Passenger Terms & Conditions ~ Spirit of Freedom
This document sets out the terms and conditions on which you book through Spirit of Freedom Pty Ltd (“we”, “us” or “our”). Within the process of your booking, we will send you a link to allow you to accept our Terms and Conditions, constituting an agreement between you and us (“the Terms and Conditions”). Your booking is not finalised until such time, as you have accepted our Terms and Conditions.
1. Your Booking
1.1.Upon receiving confirmation of your booking, you should check all booking details carefully and immediately notify us of any discrepancies.
1.2. You must keep us updated on any changes in your contact details at all times.
2.1. In order to confirm your booking you must make a deposit payment that is no less than 20% of the total value of your booking, or as otherwise agreed with us.
2.2. You must make payment of the remaining balance of your booking, to us, no later than 30 Days before your Travel Date.
2.3. Bookings made within 30 Days prior to your Travel Date must be paid in full at the time of booking.
2.4. We reserve the right to cancel your booking if full payment is not made in accordance with these Terms and Conditions.
2.5. Group deposits and payments will be subject to Group Terms and Conditions.
2.6. Prices are charged in AUD and any refund to be given in accordance with these Terms and Conditions will be paid in AUD. Any currency fluctuation that takes place in the meantime is at your risk and will not be reimbursed by us.
3. Your Cancellation
3.1. In the event you cancel your booking with us, the following charges will apply:
- Within 60 days and more than 22 days before your Travel Date: 20% of your tour cost
- Within 21 days of your Travel Date: 100% of your tour cost
3.2. Group cancellations (for bookings of six or more people) will be subject to Group Terms and Conditions:
- Cancellations 6 months or more before your travel date: 25% of deposited amount
- Between 6 months and 60 days: 30% of your tour cost
- Within 60 days: 100% of your tour cost
For charters, cancellations between 9 months and 60 days: 30% cancellation fee. Please note different terms apply to special itinerary charters.
3.3. Any amendment made by you to your Travel Date will be deemed to be a cancellation, and will be subject to the charges set out in clause 3.1 above.
3.4. Should you fail to load in time for our scheduled departure for any reason, including medical problems, airline delays or bad weather, you will not receive a refund of your tour costs. The vessel departure will not be delayed due to your late arrival.
3.5. You will not receive any refund or compensation for any unused equipment or in the event you are unable to complete the entire tour.
4. Changes to Our Advertised Tour
4.1. We will endeavour to adhere to the advertised itinerary, but reserve the right to alter the itinerary or cut short the tour in the event of medical emergency, inclement weather conditions, or for reasons involving passenger, crew or vessel safety, at the sole discretion of the Master of the Vessel.
4.2. A severe storm or named cyclone in the region may delay our departure or require the trip to be cut short or cancelled. If you are travelling in the cyclone season (December to April) you are advised to purchase, well prior to your Travel Date, insurance that covers force majeure events (being events outside the control of the parties, such as natural disasters).
4.3. In the event that the advertised itinerary is altered or the tour is cut short in accordance with clauses 4.1 or 4.2:
- a) We will not be liable to provide a refund for your booking, or the unused portion of your booking;
- b) We do not accept any liability whatsoever for any loss or out of pocket costs suffered by you, howsoever caused (whether direct or indirect), as a result of the cancellation or change to the itinerary; and
- c) You may choose one of the following options:
- Accept new arrangements that might, at our absolute discretion, be made by us; or
- Accept a replacement tour from us of equivalent standard and price that, subject to availability, might be offered by us at our absolute discretion.
4.4. In the event of a mechanical breakdown, you accept that we will only be obliged to refund fees on a pro rata basis, and will not be responsible for alternative accommodation or tours, nor will we be liable for any other direct or indirect loss, expense, inconvenience or disappointment.
