.Until this booking form is submitted we will be unable to receipt your trip payments and your booking will remain tentative
1. All tickets,
vouchers and other documents relating to transport, accommodation of other
services and facilities (hereinafter referred to as "the travel
services") are issued by or on behalf of World Surfaris (hereinafter
referred to as "the companies") only as agents for each of the
concerns with whom the companies may make arrangements for its clients
(hereinafter referred to as "the principals") and are issued subject
to these terms and conditions and those of the principles.
2. The companies
shall not be liable, however the same may arise, for cancellation of journeys,
deviations, delays or the failure to provide seat, berths, or facilities for
carrying or storing luggage or for the failure to provide accommodation. The
companies are not liable in the event of any alteration or change of any kind
made by any of the principals in respect of travel services following the
acceptance of any booking by it and clients are responsible for any increases
in charges which the principals may be entitled to require.
3. The companies
(both for themselves and on behalf of their servants and agents) do not accept
any responsibility for any act, omission, default or neglect of themselves,
their servants or agents, or of the servants and agents of its principals, for
death, injury, damage, or loss to persons or goods whatsoever and howsoever the
same may be caused.
4. The companies
do not warrant, and are in no way responsible for the accuracy of any
information given or statements made by its servants, agents or those given or
made by the principals, their servants and agents.
bookings and reservations will only be negotiated by the companies upon
lodgement of completed booking form and upon payment of a deposit which will be
accepted in part payment of the total cost to be incurred by the clients, but
receipt of a deposit does not constitute acceptance of a booking. The balance
of the total cost is to be paid to the companies not later than 60 days prior
to departure( or such later date as may be specified in writing by the
companies). Failure by a client to pay the said balance by the due date will
entitle the companies to cancel the bookings made on their behalf of such
client whereupon the deposit paid shall be forfeited to the companies. Late
payments and/or bookings received 14 days prior to departure will receive a
late booking fee of A$55.
surf tours, resorts, camps and boat charters are operations for which space is
limited and competitive. Any cancellation made by a client must be in writing
and the client shall be responsible for all expenses incurred by the companies
in respect of making the bookings and cancelling the same and for all payments
which the principals may lawfully require by reason of the cancellation. The
companies further reserves the right to deduct the following cancellation fees
from any monies paid by a client in the event of a cancellation by that client.
(i) The complete deposit is non-refundable. (ii) The companies do not grant
refunds for any reason on any product after final balances have been paid.
Travel Insurance will usually cover for any cancellations due to non
pre-existing medical reasons of yourself and immediate family. (iii) There are
no refunds or partial refunds given for early departures from a tour or early
check-outs from a resort, hotel or surf camp unless the supplier has provided
written notice of eligibility for refund. Early departures due to non
pre-existing medical reasons will usually be covered by travel insurance. (iv)
No monies will be refunded whatsoever for reasons pertaining to poor surf or
inclement weather. (v) No monies will be refunded whatsoever for reasons
pertaining to global, national, or regional political situation (terrorism, war
etc) that does not directly pose a security threat tot the safe operations of
the tour in the specific region.
7. The companies
reserve the right to modify any arrangements required by, or made on behalf of,
clients and to cancel the same without notice in the event that the companies
arrange bookings on behalf or clients based on reduced group rates and the
group of clients wishing to take advantage of such rates are less than the
minimum number specified by the companies then the companies shall in its sole
discretion be entitled to cancel the travel services arranged on behalf of the
group of clients whereupon all monies paid to the companies, after deduction of
the fees and expenses referred to in clause 6 hereof, shall be refunded to such
8. Tour costs are
based on land costs, airfares, and currency rates. We reserve the right to
amend such prices, without notice, prior to the departure of any tour should
any fluctuations in currency, tours or airfares occur.
9. If a person
signs a booking form on behalf of another person, s/he warrants that s/he has
the consent of this other person, and s/he personally accepts all terms and
conditions of this booking form.
insurance is mandatory.
11. Refunds are
not available for tours, accommodations or any other service not utilised.
12. Costs included
in holiday price inclusions for each tour are as per tour inclusions in the
13. Costs not
included in holiday price, excess baggage, personal spending money, travel
insurance, airport departure taxes, passport and inoculation costs, meals other
than those specified.
WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF THE RISK,
RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT ("WAIVER AGREEMENT")
PLEASE READ THIS DOCUMENT CAREFULLY AND BE AWARE: BY
ACCEPTING THE CONDITIONS OF THIS AGREEMENT YOU ARE WAIVING
SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
In consideration of permitting me, or
persons I represent, to be a guest, passenger, surfer, swimmer, snorkeler,
scuba diver, skin diver, boater, tourist and/or to occupy accommodations,
and/or to participate in any or all sponsored or unsponsored, organized or
unorganized adventure trips or activities including, but not limited to,
surfing , swimming, snorkeling, scuba diving, skin diving, interaction with any
wild life under any circumstances, transportation of any type in any vehicle or
on any vessel, in any location, consumption of water, food, beverages and
storage of property and possessions as conducted and/or provided by: WORLD SURFARIS
PTY LTD and/or their travel suppliers, principals, directors, officers,
employees, representatives, agents, attorneys, affiliates, subsidiaries, parent
entities, related entities, facilities, (hereinafter, the ?Releasees?), for
myself, my personal representatives, heirs, administrators, executors,
successors, assigns and next of kin:
A. I acknowledge and agree:
being a GUEST or PASSENGER on a boat, vessel or land based accommodation
facility, a SURFER, SNORKELER, SKIN
DIVER and/or a SCUBA DIVER and/or engaging in surfing, swimming, snorkeling, skin diving and/or scuba diving
activities, dive boat use, equipment use and/or other water sports (the
?Activities?), are inherently potentially hazardous, risky and dangerous
activities and involve the risk of property damage and/or serious injury and/or death.
the Activities are physically strenuous and I will be exerting myself. I am
aware of the dangers of breath-holding while engaging in Scuba Diving or
Snorkelling activities and will not hold Releasees responsible for any
and all of such injuries as I may receive as a result of holding my breath.
Even though I may follow all appropriate and safe practices associated with the
Activities, there is still a risk of my sustaining decompression sickness,
embolism, hyperbaric injuries and/or other injuries, and I expressly assume the
risk of any or all of said injuries. On this boat tour, I will be at remote
locations and there may be no immediate medical and/or hyperbaric care
available to me, and I expressly assume the risk of engaging in the Activities
in such remote locations.
any and all such injuries received may be compounded or increased by, negligent
rescue operations, or procedures, of the Releasees, or others, and I agree that
this Waiver Agreement extends to all acts of negligence by Releasees including,
but not limited to negligent rescue operations and is intended to be as broad
and inclusive as permitted by the laws governing the Province or State or
Country in which the Activities are conducted.
I understand I have given up substantial rights by acknowledging the conditions
of this document. I am aware of its
legal consequences, and have signed it freely and voluntarily, without any
inducement, assurance, or guarantee being made to me. I intend my acknowledging
the conditions to be a complete and unconditional release of all liability, to
the greatest extent allowed by law; and
B. I represent and agree:
I am of legal age in the jurisdiction of my residence and am competent to read
and accept the conditions of this Waiver Agreement or, if not, that my parent
or legal guardian shall complete this form on my behalf, or has given written
consent to my signing this document, and that my guardian or parent completely
understands and concurs with this Waiver Agreement.
I engage in Snorkelling or Scuba Diving, that I will inspect my snorkeling
and/or scuba diving equipment prior to engaging in the Activities and that I
will notify the Releasees if any of the equipment is not working
properly. I will not hold Releasees responsible for any injuries
received as a result of my failure to inspect the equipment and/or to notify
Releasees of any equipment that is not working properly prior to
engaging in the Activities.
I engage in Scuba Diving, that I have, and will furnish, my own equipment and
be responsible for its good order and operating condition, regardless of where
I obtain it. Prior to each dive, I will check my own equipment and my buddy?s
equipment to ensure proper function, completeness and familiarity. I do not expect my equipment to be inspected by anyone else.
I do obtain any equipment from any of the RELEASEES, I accept the equipment as
is. RELEASEES accept no responsibility for any defect in any of the
equipment of Releasees and do not warrant that it is suitable for any
particular purpose. I agree that the use of any such equipment is entirely at
my own risk. I shall return any equipment so obtained in good order and opening
condition and shall be financially liable for any breakage or deviations
reserve the right, in their sole and absolute discretion, without any liability
or damages of any kind, to deviate from the vessels advertised Schedule or
Itinerary, by providing substantially equivalent substitutions.
