Dive Busselton Jetty

PLEASE READ THE FOLLOWING CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR TOUR.

Terms and Conditions when you book with Dive Busselton Jetty.
These Terms and Conditions over-ride any and all other Terms and Conditions previously provided to you. Please read them carefully as when you book your ticket on one of our tours you are agreeing to abide by these terms and conditions in all circumstances and situations.
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.
References to Undersea Walk also apply to SCUBA diving and snorkelling activities and other activities run by us or our agents in the environs of the Busselton Jetty unless specifically stated otherwise.

WHERE AND WHEN TO MEET US
PLEASE MEET US AT THE DEEP END OF THE JETTY (WHICH IS 1.7 KILOMETERS OUT TO SEA) 5-10 MINUTES BEFORE YOUR TOUR'S SCHEDULED START TIME.
IT WILL TAKE YOU UP TO HALF AN HOUR TO GET FROM THE SHORE TO WHERE YOUR TOUR STARTS FROM ON THE DEEP END OF THE JETTY. (This does not include time required to find parking at the Jetty when you arrive if it is busy.)
Due to safety issues it is not possible to join your tour after the safety briefing for your tour starts. Whilst our team will do everything they can to fit you onto another tour standby (ie you go if there is a space available) during your holiday if this is not possible you will unfortunately forfeit your tickets without any refund being payable.
So please do NOT be late for your tour start time.

PAYMENT TERMS
We require payment in full at the time of you booking your tour.

CANCELLATIONS
Cancellations : You Cancelling or Rescheduling
If you cancel more than 14 days before your tour you will receive a refund less a $40 booking fee and less any commissions or fees payable to agents who made your booking originally or a voucher valid for three years.
If you cancel 3-14 days before your tour you will receive a 50% refund less any commissions or fees payable to agents taking your booking originally or a voucher valid for three years.
If you cancel less than 72 hours before your tour we are unable to offer you a refund.
If you don’t turn up for your tour you forfeit your ticket. If you turn up after the safety briefing for your tour has commenced you forfeit your ticket without any obligation on us to provide you with any form or refund or rescheduled tour.
If you decide to not complete your undersea walking tour before you step away from the bottom of the dive ladder onto the seafloor beneath the Busselton Jetty we may pay you a partial refund. The amount of this refund will be the amount you paid for your ticket less $99. No refund is payable if you decide to end your tour early after you have let go of the dive ladder and commenced your undersea walk.

CANCELLATIONS AND REFUNDS
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 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 and to not hold us responsible for factors beyond our control.
Tour refunds are always based on the price actually paid by the customer not based on the usual price of our tours.
Cancelling tours is something we do everything we can NOT to do. However on occasion we may need to cancel a tour due to safety concerns weather conditions and other factors beyond our control or not having enough guests to be able to run a tour without making a financial loss doing so.
We strongly recommend all guests take out travel insurance if they are wanting to be able to get a full refund for tours that are cancelled for factors outside of our control. A significant proportion of our costs in delivering our tours are already incurred in the very act of having staff and operations on hand ready to go so providing a full refund for factors beyond our control is not something we can afford to do.
Should we cancel a tour we reserve the right to do everything we can to reschedule you onto our next available tour. Should this not be possible in situations where the cancellation is for factors beyond our control we will issue you with
i) a repeat tour voucher valid for three years from the date of your tour and
ii) a cashback voucher for $50 claimable when you rebook your tour with us to cover the costs of your return fuel.
Both repeat tour voucher and $50 cashback voucher are sell-able or transferable to a third party too.
If the tour is cancelled because of a factor we could control (eg minimum numbers of participants to run the tour is not met) then we will issue you a full refund less any commissions owing to agents taking your booking.
In the act of booking with us you accept the above refunds policy and further that you agree that you will not hold Dive Busselton Jetty liable for any costs you have incurred over and above the cost of the Dive Busselton Jetty tour that you have purchased. Specifically you agree that we are not liable for any costs incurred by you relating to any aspect of your holiday in general. 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.

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.
Failure to do so represents a breach of our Terms and Conditions and as such guests are required to agree that they will not and cannot legally take action against us for issues arising because of their failure to fully disclose all material issues relating to their tour.
A Medical Assessment form will be emailed to you when you book and needs to be completed before you attend for your tour. You agree to review this form rigorously to identify any and all medical conditions that are of concern for you or anyone else you are booking onto a tour to go diving with us. Should you or one of your party be unable to participate in one of our tours because of a medical condition of concern and you raise this at least 72 hours before your tour departure date and time we will issue you a full refund less any commissions payable to agents who you booked our tour through. If you book a tour within the 72 hours before it is scheduled to start we agree to issue you a full refund less any commissions payable to agents who you booked your tour through.
You agree to raise all such medical conditions of concern (if any) with a GP / doctor (we recommend a Diving Medicine GP if you can find one nearby) to get them to clear you to go diving before you arrive for your tour. You will be required to sign a declaration you have done this and the GP has approved you to go diving before you can commence your tour. You agree that if you fail to do this and raise your tour may be cancelled without refund if your tour cannot be rescheduled.
If you do not identify or raise medical conditions of concern with a GP prior to attending for your tour and these then prevent you participating in your tour we will not be liable for your failure to do this and no refund will be payable.

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 where it is still safe to run the tour. Whether to cancel a tour or not is entirely at our discretion – we work to a number of guidelines based on swell size current and visibility whilst underwater.
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 our 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 or that fish-feeding will generate a large number of fish – we are operating in the open ocean with wild creatures and Mother Nature at work so please come with expectations that recognise this.
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 SEA-TREK 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 Sea-Trek Licensee you will be required to sign a Liability Release form before commencing your tour that waives your rights to legal action against either Dive Busselton Jetty Busselton Jetty Sea-Trek or any of our employees agents stakeholders or related parties to the fullest 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. All our customers agree in advance that should they damage or lose equipment due to carelessness or misfortune or hire or borrow gear from us and not return it we may charge the full retail cost of replacement gear to their credit card without requiring their express permission to do so.
Alternatively they may choose to immediately make payment to us for such damaged or lost gear when requested by us to do so whether in person face to face by phone electronically or by other means.

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 with the customer in it may be used for marketing purposes by the business without the need for the customer’s approval. If you subsequently decide you do not want us to use your images after seeing them in the public domain please contact us immediately to advise us of this. In this situation you explicitly agree to us immediately ceasing to using your image for all future marketing collateral but do not require us to remove your image from existing marketing collateral as long as this is not renewed without your express permission.

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. Guests agree to do this each and every time prior to them posting any reviews or negative comments online.
3) 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 exclusive agent and contact any and all such organisations and sites on the customer's 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 making its best efforts 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.
4)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 quoting their Dive Busselton Jetty unique booking code within their review or comments to enable the company to establish the authenticity of the comments and that any and all issues raised have first been worked through with the company.
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 the relevant social media site(s) and have their reviews or comments removed. 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. At this stage the guest has every right to repost their comments without any further approval required from us.

TOUR ACTIVITIES AND OFFERS 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.
Dive Busselton Jetty commits to doing everything within its control to meet all of its obligations to its customers including all free giveaways offered as part of its deals.
Dive Busselton Jetty reserves the right to not be held liable for any and all offers of free products or services used when marketing its tours. These free offers will only not be provided in rare situations when it becomes significantly impractical to do so for reasons outside of our direct control.

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.

BOOKING FEES
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.