Horizontal Falls Seaplane Adventures

HORIZONTAL FALLS SEAPLANE ADVENTURES PAYMENT TERMS AND CONDITIONS

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

CONFIRMED BOOKING: Your booking is confirmed when:

(1) you have made the booking, complete with all information required

(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

2. GROUP BOOKINGS

The following definitions apply and will be considered a Group Booking. Groups Terms and Conditions will apply to all Group bookings and will be provided as part of the Group Booking Contract.

(1) Bookings of 11 or more persons,

(2) Bookings for multiple/re-occurring departure dates eg tour series allotments (irrespective of guest numbers)

4. BEFORE YOU CAN TRAVEL

WEIGHT RESTRICTIONS

All guests must declare their accurate body weight at time of booking to ensure safe and balanced loading of the aircraft. All guests will be weighed at boarding and will be refused boarding if their weight is over the declared weight on the booking and no refunds will be provided.

We are not able to accommodate last minute weight increases on the existing bookings. If your weight has increased, please contact our Reservations team minimum 14 days prior to tour departure in order to discuss options or cancel your booking and receive full refund.

Separately to the weight declaration, for safety reasons, we cannot carry passengers weighing more than 120kg.

All weights are recorded in KG’s

SEATING RESTRICTIONS

Passengers can request to be seated together on the same aircraft; however, this is not guaranteed due to strict weight limits per aircraft. Multiple aircrafts carry passengers on the same tour each day, therefore on rare occasions, larger parties may need to be split up depending on individual passenger weights and prior notice will be given. Children (aged 4-12 years) and parents are guaranteed to always be seated on the same aircraft.

CHILDREN

For safety reasons, minimum age for Guests is 4 years and minimum weight is 15kg. All children must be accompanied by an adult carer.

PREGNANCY

The boat ride through the horizontal falls may not be suitable for women over 26 weeks pregnant.

FITNESS FOR TRAVEL

You must ensure that you are medically and physically fit for travel. Before you confirm your booking, you must advise us of any medical or physical condition(s) that may require medical attention, medication, or special treatment during your tour.

If a guest has a condition that we decide may significantly affect the enjoyment, health or safety of themselves or any other person on board, we can refuse or cancel a booking.

Any guests unsure about their fitness for travel should seek medical advice prior to booking and advise our Reservations team minimum 14 days prior to tour departure. We are not able to provide refunds for bookings cancelled within 14 days prior to tour departure if the medical condition/fitness to travel status was not communicated to us at the time of booking.

We are not able to accept guests with crutches, walkers or wheelchairs, as they would not be able to be carried onboard a seaplane and on any other part of the tour. Guests must be able to walk reasonable distances unassisted, climb several stairs at various locations on tour, be able to keep balance onboard our floating pontoon and be able to keep up with the pace of the tour.

TRAVEL INSURANCE

We strongly recommend that all guests arrange their own travel insurance prior to travel to cover any unforeseen circumstances, cancelation, lost or damaged property and emergency medical treatment.

DIETARY REQUIREMENTS

All dietary requirements must be advised at the time of booking. Whilst we endeavour to accommodate all requests, there is still a risk of cross contamination as all food is prepared in the same kitchen. If in doubt, please contact our Reservations Team directly.

DANGEROUS GOODS

Your luggage must not contain any items which in our opinion are dangerous, illegal, liable to harm or annoy other guests, or are otherwise unsuitable. We reserve the right to deny boarding or eject any Passenger that fails to comply with this clause.

5. SEASONS, WEATHER AND TIDES

HORIZONTAL FALLS ENVIRONMENT

All our tours feature a ride through the Horizontal Falls on a Power Boat, which contains a certain degree of risk. We have a duty of care to all our passengers and take all necessary precautions to ensure guest and staff safety. However, as the tidal movements and the natural environment of the Horizontal Falls can be unpredictable, all guests must be aware that our tours are a dangerous recreational activity.

TIDES/ GUARANTEE OF PASSAGEThe Horizontal Falls are a natural phenomenon, and as much as we will endeavour to take you through the main falls when the water movement is at its optimum, the experience will differ from tour to tour. As a safety conscious tour operator, our power boats operate under mandated guidelines encompassing both speed and the areas they operate within.

We endeavour to provide our guests with the best power boat ride experience possible given the tide height at the time of your tour and we cannot guarantee that your fast boat passage through the Horizontal Falls will be specifically at the peak of the tide height.

As the Horizontal Falls are a natural phenomenon influenced by fluctuating tides that vary daily, our tours only take place when the predicted tidal movements are not neap, to avoid taking guests out when there is the least difference between high and low tide. Neap tide block outdates can be found on our website.