Releasees may, if certain situations arise that, in their sole and absolute
discretion, make it necessary to cancel, change, advance, substitute or
postpone any scheduled departure, airport, port of entry, itinerary or islands,
vessels or modes of transportation including, without limitation, weather,
health and safety, business or charters, late cancellations, low occupancy,
mechanical problems, maintenance issues, provisions or supplies, refueling or
requirements of governmental authorities. The Releasees do not assume any
responsibility or liability for any losses, damages or inconvenience incurred
by the Guest or Passenger as a result of any of the foregoing.
in executing this Waiver Agreement, I am not relying upon any oral or
written representations or statements made by the Releasees, or others, except
as what is set forth in this Waiver Agreement; and
C. I assure and agree:
I am physically and mentally fit to engage in Activities specified in this
documents and I will not be under the influence of any drug, alcohol, or
medications that are contraindicative of engaging in these Activities.
I am partaking in Scuba Diving , that I am a certified diver and I am cognizant
of all of the inherent dangers, hazards and risks associated with the
Activities, and of all applicable basic safety rules; and
D. I understand and agree:
(WAIVER AND RELEASE)
and voluntarily, forever, to release, discharge, waive and relinquish, in favour
of the Releasees, any and all claims, demands or causes of action, whether
matured or unmatured, foreseen or unforeseen, arising from, or in connection
with, any of the Activities including, without limitation, those for or
relating to accident, personal injury, illness, theft, property damage and/or
wrongful death occurring to me, arising out of, relating to, or as a result of
my engaging in the Activities, wherever and however such injuries, damages or
death may occur and for whatever period of time the Activities may continue,
whether caused by negligence of Releasees or otherwise.
15. That, under no circumstances will I, or my estate, sue
Releasees , and I agree that, under no circumstances, will I, or my heirs,
executors, administrators and assigns prosecute or present any claim for
personal injury, illness, theft, property damage or wrongful death against
Releasees, as a result of the Releasees? negligence or otherwise.
(ASSUMPTION OF RISK)
to assume, without any limitation, full responsibility for any and all risks of
bodily injury, condition, ailment, sickness, heart attack, panic attack,
hyperventilation, allergic reaction, animal attack or bite, animal, plant or
chemical envenomization, wrongful death or property damage, now and forever,
arising out of, or related to, or as a result of my participation in the
Activities, weather and climactic conditions, acts of God, acts of war or
terrorism, small boat or vessel related activities (boarding tenders in-water),
kayak related activities, raft or life-raft related activities, contamination
of air, food and/or water, piracy, pirates and/or pirate attacks, coral rock
injuries, bites, stings or attacks by any and all marine plant life and/or
creatures, whether fish, mammal, crustacean, cetacean or otherwise,
meteorological and/or climactic conditions including, but not limited to,
swells, storms, tempests, typhoons, hurricanes, tornadoes, tsunamis, twisters
and/or sub-surface volcanic activity, nitrox and/or nitrox tanks, underwater
netting and/or traps, underwater cave-related activity, alcoholic beverage
related injuries, controlled substance-related injuries, any and all other
activities related to, arising from or involving the vessel, or any other
related operations, whether foreseen or unforeseen, and whether caused by
negligence of the Releasees, or otherwise.
voluntarily accept any and all additional risks, and I am fully prepared to pay
any and all expenses related to evacuation and recompression chamber treatment,
should same be deemed necessary by myself and/or any of the Releasees, and
should same be available.
agree to indemnify, defend, save and hold harmless the Releasees from any loss,
liability, damage or cost that they may incur, now and forever, arising out of,
or related to, or as a result of, my participation in the Activities and/or any
other related operations, whether caused by the negligence of Releasees, or
if any provision of this document is found to be unenforceable or invalid, that
provision shall be severed from this contract. The remainder of this Waiver
Agreement shall then be construed as though the unenforceable provision had
never been contained in this document and shall remain in full force and
(PRESERVATION OF NATURE CLAUSE)
leave all land, surface and sub-surface sites of the Activities undisturbed. I
will not willfully damage, collect or remove any live animal, shellfish, fish,
coral and/or items pertaining to shipwrecks, including fixtures, from their
present marine environment or ecosystem. I shall bear full responsibility and
financial liability for any violations of this provision.
this Waiver Agreement shall be governed, interpreted, construed, enforced and
determined according to the laws of The Country I am visiting.
despite the foregoing prohibition against suing Releasees, if any lawsuits are
filed against RELEASEES, such lawsuits shall be adjudicated only in the courts
or tribunals of the country I am visiting , to the exclusion of any other
courts or tribunals. Any such lawsuits or legal proceedings filed more than one
(1) year after the date of the accident, event or occurrence shall be
absolutely time-barred. In any such lawsuits, dismissals or judgments in favour
of all, or any of, the Releasees, shall entitle the Releasees to recover
reasonable attorneys? fees, costs and disbursements from the Plaintiff(s) who
brought such lawsuits.