We are not about ticking boxes. We are there to soak up the experience of some very special places and moments and some extraordinary water and swim courses. We want everyone to enjoy their swims, no matter their ability. We are not here to satisfy obsessives who just want longer, faster, farther. We are inclusive, not elitist. If you set new, personal benchmarks along the way, then that's good, but it’s not the aim of the group overall.


This is why We build other activities into Our "oceanswimsafaris". The places we take you are rich in culture, history, cuisine, and character. We want you to sample as much of that as possible. Swimming is the catalyst for our presence, but there's much more to these places than that.


To join us to swim, you need to be able to swim 1km freestyle in the open ocean without stopping. Swimmers often find they actually swim farther than that once they are in the peloton situation. You don't need to be fast and you don't need to be a world-beater. You might not be a swimmer yourself; you might be accompanying a swimmer. Some people just come along for the ride. There still will be opportunities for you to swim in some locations. But when we're swimming as a group, We cannot afford to be stretched out or held back. If you get into the water to swim, then you must swim. We cannot afford for anyone to hang back admiring a coral head, fascinated by an anenome fish, mooching around in the one spot. If you see something interesting, by all means stop or slow down for a closer look, but don’t dwell too long. This is in the interests of the safety of the group overall.  


All guests must be 18 years or over at the beginning of the oceanswimsafari booked, or be accompanied by a swimming adult if aged 16 or 17.


We generally swim 1.5km - 3km in a session, depending on conditions and the experience and capacity of our group.


If you join us on an oceanswimsafari, you must follow the directions of Our oceanswimsafari leaders and/or Our guides. You may also have the opportunity to purchase additional packages from third parties on location which are outside of the oceanswimsafari. Such add-ons are not delivered by us and are not governed by these terms.


Making a booking and paying a Deposit


Booking your spot on one of Our oceanswimsafaris (a "Booking") can be done either online on Our website www.oceanswimsafaris.com, or directly by Us on your behalf where communicated to Us via email or phone. A booking is only confirmed and your spot on the oceanswimsafari only assured once you have paid a deposit equal to 25% of the Package Price (the "Deposit"). Completing a Booking via www.oceanswimsafaris.com will require you to pay the Deposit as part of the online checkout process, after which point you will receive an email confirming the details of your Booking and the payment, while a Booking made by Us on your behalf will require payment of the Deposit within 72 hours of Us confirming this to you, either online through a secure link provided by Us during this process, or by transfer to Our bank account as advised by Us at the time. A Booking made by Us on your behalf is only confirmed once the Deposit has been received by Us, at which point you will receive an email confirming the details of your Booking and the payment. A Booking will lapse if payment of the Deposit is not made within 72 hours of receiving an invoice and/or secure payment link from Us. 


In the case of bookings made within three months of the scheduled oceanswimsafari, full payment of the Package Price is due within 72 hours of the booking.


The individual making the Booking is the "Lead Booker" acting on behalf of all individuals included within the Booking. The Lead Booker will be required to confirm acceptance of Our Terms and Conditions on behalf of all individuals included on a Booking. Additional information on these individuals will subsequently be required from the Lead Booker ahead of the relevant oceanswimsafari starting in order for Us to ensure all individuals safety and enjoyment on the oceanswimsafari, including but not limited to dietary requirements and emergency contact information.     


The Package Price includes room accommodation, escorted swims, and any other relevant components as listed on Our website. We require one booking per room and will issue one invoice per room, irrespective of whether it's double, single, twin share, etc.


Advance deposits


If you would like to secure your place for a future oceanswimsafari before We have released relevant package and pricing details, and We offer the option on Our website, you may lodge a deposit with Us with the option to accept or reject the oceanswimsafari once those details become known (an "Advance Deposit").  It is not guaranteed that such a trip will run before set dates are published, and if ultimately We can't secure dates We will refund the Advance Deposit in full – but if We do run the trip, your spot is secure once the Advance Deposit is paid.


Once We notify you of the details and pricing of the oceanswimsafari, you will have seven days to decline the oceanswimsafari. If you decide within this seven-day period to decline the oceanswimsafari, your deposit is fully refundable.