SEASONALITY AND TOURS ITINERARY

HFSA operates seasonally from March to November and exact season and individual tour

commencement and conclusion dates are subject to change.

Between the months of March to May and September to November, the weather is expected to be hot, humid, windy and on occasion wet. The tours will run if deemed safe to do so.

We reserve the right to cancel or make amendments to existing tours itinerary at any time and will endeavour to provide as much notice as possible.

6. ONBOARD

(a) No Smoking Policy - All our vessels adhere to smoke free rules in accordance with relevant state government regulations. Unless designated areas have been created and assigned Passengers are not permitted to smoke (including e-cigarettes) on board.

(b) Safety -

1. Passengers must always follow and carry out all lawful directions of the pilot, bus driver, Master and/or crew members of the relevant vessel/pontoon or at any of the Horizontal Falls tour arrival and departure points (hanger, airport, airstrip).

2. Passengers must take all reasonable precautions for their own safety and the safety of any person in their 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 and paying attention to the safety briefing given by staff and/or crew members on commencement of tour or activity.

3. Neither we, the vessel nor any crew member/staff member shall be held responsible for any loss or damage (including personal injury) suffered by any person, as a result of breach of that person’s safety obligations, or their failure to utilise all safety devices and precautions as provided and/or advised on board the vessel, or caused by any passenger acting in an unreasonable, unnecessary, or unsafe manner.

7. GUEST AMENDMENTS, PAYMENTS AND CANCELLATIONS

FARE: The fare for your Tour is the amount stated in your Booking Confirmation, noting that:

(1) We reserve the right to alter prices, alter itineraries, apply fuel surcharge, cancel departures, arrange alternative transport, and vary itineraries and services if necessary

(2) All prices are stated in Australian dollars and include GST

(3) Child fares are for children aged between 4-12 inclusive

(4) Family rates are for 2 adults and 2 children travelling together

(5) Prices are valid for travel from 22 March – 11 November

(6) Marine Park Fees apply and are payable at time of booking

MARINE PARK FEES: Marine Park Fees are payable at time of booking.

To ensure the conservation and preservation of the Lalang-garram / Horizontal Falls Marine Park, and to provide opportunities for Dambeemangarddee Traditional Owner employment, fees apply to all visitors. Horizontal Falls Seaplane Adventures collect fees on behalf of the Marine Park’s joint management body comprising of the Department of Biodiversity, Conservation & Attractions, and the Dambeemangarddee Aboriginal Corporation.

Fees are as follows (subject to change): $5.50 per person for day (or part thereof) visitors $17.00 per adult and $7.20 per child (4-12 years inclusive) for overnight stays and $10.50 per guest older than 5 years for helicopter or fixed wing scenic flights from the Park.

PAYMENT:

(a) Time of Payment: For all tours we must receive full payment at the time of booking.

(b) Credit Card Payments. A non-refundable transaction fee applies to payments made by credit card as follows:

1.42% - Mastercard & Visa only

(c) Direct Debit If you choose to pay by direct debit our payment details will be provided via Invoice. No Booking and Service fee applies for these payments. Full payment is required within 72 hours of making the booking and remittance advice must be provided to us as proof of payment. Booking confirmation number must be included in the payment reference for tracking. If payment is not received, the booking will be released.

INCLUSIONS: Your Booking Confirmation sets out the details of all goods/services that are included in your tour

CANCELLATION AND AMENDMENTS POLICY

Standard Fare Promotional Fare

GUEST AMENDMENTS Date change, tour change, guest name changes are accepted subject to availability up to 72 hours prior to the tour departure Nil amendments permitted within 72 hours prior to tour departure, any amendments within 72 hours prior to tour departure will be considered as cancellation Date changes permitted up to 72 hours prior subject to tour availability and promotional fare validity.

GUEST CANCELLATION Cancellation for any reason prior to 14 days to tour departure Receive full refund Bookings made on Promotional Fare are non-refundable and cannot be transferred into future credit irrespective of circumstances (unless due to a Force Majeure event or government-imposed travel restriction). Should the booking be cancelled at any time and for any reason, 100% cancellation fee will apply.

Cancellation for any reason other than Force Majeure event (eg change of mind, change of plans, increase in declared weights) within 14 days prior to tour departure Full cancellation penalty, no refunds and no credit vouchers permitted

Cancellation due to a Force Majeure event or government-imposed travel restrictions due to Covid 19 can be made 14 days - 24 hours prior to tour departure Receive credit voucher for the full value of the booking/monies paid on the booking. The voucher will be valid for travel for 24 months on Horizontal Falls Seaplane Adventures or any other Journey Beyond product. To view those products, visit www.journeybeyond.com. Once a secondary booking has been made using the travel voucher, the booking cannot be cancelled or refunded at any time regardless of notice period however additional date changes will be permitted - see Guest Amendments.

