Sydney Terms & Conditions

Sydney Terms and Conditions of Service

Public Bookings Terms and Conditions:

CANCELLATIONS & REFUNDS

  1. Bookings can be cancelled or postponed up to 48 hours of departure time and will attract a $40.00 change fee per person.
  2. No refunds are available for cancellations or postponements less than 48 hours prior to departure time. No refund will be given to clients who do not show.
  3. In the unlikely event we cancel a trip due to extreme weather or other circumstances beyond our control a full refund will be given if an alternative date cannot be arranged

DISCLAIMER

  1. This is an adventure activity and it carries with it certain risks
  2. This activity is not recommended for pregnant women and people with certain medical conditions, please consult the skipper prior to departure
  3. Explore Sailing is not responsible for any injury to passengers or damage to property for any cause whatsoever
  4. All departures are subject to weather conditions & minimum numbers which are required in order to operate safely. Sailing Experiences requires a minimum of 7 passengers. Match Racing requires a minimum of 25 passengers.
  5. Explore Sailing reserves the right to alter the usual sailing program including routes and choice of sails used or cancel any departures in the interest of passenger safety and comfort
  6. Explore Sailing reserves the right to refuse admission to any person we deem unsuitable to participate in this activity
  7. Prices are in Australian Dollars (AUD) and are subject to change without notice
  8. Explore Sailing reserves the right to substitute yachts at any time to accommodate maintenance and other issues to ensure the ability to operate safely at all times.

TERMS AND CONDITIONS OF SERVICE

All passengers will be required to sign the manifest as acceptance of the following Terms and Conditions of Service prior to embarkation. In consideration of Explore Sailing Pty Limited (ABN 59 145 794 814) ["the Company"] supplying recreational services, including but not limited to boats and/or crew, for the purposes of or in connection with or incidental to, the pursuit of the recreational activity of sailing ("the Recreational Services") and allowing you to participate in that recreational activity, you agree that you have read the conditions set out below and you agree to be bound by them:

  1. You engage in the recreational activity at your own risk.
  2. You acknowledge that you have read the risk warning set out below in bold and capital letters and that you acknowledge that the warning constitutes a risk warning under the Civil Liabilities Act, 2002. You also acknowledge that the risk warning has not been contradicted by any representation made by or on behalf of the Company.
  3. You will read all signs and follow all directions given by the Company or its employees, contractors, representatives or agents; and you will conduct yourself in a controlled manner at all times.
  4. You declare to the Company that you are in a fit and healthy state to undertake a recreational adventure activity of this nature and that you have no pre existing medical condition or injury which would adversely affect your competence on the boat during the duration of the recreational activity.
  5. To the maximum extent permitted by law the Company excludes all liability to you by the Company, its directors, officers, employees, contractors, representatives or agents; for any cause including for negligence and whether or not the loss or damage occurred to person or property. Where that liability cannot be excluded by law, the Company limits that liability to you to the maximum extent the law permits.
  6. The Company provides "Recreational Services" as defined in the Competition and Consumer Act 2010 (Cwlth) and to the maximum extent permitted by that Act it excludes all liability to you, including but not limited to personal injury or death, arising out of any failure by it or its directors, officers, employees, contractors, representatives or agents to comply with any consumer guarantees applying to those services.
  7. Any ticket or boarding pass issued by us to you cannot be resold, transferred or altered in any way.
  8. If you are under the age of 18 or under any disability you must be accompanied by a parent or another adult person who is responsible for you during the recreational activity These conditions together with the risk warning below form the conditions of entry and use of the facilities, equipment and services of the Company.

RISK WARNING:

RECREATIONAL ACTIVITIES (INCLUDING SAILING) INVOLVE A SIGNIFICANT RISK OF PHYSICAL HARM OR PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH TO PARTICIPANTS. ANY SUCH INJURY OR LOSS MAY RESULT NOT ONLY FROM YOUR ACTIONS BUT FROM THE ACTION, OMISSION OR NEGLIGENCE OF OTHERS. PLEASE READ AND OBEY ALL SIGNS AND FOLLOW ALL DIRECTIONS GIVEN BY THE COMPANY OR ITS EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS