Terms and Conditions

This document outlines the terms and conditions governing the provision of jetski tour services by Cape York Jetski Tours to customers (“Customers”) from this day 23 June 2023.

1. CAPE YORK JETSKI TOURS BOOKING REQUIREMENTS

  • Payment: A 100% online payment is required to secure bookings.
  • Refunds: Refunds are given at Cape York Jetski Tours discretion and according to the Terms and Conditions herein.

2. CUSTOMER REQUIREMENTS

  • Alcohol & Drugs: Customers must not be under the influence of alcohol or drugs during the tour. We reserve the right to refuse customers if they are found to be under the influence, payments will be forfeited.
  • Safety Briefing and Test: Completion of a comprehensive safety briefing and practise lesson is mandatory.
  • Arrival Time: Customers must check-in 30 minutes prior to the booking for safety briefings.
  • Identification: Presentation of the credit card used for online purchases, along with matching ID, is required.
  • Health and Medical Conditions: Jet skiing is not suitable for pregnant individuals, elderly or those with neck, back, or spinal injuries. All customers must declare any medical conditions that may be aggravated by participating in the jetski tours. Customers must confirm their fitness for the activity using the Customer Registration form.
  • Eyewear: Customers must wear visual aids or spectacles as required on your driver’s licence (or otherwise) during the jetski tour.

3. CONDITIONS OF USE

  • Compulsory Speed Limits: Speed limits are maritime law.
  • Slow Zone: Maintain a maximum speed of 6 knots (11kph) within 200m of the shoreline.
  • Vessels or People: Maintain a maximum speed of 6 knots (11kph) within 60 meters of other vessels or persons.
  • Divers: Maintain a maximum speed of 6 knots (11kph) within 200 meters of a blue & white dive flags or buoys
  • Safety Gear:
    • Kill Switch: The wristband key/kill switch must be worn by the driver at all times while operating the jetski(s).
    • Life vests: Both the driver and passengers must wear approved life vests while operating the jetski(s).
    • Safety equipment: All jetskis are equipped with the following safety equipment: EPERB, V-Sheet, Anchor, 30m Rope, Flares, Flashlight and GPS.
    • Emergency: In the unlikely event of an emergency, the tour will immediately end and a full assessment carried out.
  • Environmental Conditions:
    • Shore line: The jetski(s) must not be used in water shallower than 1 meter.
    • No Go Zones: There are specific jetski tours where our jetski(s) can be damaged by rocks if you jetski too close to the shore. Please follow your guides instructions, at all times.
  • Operating Hours: Jetski(s) must not be operated during night-time hours, after 6.30pm.

4. CANCELLATION POLICY

  • Off-peak cancellation policy (Nov to April)
    • Notice Requirement: Customers must communicate any cancellations or changes 24 hours or more before the scheduled arrival time.
    • Cancellation Within 24 Hours: Cancellations within 24 hours may result in reservation forfeiture without a refund. Rescheduling may incur a 50% fee.
    • Group Bookings: Groups of 5 or more jetski(s) require 7 days’ notice for cancellation (if booked 7 or more days in advance). Within 7 days, the minimum notice is 24 hours.
    • Rescheduling Limit: Bookings cannot be rescheduled more than once.
  • Peak season cancellation policy (May to October and School Holidays)
    • Notice Requirement: Customers must communicate any cancellations or changes 48 hours or more before the scheduled arrival time.
    • Cancellation Within 48 Hours: Cancellations within 48 hours may result in reservation forfeiture without a refund. Rescheduling may incur a 50% fee.
    • Group Bookings: Groups of 5 or more jetski(s) require 7 days’ notice for cancellation (if booked 7 or more days in advance). Within 7 days, the minimum notice is 48 hours.

5. TIME, DISTANCE, AND ROUTES

  • Tour Variability: Tour duration, distance, and routes may vary due to factors including weather, water conditions, rider abilities, and traffic.
  • Route Flexibility: Routes may be altered to ensure safe navigation and island stops for customers.
  • Arrival Time Consideration: Customers must maintain a minimum speed of 50km to keep tours on schedule, ensuring the day’s smooth operation. Customers not able to maintain minimum speeds will result in the tour being forfeited, as this causes delays for other paid scheduled tour groups.
  • Allowance for Additional Time: Arrive at least 30mins before tour time for safety briefings, practise rides, preparation, and return.

6. AGE AND WEIGHT RESTRICTIONS

  • Age Limitations: Passengers must be a minimum of 12 years old or 130cm tall. Persons aged 18 years and over may drive solo.
  • Weight Limits: Combined body weight must not exceed 200 kg for tandem sharing of jetskis.