Cancellation for any reason within 24 hours prior to tour departure Full cancellation penalty, no refunds and no credit vouchers permitted

HFSA CANCELLATION Cancellation made by HFSA due to operational requirements or adverse weather conditions up to the date of the tour HFSA will endeavour to accommodate guests on an alternative tour date pending availability. If this is not possible then a full refund will be issued.

REFUND PAYMENTS

Any travel voucher or refund payable by HFSA under this agreement will be

calculated to take into account the monies paid under the booking

and the amount of the tour that has been used less credit card surcharge.

Any refunds for the booking will be payable back to the original card. If a booking was paid for via direct deposit, the refund will also be processed via direct deposit. The guest will be required to provide a proof of bank account details via email (for example bank statement header outlining guest name, BSB and Account number). If a booking was made through a Travel Agent,

any refund will be returned to that Travel Agent for their payment to the guest.

THIRD PARTY BOOKINGS

Bookings that are made through third party booking channels such as a travel agent or online booking engine other than www.horizontalfallsadventures.com.au are subject to third party booking terms and conditions. All booking amendments and cancellations must be directed through the original booking channel.

8.OUR OPERATIONS

(a) Connections. We cannot guarantee our schedule. To the extent permitted by law, we are not liable for any costs deriving from the failure of a Passenger to connect with other services. As a result, Passengers should allow ample time for connections to flights and other services

(b) Warranties, Exclusions and Limitation of Liability.

1. To the extent permissible by law (and without limiting the operation of any statutory guarantee under the ACL), we will not be liable for any death or personal injury, loss of or damage to luggage or goods, consequential losses, loss of profit or any similar claims arising from any use of the services or arising out of our negligence, including delay, or any inaccuracy with respect to information relating to transport, services or pricing.

2. We are not liable in negligence for harm suffered by anyone as a result of the materialisation of an obvious risk of any dangerous recreational activities. You and any passengers travelling under this booking are made aware of the obvious risks of boarding a vessel and participating in any related activities.

3. To the extent that part of the services is supplied to the guest by a third party, any warranty offered by us in relation to those services will be limited to our right of redress against the third party arising out of any alleged fault or defect in the services.

4. Nothing in this agreement restricts, limits or modifies your rights or remedies as a consumer against us for failure of a statutory guarantee under the ACL.

9. MISCELLANEOUS

WAIVER AND AMENDMENT

(a) Waiver and Amendment. A provision of this agreement may not be amended or waived except in writing signed by our authorised representative.

(b) Enforceability. If a term of this agreement is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from this agreement without affecting the enforceability of the remaining conditions.

(c) Disclaimer. Images in any of our brochures or advertising materials are indicative only and may not reflect the exact experience or destination.

(d) Third Parties. The service that you book through us may involve several parts, some of which are provided by us, some of which are provided by third party operators. We may act as an agent for such third-party operators (such as local tours and catering) but we have no liability to you for their services.

(e) Group Bookings and Charters. These Terms and Conditions do not apply to group and charter travel. Separate booking conditions, pricing and payment terms will be provided for group/charter travel.

10. DEFINITIONS

a) HFSA – Horizontal Falls Seaplane Adventures

b) FIT – individual guest bookings where a single booking does not exceed 10 people

c) ACL means the Australian Consumer Law as that term is defined in the Competition and Consumer Act 2010 (Cth).

d) Booking Confirmation means the notification from us to you containing the details of your booking.

e) Dollars or $ means Australian Dollars.

f) Force Majeure event means an event or circumstance which is beyond our control and without our fault or negligence and which was not reasonably preventable, including:

riot, war, invasion or acts of terrorism.

requisition or compulsory acquisition by any governmental or competent authority, a material change in legislation or directions by a government authority;

medical outbreak, or contamination of any kind;

earthquakes, flood, fire, or other physical natural disasters; and

strikes or industrial disputes which affect an essential part of the service.

g) Passenger means anyone travelling with us under your booking.

h) We/us means Horizontal Falls Pty Ltd, ACN 140 138 852 in the Booking Confirmation

i) You means the person or entity that made the booking and is named in the Booking Confirmation

j) Standard Fare – full price fare bookable either on HFSA website or directly with HFSA Reservations team either via phone or email

k) Promotional Fare – any special fare derived from the Standard Fare whereby either reductions, percentage discounts, or free value adds are offered as part of the fare. Promotional Fares are offered on an ad hoc basis and special Terms & Conditions apply.

11. 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: https://horizontalfallsadventures.com.au/privacy-policy/