If you accept the oceanswimsafari within those seven days, the Advance Deposit is set as payment towards the Deposit for the oceanswimsafari. The Booking is only complete once the full Deposit is paid and you have received the confirmation emails from Us. 


If you do not decline the offer within the seven-day period, you will be considered to have accepted the oceanswimsafari and the Advance Deposit will become non-refundable.


This is an excellent way of securing your place in advance of the release of the package oceanswimsafari, while leaving you the option of declining with full refund if the oceanswimsafari, when released, does not suit you. The Advance Deposit is $A500 per person.


Payments and Refunds


Invoices are issued per room Booking and where individuals share a room the Lead Booker will be the primary contact and responsible for payment for the Booking. The Lead Booker will however be able to allow individuals on the Booking to make individual payments through an online account associated with the Booking.


If, for whatever reason, you are unable or do not wish to join the oceanswimsafari you have booked, or wish to change to a different oceanswimsafari, and inform us more than three months ahead of your Booking departure date and ahead of the final balance payment due date, we will either apply the Deposit to the alternate oceanswimsafari you have chosen or convert your Deposit to a credit to use against a future oceanswimsafari. You may change your oceanswimsafari or receive a credit once only, with any credit being valid for twelve months from the point that it is issued at which point it will expire and not be refunded. Within three months of departure, if the Booking has not been cancelled nor the Deposit transferred or credited, the Deposit is non-refundable if you are unable or do not wish to join the oceanswimsafari, for whatever reason.


Final payments are due three months prior to the oceanswimsafari commencing and once paid are non refundable if you are unable or do not wish to join the oceanswimsafari, for whatever reason. The only exception to this is in the situation that a replacement is found prior to the cancelation to at least the full value of the original booking. Once the replacement has paid the Package Price in full, the original booking payments will be refunded.


In the case of bookings made within the three months of the scheduled oceanswimsafari, full payment of the Package Price is due within 72 hours of booking. This payment is 50% refundable until one month prior to the oceanswimsafari commencing, less 25% of the Package Price (equivalent to what would otherwise have been the non-refundable deposit had the booking been made earlier). After that, no part of the Package Price is refundable.


If We have to cancel an oceanswimsafari We will work with our providers to roll over the oceanswimsafari dates to another time. Roll-over dates generally would be the corresponding period of the following year, or another appropriate time. If the roll-over dates are not acceptable to you, then We will offer a voucher/credit note to the full value of your payments to date to be redeemed by the end of the calendar year following, or a full refund of monies paid.  


Our oceanswimsafaris often involve costs incurred in engaging services such as escort boats to assist with swims. The cost of engaging these services is spread across guests taking part in the oceanswimsafari and is included in the Package Price. This applies to all guests, both swimmers and 'non-swimmers'. It is not possible to gain a lower package cost for partners, friends, etc, who are 'non-swimmers'. The reason for this is that, in our experience, 'non-swimmers' often like to come with Us on such boats, etc, even while not swimming. It is not fair that some should be spared a share of the cost of these services while still making use of them.


Invoices for any extras We make on your behalf are due in full within three days (72 hours) of the date you receive Our invoice for such amount. This is because We have outlaid the funds in order to secure the booking with our suppliers.


How We hold your funds


When you make payment to Us in accordance with the payment details provided in Our invoice, We receive your money into an oceanswimsafaris.com bank account. In advance of an oceanswimsafari, We are required to pay certain amounts to our suppliers and providers, such as accommodation deposits and balances, supplier invoices for swim escort bookings, transport bookings, etc. If events occur outside of Our control that prevent your oceanswimsafari going ahead, or that result in your oceanswimsafari being postponed or rescheduled, then subject always to the application of the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law, Our capacity to refund your payments may be limited having regard to the amounts already paid out in good faith to suppliers, and our ability to secure refunds from those suppliers. We do not use your funds for any purpose other than those directly connected with your oceanswimsafari.


Current regulations governing the travel and tour industries do not require Us to be licensed or to contribute to statutory trust accounts.