7. ENGLISH COMPETENCY

  • English Proficiency: Customers must be able to read, write, and understand English to complete the safety briefing and follow our guides instructions during the tour. Exceptions may be considered at management discretion.

8. DISABILITY ACCESS

  • Accessibility: Cape York Jetski Tours is committed to providing equal access and opportunities for all customers, including those with disabilities. However, at this point in time, our facilities and jetski(s) are limited and unsuitable for individuals with mobility challenges.
  • Our Inclusivity Goals: We are currently working on providing disability facilities and access through the Queensland Government. Exceptions may be considered at management discretion.

9. CANCELLATION BY CAPE YORK JETSKI TOURS

  • Cancellation Due to Circumstances: In unforeseen circumstances we reserve the right to cancel tours.

10. WEATHER CONDITIONS

  • Operating in Most Conditions: Cape York Jetski Tours operates in most conditions.
  • Unsafe Weather: In cases of storms or extreme conditions, Cape York Jetski Tours will take steps to reschedule the booking. If not possible, a full refund will be issued.

11. GIFT VOUCHERS

  • Non-refundable: Vouchers are non-refundable, non-transferable, and not redeemable for cash.
  • Cancellation Policy: The same cancellation policy applies for bookings made with vouchers. Notice of cancellation must be given a minimum of 48 hours during peak season and 24 hours during off-peak season prior to the due date. Non-compliance will result in voucher forfeiture.
  • Alternative Dates: If for any reason you are unable to take your prepaid tour, every effort will be made to identify a suitable alternative date and time.
  • Full Refund: In the event that alternative tour arrangements cannot be made, then a full refund will be made provided the cancellation is made at least 24 hours prior to the scheduled departure time.

12. LIABILITY AND WAIVER

  • Assumption of Risk: Participation in jetski tours involves inherent risks. Customers acknowledge and accept these risks.
  • Waiver and Release: Customers are required to sign a SmartWaiver and Release of Liability prior to the tour. This document releases Cape York Jetski Tours from liability for any loss, damage, injury, or death sustained during the tour.

13. PHOTOGRAPHY AND MEDIA CONSENT

  • Promotional Material: Customers agree that Cape York Jetski Tours may take photographs or videos, and use customer reviews from the tour for promotional and marketing purposes.
  • Use of Media: Customers grant us the right to use such media without further notice or compensation.
  • Parental consent: Children under 18 years must have parental or guardian consent to use media content.

14. CHARGEABLE INCIDENTS

  • Chargeable Incidents: Cape York Jetski Tours reserves the right to charge up to $5000 for the following incidents:
    • Incidents: Loss, damage or collision to jetski(s) or equipment.
    • Cancellation: Cancellation of future bookings due to damage to jetski(s) or equipment.
    • Roll Overs: A minimum inspection fee of AUD $500.00 is immediately required for all jetski(s) rollovers. No exceptions!

15. COMPLIANCE WITH LAWS AND REGULATIONS

  • Maritime Laws: The customer assumes full responsibility for any costs incurred as a result of non-compliance with Maritime Laws.

16. DISCRETIONARY MEASURES

  • Jetskis: Cape York Jetski Tours reserves the right to repossess the jetski(s) and associated equipment, or exchange them.

17. INCIDENTS AND DAMAGE

  • In the event of an accident or loss involving the jetski(s) and equipment during the hire period, the following steps should be taken:
    • Risk Management: Notify Cape York Jetski Tours staff promptly, who will follow the companies Risk Management Plan. If the incident poses a life-threatening situation, dial Triple 000 for emergency services.
    • Obtain Information: Collect the name and address of any other vessel’s driver involved, as well as the details of their insurance company.
    • Gather Witness Information: Obtain the name and address of any witnesses present.
    • Statements and Liability: Refrain from making any other statements and do not admit liability for the accident, in accordance with standard insurance practice.

18. INDEMNIFICATION AND INSURANCE

  • Insurance Responsibility: The customer is responsible for obtaining your own insurance coverage for personal injury, loss, or damage to personal property.
  • Completing Insurance Documentation: In case of an accident, the customer agrees to complete any necessary insurance forms as required by Cape York Jetski Tours and cooperate with any insurance-related procedures.
  • Claims and Reimbursement: Should an insurance claim be denied due to any omission or fault on the part of the customer, the customer acknowledges the obligation to reimburse Cape York Jetski Tours for the jetski(s) and for any third-party claims lodged against Cape York Jetski Tours.

19. GOVERNING LAW

  • This Agreement shall be governed by the laws of the:
    • Australian Maritime Safety Authority
    • Maritime Safety Queensland

20. CONTACT INFORMATION

For any questions or concerns regarding these Terms and Conditions, please contact us at: info@capeyorkjetskitours.com.au.

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