TERMS & CONDITIONS
Covering The Use Of Our Products & Services
The Use of Our Website
USE OF OUR PRODUCTS AND SERVICES
BOOKINGS - An enquiry or approach to us for a booking is deemed tentative until you hear from us that the booking is confirmed. Normally we will do so by email or SMS, though this may also be by phone. We do not normally request a deposit to secure a booking but reserve the right to do so.
If you don't hear from us that you have a confirmed booking you must make contact and seek confirmation.
PAYMENT – Payment is required in full prior to the start of any hire, tour or trip unless other arrangements have been agreed with us in advance. We accept payment by cash, card (MasterCard, Visa & Amex), and direct bank deposit.
MINIMUM AGE – Persons under 18 years of age can not make bookings or be involved with us in any way, unless they are under the care and guidance of an appropriate adult who takes full responsibility for that person’s conduct and involvement. In addition, the supervising adult in these circumstances undertakes full acceptance of these GENERAL TERMS & CONDITIONS on behalf of all such people under that person’s care.
ACCEPTANCE OF RISKS – All adventure activities, including all products and services offered by us, contain an element of danger to persons and property. By your involvement with us in any way, you are indicating that you are aware of and accept these dangers, and that subject to any relevant statutory obligations upon us, you are assuming full risk for your involvement. You also agree by your involvement to indemnify and release Lake Escapades, including owners, agents, contractors and employees from any liability in respect of any such danger, and any such loss, injury, death and/or damage associated in any way with your involvement with us.
We are specifically not responsible for the loss, theft or damage to any of your own gear, equipment, money or other personal affects while you are involved with us, regardless of its cause. You also accept that you are solely responsible to ascertain the suitability of any product or service we offer to your own circumstances.
For clarification, potential dangers associated with an involvement with us include exposure to adverse weather and other naturally occurring events; injury, serious injury, disablement and even death; as well as damage to, or the destruction or loss of equipment and property.
RESPONSIBILITY FOR GEAR - Customer acknowledges their responsibility for the proper care, use and timely return of all gear and equipment owned by us. Any lost, damaged, stolen or missing gear will be charged to the customer. In addition, all stolen gear will be reported to the police and actively pursued to the maximum extent of the law.
INSURANCE – We strongly recommend appropriate insurance be held by all our customers prior to engaging in any of our services or the use of our equipment. This may include travel insurance, medical insurance, third party insurance, public liability insurance, property and personal effects insurance, etc
DELAYS – Delays in the itinerary of any booking, tour or trip may occur at any time as a result of a number of factors, including weather and equipment fault or failure.
Your actual or booked involvement with us indicates your willingness to accept minor delays and changes to itineraries, whatever the cause, without any recourse to us. The same applies to more major delays and changes caused by factors outside our control. However, in the event of more major delays or changes caused solely by ourselves, our liability to you is limited to a full or partial refund of any monies paid or payable to us for your involvement, at our sole discretion.
WE MAY AMEND OR CANCEL - We reserve the right to amend or cancel any booking, tour or trip for any reason whatsoever, including weather and other safety reasons, at any time either prior to the start of the booking or even after it has commenced. In the event of any such cancellation, we will provide as much advance notice as possible, and will offer alternative arrangements if this is possible.
Refunds on account of cancellations made by us are subject to the following:
for cancellations made by us prior to the start of your booking, tour or trip, a 100% refund or waiver will be made;
for cancellations made by us after the start of your booking, tour or trip, a NIL, partial or full refund/waiver may apply depending on circumstances and solely at our discretion. In any case, cancellations primarily on account of the weather will not normally result in any refund/waiver;
we are under no other obligations to you in respect of any such cancellation by us, apart from the above, and you may make no further claims on us whatsoever - however, we will always do out best to ensure the safe return of our customers and their gear.