Events beyond our control


In the event of circumstances arising that are beyond the control of oceanswimsafaris.com, such as pandemics, wars, and government decisions such as travel bans and advisories, which circumstances preclude an oceanswimsafari proceeding on the dates planned (Force Majeure), We will work with our providers to roll over the oceanswimsafari dates to another time. Roll-over dates generally would be the corresponding period of the following year, or another appropriate time. If the roll-over dates are not acceptable to you, then We will offer a voucher/credit note to the full value of your payments to date to be redeemed by the end of the calendar year following, or a full refund of monies paid.


The safety of our guests is of paramount importance to Us and We reserve the right at any time during an oceanswimsafari to change or cancel swim excursions planned if We, Our tour guides or Our suppliers consider weather or ocean conditions unsafe for Our guests to swim.   


Errors and Omissions


We make every endeavour to ensure that tour details and prices are correct. However, due to the possibility of changes in various charges, such as from suppliers and providers with whom We deal, We reserve the right to adjust tour package prices accordingly. Fluctuations in exchange rates may also prompt review of final tour prices after original quotations. Such changes in prices will be notified to you prior to you making or completing a booking for an oceanswimsafari.


All prices quoted are in Australian dollars.


Intellectual Property


At oceanswimsafaris.com We have put in a lot of work to research our oceanswimsafaris, including accommodation, transport arrangements, dining venues, other activities, and, especially, our swim courses. In accepting these terms and conditions, you agree that you will not divulge details of these matters to others, other than those engaged on the same oceanswimsafari as yourself. This includes details of where we swim, how we get there, where we go when we swim, swim routes, and where we enter and exit the water. If you track our swim courses using GPS systems, and/or you upload the data to online sites, you agree that you will not share that data other than with those engaged on the same oceanswimsafari. You also agree that you will not share or divulge the data uploaded by others on your oceanswimsafari to anyone other than those engaged on the same oceanswimsafari as yourself.


Photography and Media


We may take photographs and video recordings during our trips which may include participants.


By participating in a trip, you acknowledge and agree that:



For more information about how we handle personal information, please refer to our Privacy Policy.


Fees


Once booked, changes in booking arrangements may incur a $100 amendment fee. Suppliers and providers may also levy an amendment fee which will be an additional charge.


All prices quoted are in Australian dollars.


A late booking fee of $200 applies to bookings made less than 7 days prior to departure.


Those travelling alone will be required to pay the entire cost of their accommodation. This will be adjusted should singles end up sharing accommodation.


We do not put singles together, although this can be arranged directly between individuals. From past experience, this sometimes does not work.


Visas


Oceanswimsafaris generally commence on arrival in the destination country or location or, in some cases, in a transit country. You are responsible for ensuring that all necessary visas are obtained prior to departure, that all necessary visa requirements are met, and that your passports are in order with an expiry date sufficient to allow access to countries visited (generally minimum six months' validity from onward departure from a country).


You are responsible for meeting other requirements for access to countries. The normal refund policies set out in these terms apply if we are unable to deliver the oceanswimsafari to you, due to your failure to meet the requirements set out in this clause.


Health


Oceanswimsafaris commonly involve swimming distances of up to around three kilometres (3km) in ocean conditions, as well as a range of other activities as specified on the information web page for each oceanswimsafari. Actual distances depend on conditions and may range from c. 1.5km to 3.5km.


In submitting your booking form, you declare that you are sufficiently fit and healthy to undertake the relevant oceanswimsafari.


If you have any medical or physiological conditions that might affect your capacity to undertake the relevant oceanswimsafari, you agree to consult your medical practitioner prior to embarking on the oceanswimsafari. You must also notify Us at the time of booking, or between the date of booking and the date of your oceanswimsafari starting if anything relevant changes, of any medical conditions or physical impairments that may affect your capacity to undertake an oceanswimsafari.  Failure to do so may result in cancelation of your booking.


You agree that oceanswimsafaris.com will not be liable for medical or physical conditions that arise with you in the normal course of the oceanswimsafari, either known to you beforehand or arising during the oceanswimsafari, unless caused by, and then only to the extent cause by, Our "reckless conduct" as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth).


