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Terms & Conditions

 

These terms and conditions, as may be amended from time to time, apply to all our services and products sold, directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website (the "service") are owned, operated and provided by escapeecoadventures.com.au ("Escape Eco Adventures", "us", "we" or "our") and are provided for your personal use only, subject to the terms and conditions set out below.

 

Tours & Camps

Note that the terms and conditions for our tours and camps (e.g. Whitsundays Tour) differ from these terms and conditions. The tour and camp T&Cs can be found on the tour or camp web page or by emailing us at info@escapeecoadventures.com.au.

Availability

All bookings and products are subject to availability. These are highly weather and demand-dependent activities. At Escape Eco Adventures we endeavour to provide our students and clients with conditions that facilitate the safest and most effective learning experience. As a result, you will need to wait until the conditions align with your availability and our availability to use your voucher/lessons etc. This can take time but rest assured we are as excited to teach you as you are to learn and will book you in as soon as we can!

Weather Conditions

As all activities are weather dependent, in the event the weather is not suitable for the said activity on the day, a full refund (if the booking is made and paid for directly with Escape Eco Adventures) or alternative booking date will be offered at no penalty to you. Where an activity is shortened by us (due to adverse circumstances e.g. weather conditions, instructor injury), the unused portion is rescheduled or added to your next activity.

Please note that we will run the lesson if the wind is suitable. This means sometimes it will be raining. Rest assured when you get out on the water you will barely notice the rain because you'll be too hooked on how epic kitesurfing is so don't let the weather get you down! We offer wetsuits for lessons to keep you warm and you're going to get wet anyway so you may as well have fun doing something epic! On-the-day cancellations due to it not being sunny will not get a refund.

Cancellations or Booking Amendments

A 24-hour cancellation or re-scheduling period is required for all lessons or rental bookings otherwise payment/voucher will be voided. If due to illness or you tested positive for COVID and cannot attend as a result, a $100 re-booking fee will be charged, if you can provide a positive test certificate or a medical certificate to confirm due to your condition you cannot attend the booked in activity. 

If the weather is considered unsuitable or we need to cancel your activity, we will do our best to call you with sufficient notice, but sometimes the weather changes unexpectedly. In the event of a postponement or cancellation, your lesson or club activity will be rescheduled to the next available time. Escape Eco Adventures strives to get you riding and will do everything possible to reschedule your lesson or club event promptly!

No Shows

No shows will void any vouchers or moneys paid.

Health Requirements

If a client appears to be intoxicated or deemed physically unfit for the said activity, management has the right to refuse participation. Any booking fee or voucher used will be voided. All participants must be of reasonable health and able to swim and tread water unaided. Some activities are age and weight governed. Please read the conditions on voucher or offer or contact us via email for any clarifications. A surf hat, wetsuit, zinc, and sunglasses with a surf strap are recommended for all participants.

Indemnity Form and Acceptance of Risk

Every participant must complete an indemnity form in full before participating in any activities. Children under 18 must be signed by an accompanying parent or legal guardian. The form requires each participant to declare that they understand that the practice of water sports employing the nature of sea and weather, has an element of danger and unpredictability and thereby involves the possibility of permanent and serious physical injury. In consideration of the right for themselves or their child to participate in training classes conducted and contracted by Escape Eco Adventures, they acknowledge and agree to assume all of the risks inherent in such practice and to hold the organization and people involved; Escape Eco Adventures, and their instructors, servants and agents free from any and all liability, claim or demand, no matter how caused, whether by or through their negligence, for any injuries and/or expenses, and to indemnify them from all claims arising from myself/my dependent’s participation in these classes. They also accept full responsibility for all loss or breakages of equipment that is hired under the agreement. They are also advised to take up relevant insurance cover before participating. By signing the form they also accept the release of liability, waiver of legal rights and assumption of risk.

Limitation of liability

We contract with a network of companies, government agencies and individuals to assist in the running of our activities as agents for these third parties. We are not responsible for the acts and omissions of these third parties. 

To the fullest extent permitted by law:

  • Any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in the activity, or any breach of the Booking Conditions, is excluded;

  • You release us and our officers, employees, agents, and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in the activity; and

  • Any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.

To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar activity to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking. 

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

Payment

Full payment must be made before any activity commences. Payment can be made by cash, EFTPOS or with all major credit cards. Some payment methods may be subject to fees which are not recoverable by us in the event of a refund.

Photos and Marketing

You consent to us using images of you taken during the activity for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free worldwide, irrevocable license to use such images for publicity and promotional purposes.

Contractors

Escape Eco Adventures uses external contractors for some lessons and rental activities.

Privacy Policy

Our company's privacy policy can be viewed on our website under 'Privacy Policy' page.

Gift & Lesson Vouchers

Gift and lesson vouchers are valid 2 years from the date of purchase. Vouchers are transferable between all lessons of equivalent value and can be given to a third party; refunds are not possible under any circumstances (except those required by law). It is the responsibility of the recipient to book and complete the lesson within the two year voucher period though we will endeavour to contact you whenever times line up with your availability.

Lost lesson and gift vouchers may be redeemed if proof of purchase can be shown. Escape Eco Adventures reserves the right to refuse a replacement if no proof of purchase can be shown.

 

All participants are strongly advised to read through our terms and conditions at the point of booking and before participating in any activities offered by Escape Eco Adventures.

 

This policy was last updated on 15th February 2023.

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