YOU MAY AMEND OR CANCEL - You may amend or cancel any booking, tour or trip at any time, but will be subject to the following:
we will always do our best to accommodate any request for a change to a booking but can not guarantee to always be able to satisfy such requests;
if amendments or cancellations are advised to us before the booked start of your hire, no penalty applies and no hire fees are payable;
if not advised to us before the booked start of your hire, the quoted hire fees remain payable in full;
you remain responsible for the proper return of any and all equipment belonging to us;
we are under no other obligations to you in respect of any such amendment or cancellation by you, apart from the above, and you may make no further claims on us whatsoever.
DISPUTES - In the event that you are unhappy with any aspect of your experience with us, you agree to firstly discuss the matter with us. In return, we agree to try to work with you towards a satisfactory outcome for all parties within the framework of all the above terms. If we ask, you also agree to put your complaint or dispute in writing to us, outlining the situation in full. If you don't do this, we may not be able to reply to or further assist you.
ACCEPTANCE OF TERMS – Making a booking with us or commencing any tour or hire with us indicates your full understanding and acceptance of all the above terms.
USE OF OUR WEBSITE & OTHER MATERIAL
The use of our website and any other material provided by us is subject to the following terms and conditions, and your use of these in any way indicates your acknowledgement, understanding and full acceptance of the following. If you do not understand or accept our terms and conditions, you must not use our website.
FITNESS FOR USE - Nothing contained on our website or in any other documentation provided by us, is intended to guarantee that any particular tour, product or service being offered by us will be fit for the purpose for which you wish to use it. You are solely responsible to ascertain whether anything of interest to you will be fit for your intended purpose.
WEBSITE PROBLEMS - In no event shall Lake Escapades, our contractors, agents, or employees be liable for any damages whatsoever (including special, direct, indirect or consequential) arising out of or in connection with your use of any part of our website (or any of the included links to any other website), or any product or service provided by us. We are specifically not responsible for a failure or under-performance of all or any part of our website – since the cause could be any number of technical or other reasons that we have no or very little direct control over.
We do however undertake to take whatever corrective action we can to return the website to its normal working condition, as soon as we become aware of a problem.
ERRORS - We take extreme caution in gathering, researching, compiling and checking all material, wording, photographs, prices, etc shown on our website or included in any other documentation we may supply, prior to their publication or release. However we do not warrant that the information does not contain inadvertent or unintended errors or omissions.
If such an error on our website or any material supplied by us is discovered or reported to us, we reserve the right to make corrections without having to give notice.
ADDITIONS, DELETIONS and CHANGES - The nature of the tourism industry and the technology we use to bring you our website and other documentation makes it inevitable that we will need to make ongoing modifications to our website and documentation, in terms of layout, design and content.
Consequently, we reserve the right to make such additions, deletions and changes at any time, without having to give notice.
THIS IS OUR WEBSITE - And we use it to help us make an honest living. We cause no intentional harm to anyone and insist in return that you must not attempt to change, add to, remove, deface, abuse, hack or otherwise interfere with our website or any material or content displayed thereon.
COPYRIGHT - The elements displayed on our website, including without limitation all information, photographs, illustrations, artwork and other graphic materials, logos, etc are our property and are protected by copyright, trade mark and other intellectual property laws. Except as indicated on our website, you agree not to copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without our express prior consent.
DISPUTES - In the event that you are unhappy with any aspect of your experience with us, you agree to firstly discuss the matter with us. In return, we agree to try to work with you towards a satisfactory outcome for all parties.
In the event that we can not reach a satisfactory agreement or resolution, you agree to resort to a system of arbitration registered in the State of Queensland, Australia.
APPLICABLE LAW - Your use of our website and these very Terms and Conditions are governed by and construed in accordance with the applicable laws of the State of Queensland, Australia. Accordingly, in the event of a legal issue arising between us, you agree to submit to the non-exclusive jurisdiction of the law and legal system of our state and country.
OTHER - These terms and conditions do not exclude warranties or conditions which we cannot, by law, exclude.
CHANGES TO THE ABOVE - To keep our service levels at the forefront of business practices, it may become necessary over time for us to amend our terms and conditions. Any such changes will be reflected in the above wording, the latest version of which will always be available for viewing on our website.
If you would like any further information, have any suggestions or have any queries whatsoever about any aspect of our website, please contact us.