In the event of medical or physical conditions arising with you during the oceanswimsafaris, We will provide reasonable assistance as necessary and practical. We are not able to fund medical, transport or other costs that normally would be covered by travel insurance.


You are strongly advised to consult your doctor in regard to precautions that may be advisable in regard to countries and locations that you plan to visit. Some events, particularly in Europe, require medical certificates attesting to your fitness before they will allow you to take part. You must ensure that you are aware of what is required for your tour. Please check with oceanswimsafaris.com to ensure you are aware of what is required in order for you to take part in tour events. It's your responsibility to obtain any necessary medical certificates (best to carry copies, too). The normal deposit refund policies apply if We are unable to deliver the oceanswimsafari to you, due to your failure to meet the requirements set out in this clause.


Security


You are responsible for the safety and security and good functioning of all equipment and possessions which you bring with you on your oceanswimsafari. You agree that oceanswimsafaris.com, its principals and its representatives, are not responsible for any loss, theft or damage to any of your possessions during your tour.


Your responsibilities


You are responsible for ensuring that you comply with and meet departure times and arrangements as notified by your tour leader(s) during the course of your tour. You acknowledge that your tour party will comply with these arrangements irrespective of whether you are in attendance. This means that, if you are late for any notified departure, the tour party may not wait for you.


You must ensure that the name you provide to Us on your booking form is exactly as it appears on your passport. (Your name in which your airline tickets are booked must also be exactly as it appears on your passport.)


You will be issued with an oceanswimsafaris.com swim cap. This must be worn at all times during programmed swims. No cap, no swim. You agree to this in agreeing to these terms and conditions.


You agree to follow the directions of your group leaders. Their primary concern is your safety, first, and that you enjoy your swims with Us.


You are responsible for your behaviour and that of your group. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your group by terminating your trip if disruptive or dangerous behaviour occurs.


Guests


Participation in all activities of our oceanswimsafaris is available only to those who have booked and paid to come with Us. Please avoid embarrassment: don't invite your friends, who 'happen to be in town', to join our group. They will not be included. It is not possible to cherry-pick an activity and join Us just for that, or even something 'here or there'. Payment is for the entire package for the period over which you book. It is possible with some oceanswimsafaris to join Us for part of the tour. This is determined by days, not by individual activities. Ask Us for more information.


Travel Insurance


Travel Insurance is compulsory. You must take out travel insurance to cover the period of your tour covering loss, theft, damage, illness, accident, and consequent medical treatment, transport and related events. These contingencies are not the responsibility of oceanswimsafaris.com or their principals or representatives. We will not be responsible if you ignore or act contrary to the directions or advice of your oceanswimsafaris tour leaders, or if you breach the terms of your personal travel insurance.


Payments


Payments towards a Booking will generally be made online through Our booking process, although We accept payment directly to Our bank account as well. Details will be provided separately is this is requested. Please note your surname and your invoice number on your transfer/deposit in the transfer confirmation with your bank. You should also email Us at info@oceanswimsafaris.com to notify Us of the transfer.


Liability and Disclaimer


Nothing in these terms and conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.


To the fullest extent permitted by law, Our liability to you for a breach of a non-excludable guarantee referred to above is limited, at Our option, to: (i) the resupply of the applicable services; or (ii) the payment of the cost of having the applicable services supplied again.


Notwithstanding the above, by agreeing to these terms and conditions, you agree that your rights to take action against Us for a breach of any consumer guarantee referred to above is excluded if you are killed or injured because the services provided were not in accordance with the consumer guarantee.  This exclusion does not apply to any significant personal injury you suffer that is caused by Our reckless conduct.


We will not be liable, and You release and discharge oceanswimsafaris.com, its principals and representatives, to the full extent possible at law, for liability for any loss or damage suffered by you or any other person whose name appears in your booking form, where it is due to:



Our total liability to you will be limited in aggregate to the Package Price you have paid to Us.


We are not liable to you for any indirect or consequential loss or damage that you may suffer or incur.


Governing Law


These terms and conditions are governed by the laws of New South Wales, Australia. The courts of New South Wales, Australia, will have jurisdiction over any disputes arising out of these terms and conditions.

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