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 opening the email and not raising any specific terms or conditions of concern within 72 hours of the date and time of your booking, both parties agree that the following Terms and Conditions apply to the tour or service you have booked with Ningaloo Reef Dreaming PL, trading as Dive Busselton Jetty.
We have tried to keep these Terms and Conditions 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 14 days to 24 hours before the scheduled date and start time for your tour, we are unable to offer you a refund unless we can sell your booking to a replacement customer. In this case, you will receive a full refund less a 20% booking fee
If you don’t turn up for your tour, or turn up for your tour more than 25 minutes after the scheduled start time on the date of your tour, regardless of the reason, you will receive no refund.
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, Acts of God, pandemics, acts of terrorism or other factors that are reasonably beyond our control, or minimum guest numbers needed to run a tour not being reached, we do have to cancel or reschedule a tour. When this becomes necessary, guests on this tour will be booked onto the next available tour instead, or given a tour voucher valid for the next three years to use when next in the region which is sellable or transferable to another person.
Where the company agrees it is unlikely a guest will be able to return to the region in the foreseeable future, the company may elect to refund this guest's booking in full, less any costs already paid to independent third parties such as agents or credit card companies etc. The company commits to making this refund payment in full within the next 12 months. The customer agrees that when the company provides them with either a tour voucher or a date that their refund will be paid to them within twelve months from the date of their tour that the company has fully met its obligations in providing the customer what they paid for as per the agreed Terms and Conditions.
By booking with the company every customer and guest agrees that Dive Busselton Jetty will not be held liable for any costs incurred by you or anyone in your party 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 have negatively impacted on the tour or service you have booked with us. How we make good for the impact of our actions on an individual customer or guest very much depends on the circumstances involved, how much of the tour was completed at the time of the cancellation etc. We commit to never profiting from such situations.
Under this Responsible Refunds policy, we also require our customers and guests to take full responsibility for any and all actions or circumstances that are beyond our control or influence, and for the customer to explicitly agree not to seek any form of refund or recompense from the company in such situations.
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, or hire gear from us.
WEATHER CONDITIONS AND OTHER EXTRAORDINARY ISSUES ARISING
Weather conditions will make the conditions of a number of tours we run 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 as much as practical regardless, and to minimise the impact of the weather conditions on our guests. However, the guest explicitly agrees that they will not hold the company responsible nor liable in any 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 possible 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, relevant government agencies and Seatrek as its Licensor, take no liability in the event of damage, personal loss, injury or sea-sickness of guests. As a SeaTREK Licensee, the company will require you to sign a Seatrek 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 in situations where the customer’s own carelessness or misfortune or choices resulted in this outcome. The customer explicitly agrees to care for the gear issued to them by the company, and to return the gear in the same condition that it was provided to them or to authorise the company to charge the costs of repair and replacement to the customer's credit card. Should customers hire or borrow gear from us, and not return it, the customer agrees 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. However, at any stage if the customer prefers us to cease using images of them, their family or friends within our marketing, we commit to immediately cease using these images for production of any further marketing collateral purposes forthwith.
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 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.
- 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.
- 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 authorises the company to have all such reviews and materials removed immediately, without needing the customer's express permission to do this.
- Subsequent to the removal of such comments, Dive Busselton Jetty commits to doing everything reasonably possible to contact the guest to work through the issues raised, and address any and all issues of concern.
- 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. 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.
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 should, in the company's view, the core components of the tour have been provided prior to the time of cancellation. The company will typically 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.