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Terms & Conditions

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By booking an experience with Manly Eco Tours, you (the "Participant") agree to the following terms and conditions. These terms constitute a legally binding agreement. If you are booking on behalf of others, you warrant that you have their authority to accept these terms on their behalf.

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1. Booking & Financial Terms

  • Payment: Full payment is required at the time of booking. All prices are in Australian Dollars (AUD) and include GST.

  • Confirmation: A booking is only confirmed once you receive a confirmation email. It is your responsibility to check the details (date, time, and location) and contact us immediately if there is an error.

  • Gift Vouchers: Vouchers are valid for 3 years, are non-refundable, and cannot be exchanged for cash. If tour prices increase, the voucher holder must pay the difference.

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2. Cancellations, Reschedules & Refunds

  • Customer Cancellations:

    • More than 72 hours notice: We will provide a credit or a reschedule to a future date or a 75% refund if the participant can not reschedule to a future date.

    • Within 72 than 24 hours notice: We do not offer refunds. We will provide a credit or a reschedule to a future date.

    • Within 24 hours notice: No refunds or rescheduling are permitted. This includes cancellations due to change of mind, personal scheduling conflicts, or minor illness.

  • No-Shows & Late Arrivals: Our tours operate on a strict schedule. If you are not at the meeting point at the scheduled start time, it is treated as a "no-show." 100% of the booking fee is forfeited.

  • Cancellations by Manly Eco Tours (Weather & Safety):

    • Decision: Safety is our priority. We monitor the weather and swell. If conditions are unsafe (e.g., lightning, gales, heavy swell), we will notify you via SMS/email at least 2 hours prior.

    • Resolution: We will offer a reschedule link. If you are a traveler and cannot reschedule, we offer a 90% refund (10% is retained to cover non-refundable booking fees and administration).

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3. Risk Warning & Liability Waiver (Civil Liability Act 2002)

  • Risk Warning: Under the Civil Liability Act 2002 (NSW), the Participant is warned that kayaking and snorkeling are "Dangerous Recreational Activities" that involve significant risks, including but not limited to: drowning, collisions, sudden weather changes, exposure to elements, and contact with marine life.

  • Assumption of Risk: By booking, you acknowledge that you participate at your own risk and that Manly Eco Tours is not liable for any personal injury, death, or property damage resulting from these inherent risks.

  • Release of Liability: To the maximum extent permitted by law, you release Manly Eco Tours, its staff, and agents from all claims and liability arising from your participation.

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4. Health, Fitness & Medical Declaration

  • Declaration: By booking, you certify that you:

    1. Are in good health and have no medical conditions (e.g., heart disease, asthma, epilepsy, or back injuries) that would make water activities unsafe.

    2. Can swim 100m unassisted (for snorkeling) or are comfortable in open water (for kayaking).

  • Pregnancy: High-energy water activities are not recommended for pregnant participants. Please consult your doctor before booking.

  • Medical Treatment: You authorize Manly Eco Tours to arrange medical treatment or emergency evacuation at your expense if deemed necessary.

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5. Participant Conduct & Sobriety

  • Sobriety: We have a zero-tolerance policy for alcohol and drugs. If a guide suspects a participant is under the influence, they will be excluded immediately with no refund or reschedule.

  • Behaviour: You must follow all guide instructions and safety briefings. We reserve the right to remove any participant who behaves in a dangerous, aggressive, or offensive manner toward staff or other guests.

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6. Equipment & Personal Property

  • Mandatory Safety Gear: You must wear the provided Life Jacket (PFD) at all times while kayaking. Refusal to wear safety gear will result in exclusion without a refund.

  • Damage to Gear: Participants are responsible for the gear provided. Damage caused by negligence or failure to follow instructions will be charged at replacement cost (e.g., $1,000 per kayak, $150 per paddle).

  • Personal Items: We are a mobile business and do not recommend bringing electronics on the water. We are not liable for damage to phones, cameras, or watches. Items left in our vehicle are at the owner’s risk.

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7. Media Release

  • You grant Manly Eco Tours permission to use photographs and videos taken during your tour for marketing and social media purposes. If you wish to opt out, you must tell your guide before the tour starts.

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8. Governing Law

  • This agreement is governed by the laws of New South Wales, Australia. Any disputes will be settled in the courts of NSW.

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