Our Terms and Conditions
These Terms and Conditions over-ride any and all other Terms and Conditions previously provided to you. Please read them carefully. By receiving this email, and not responding to specific terms or conditions of concern before your tour departure date, you are indicating you are agreeing to the following Terms and Conditions under which we operate.
We have tried to keep these very simple and straightforward but if we can clarify what any of them means, or why it is necessary, please don’t hesitate to contact us.
We require payment in full at the time of you booking your tour.
Cancellations : You Cancelling or Rescheduling
If you cancel more than 14 days before your tour, you will receive a full refund.
If you cancel 3-14 days before your tour, you will receive a 50% refund, or a voucher for a Undersea Walk at a later date.
If you cancel 72 to 24 hours before your tour, we are unable to offer you a refund. We will offer you a 50% off Tour Voucher that can be used to book a tour at a later date instead.
If you don’t turn up for your tour, then you will unfortunately forfeit moneys you have paid for your tour and no voucher will be offered.
Cancellations : Us Cancelling or Rescheduling
Cancelling tours is something we do everything we can NOT to do. However, occasionally due to safety concerns, weather conditions, factors beyond our control, mechanical breakdowns, or minimum guest numbers required for a tour to depart not being reached, we do have to cancel or reschedule a tour.
When this is necessary, we will give you a tour voucher valid for the next three years for you to use when you are next in town that is sell-able or transferable to another person. Alternatively, we may give you a full or partial refund for the price of your tour, depending on the circumstances of your tour etc. At our discretion we may also give you a full or partial cash refund for your tour should there be no possibility of you returning to do a tour at a later date.
However, by booking with us you are agreeing that Dive Busselton Jetty will not be held liable for any costs incurred by you relating to your holiday in general, that do not specifically relate to your tour with us. These costs include any and all costs incurred by you in travelling to and from Busselton or the surrounding region, and any and all accommodation and meal expenses whilst in Busselton or the surrounding region.
Dive Busselton Jetty has a Responsible Refunds Policy. Whilst not contradicting any other Terms and Conditions, this basically involves us taking full responsibility for any and all actions that we have taken or failed to take that has negatively impacted on our customers. We will offer a refund that is consistent with our actions, alternative tour experiences that have been providing as a substitute to your tour, and how much of your tour and what components of your tour were completed prior to the tour cessation being necessary.
Under this policy, we also require our guests to each take full responsibility for any and all of their actions that are outside of our control or influence that resulted in them having a less than ideal outcome for their tour with us. Tour refunds are always based on the price actually paid by the customer, not based on the usual price of our tours.
FULLY INFORMING US OF ALL MEDICAL AND OTHER CONDITIONS OF RELEVANCE
All guests are required to fully disclose and communicate to us any and all medical or physiological or psychological conditions or history that may impact on their ability to participate fully in one of our tours in a normal and safe manner.
WEATHER CONDITIONS AND OTHER EXTRAORDINARY ISSUES ARISING
Weather conditions will make the conditions of a number of tours each season less than ideal. Whilst this is outside of our control, we will do everything we can to ensure our guests enjoy their tour regardless, and to minimise the impact of the weather conditions on our guests. However, we cannot be held responsible nor liable for less than ideal weather conditions during a tour.
Similarly, it may become necessary to alter, reschedule, or change aspects of our tour because of weather or other extraordinary issues. In this instance, we will again do everything we can to ensure our guests have the best possibly time they can whilst on our tour, including providing substitute tours to full or partial value if at all possible. However, we cannot be held responsible for when such events occur, and accept no liability for the impact of such changes or associated issues on guests.
NO GUARANTEES TO WILDLIFE POSSIBLE
Dive Busselton Jetty makes no attempt to guarantee that customers will swim with or see any particular marine or terrestrial life whilst on one of our tours. We do guarantee however that we will do everything we realistically can to make these things happen, and to do things as well as we possibly can so you can enjoy your experiences as much as possible.
DIVE BUSSELTON JETTY’S LIABILITY AND THE LIABILITY OF SeaTREK AS THE LICENSOR
Except to the extent required by law, Dive Busselton Jetty and its agents, employees and associated companies take no liability in the event of damage, personal loss, injury or sea-sickness of guests. We will however do everything we can that is reasonably possible to assist in every situation that is brought to our attention.
As a SeaTREK Licensee, you will be required to sign a Liability Release form before commencing your tour, that waives your rights to legal action against either Busselton Jetty Dive, SeaTREK or our employees, agents or related parties, to the full extent allowable by law.
LOSS OR DAMAGE TO OUR EQUIPMENT
Dive Busselton Jetty will require customers to pay for any lost or damaged gear only in a situation where the customer’s own carelessness or misfortune or choices resulted in this outcome. Should customers hire or borrow gear from us, and not return it, by so doing these customers are agreeing that we may charge the full retail cost of replacement gear to their credit card without requiring their express permission to do so.
USE OF PHOTOS AND VIDEOS FOR MARKETING PURPOSES
Customers agree that all photos and videos taken by Dive Busselton Jetty's tour photographer and videographer may be used for marketing purposes by the business without the need for the customer’s approval. Please advise us if you prefer us not to use your photos for marketing purposes within two weeks of you completing your tour. If you take longer than this, by participating in our tour you expressly give us the right to use your images for marketing purposes. If you contact us to tell us not to use your photos of videos, we commit to immediately cease using your image for marketing purposes forthwith, and to remove all such images at the end of their planned use-by date
SOCIAL MEDIA TERMS AND CONDITIONS RELATING TO REVIEWS AND COMMENTS
Dive Busselton Jetty encourages all guests to provide feedback on how it can improve on what it does. (We love compliments too!) Our team is committed to doing the right thing at all times, which includes making good on any mistakes it makes or negative impacts on any of our customers, or other important stakeholders, to the very best of our abilities.
However, because of the significant risks to Dive Busselton Jetty's brand and reputation, and the proven and very real potential of competitors creating false reviews seeking to harm the company's brand and social media presence, Dive Busselton Jetty requires each and every guest to agree to the following Social Media Terms and Conditions when booking with the company.
1)Both parties agree that the act of a guest participating in one of our tours represents each guest's voluntary agreement to fully honour Dive Busselton Jetty's Social Media Terms and Conditions, and all of our Terms and Conditions in general.
2)Each guest agrees to first raise any and all complaints or issues about any negative aspect of Dive Busselton Jetty's operations with the company's management directly, and provide the company's representatives with a fair and reasonable opportunity to make good and address any issues raised to the satisfaction of the customer, prior to posting any reviews or negative comments online.
Guests failing to raise issues about Dive Busselton Jetty's operations with the company prior to placing them on social media sites or into the public domain expressly grant Dive Busselton Jetty the right to act as their agent and express authority on their behalf to have any and all such comments or reviews removed, without any need to first notify the guest that Dive Busselton Jetty will be undertaking this action, nor requiring any form of additional authorisation to undertake this action on the guest’s behalf.
Subsequent to the removal of such comments, Dive Busselton Jetty commits to doing anything possible to contact the guest to work through the issues raised and addressing any and all issues of concern they have raised to the best of our ability.
After we have contacted the guest to work through the issues raised, the guest then has the option and the right to repost their comments on all such social media sites and in the public domain should they then so choose.
3)Should a guest choose to place any form of negative review or comments about Dive Busselton Jetty on any form of social media or within the public domain, they expressly agree to quote their Dive Busselton Jetty unique booking code as a key part of their review or comments.
This will enable Dive Busselton Jetty to verify that the guest has indeed been on one of the company's tours, and is providing a genuine review or comment. Additionally, this is required so that Dive Busselton Jetty can confirm that the guest has first worked through any and all issues being raised within their comments or review with the company’s representatives, as per the previous Booking Term and Condition.
Should a guest fail to provide their unique Dive Busselton Jetty booking number within a review or comments they post about the company, they expressly grant Dive Busselton Jetty and its representatives and agents the authority to act on their behalf and as their authorised agent to contact relevant social media site(s) and have their reviews or comments removed until such time as this information is provided within the review. The guest provides Dive Busselton Jetty all necessary authorities and rights to do this on their behalf without any need to notify the guest of this action being taken on their behalf, nor requiring any further approval from them to take this action.
Dive Busselton Jetty then commits to doing everything it feasibly can to notify the guest of its actions, and provide them with the opportunity to insert their unique booking code within the comments or reviews they have posted so that such comments and reviews can be reactivated as per the guest’s wishes.
TOUR ACTIVITIES NOT GUARANTEED IN FULL
Should weather conditions or other issues beyond the direct control of Busselton Jetty Dive arise that require the early cessation of any of our tours, Dive Busselton Jetty reserves the right to cancel the remainder of a tour without paying the customers any form of compensation for this. We will usually issue you with a voucher for a repeat tour or discount off a repeat tour that will reflect the proportion of your tour not completed at the time of ceasing the activity.
Should Dive Busselton Jetty be unable to supply any good or service offered to a customer as part of a giveaway, the company reserves the right to make good to the best of its ability if this has occurred after the customer has paid for their tour, or give a potential customer the opportunity to withdraw from purchasing a ticket with Dive Busselton Jetty at this time for this reason.
CREDIT CARD FEES AND TRANSACTIONS
Customers acknowledge and agree to Dive Busselton Jetty adding a 1.5% credit card fee to cover the additional costs incurred by the company in taking this form of payment from customers.
Dive Busselton Jetty reserves the right to charge an online or office or phone booking fee on orders, depending on the level of service requirements and associated costs with these. The company commits to minimising such costs and being able to fully outline the basis on which they are calculated to customers on request.