4.5. You agree to accept that where we make a major change to your booking prior to your Travel Date, other than in accordance with clauses 4.1 or 4.2, our liability to you, if you are no longer able to complete the tour, will be limited to a full refund of your booking and we will not be liable for any other costs or expenses you have incurred in connection with your booking, including but not limited to additional trips, flights and hotels, or any loss or damage suffered by you as a result of the change.
5. Medical Statement and Diver Information Form
5.1. If you are participating in scuba diving on any of our tours, you are required to complete a Medical Statement at least 30 days prior to your departure date. The Medical Statement is included within the Diver Information Form and is available online on our web site. A link with instructions will be sent to you or your Agent at the time of your booking.
5.2. If you respond YES to Questions 2, 3, or 4 on the Medical Statement, it is a requirement that you produce a dive medical clearance that was obtained from a doctor within the last 12 months, without which you will be unable to participate in scuba diving. We are not responsible or liable for any delays in medical related issues and any cancellation for medical reasons will be subject to the charges set out in clause 3.1 above.
5.3. Upon arriving at our vessel, and before commencing any dive activities, your Diver Information form shall be reviewed. It is important you ensure that you inform the Dive Master of any changes to medical conditions, prescription medications and accuracy of the information previously disclosed, since submitting your Diver Information form.
5.4. If during the tour it becomes apparent that you have incorrectly completed the Medical Statement or our Diver Information Form, by omission or false statement, you agree that we have the right to prevent you from undertaking any scuba diving activities while on board our vessel. Any decision made in this regard will be at the absolute discretion of the Dive Master aboard the vessel.
6. Insurance Advice
6.1. We strongly recommend that you purchase a Comprehensive Travel Insurance Policy that covers you for personal injury and the events outlined in clauses 3 and 4, including but not limited to, your cancellation for any reason, and the cancellation or alteration to the scheduled itinerary for reasons involving weather or passenger, crew or vessel safety.
6.2. We strongly recommend that you also purchase Evacuation and Medical cover for scuba diving. Scuba diving and In-water activities are not covered by all Travel Insurance Policies, and you must read the wording of your Policy carefully. It is important to note that in the event you require medical emergency services, the evacuation, medical, and vessel relocation expenses are your financial responsibility.
6.3. Divers Alert Network (DAN) www.diversalertnetwork.org & Dive Assure www.diveassure.com offer comprehensive insurance packages specifically for scuba divers. In particular, Dive Assure offer a liveaboard Rider (insurance) which includes coverage specific to liveaboard trips such as flight cancellations or delays resulting in missed liveaboard departures, vessel mechanical failures, medical inability to dive, inclement weather (in addition to named storms/cyclones) and other incidents. We recommend that you purchase the options that include coverage for the events outlined in clauses 3 and 4 above. It is our experience that many travelers undertaking scuba diving activities hold both general travel insurance and a specific dive insurance policy.
7. Scuba Diving & Snorkelling
7.1. We are a scuba dive boat. To participate in scuba diving on our tours, you must be a Certified Diver. We do not offer Learn to Dive courses, “resort dives” or any form of scuba diving activities for anyone who is not a Certified Diver.
7.2. We require you to present a valid Certification Card and be equipped with a safety sausage, whistle and alternate air source (included in our Hire Equipment package). Failure to show your Certification Card may result in you not being able to dive on the tour.
7.3. You must produce your Nitrox Certification Card if you wish to dive on Nitrox. Fills are supplied at a maximum of 32%. Your regulator must be compatible for use with Nitrox. We do not guarantee the provision of Nitrox and any payments for Nitrox only will be refunded should we be unable to supply Nitrox on your tour.
7.4. Our tours are subject to the risks and perils of scuba diving in changeable conditions in an open water environment. We reserve the right, for your safety and/ or the safety of our crew or other scuba divers, to prevent your participation in scuba diving if you are deemed physically or medically unfit to do so or in our sole discretion.
7.5. No compensation is offered if you should be unable to complete all offered dives
7.6. We strongly recommend a wait of 24 hours before flying after diving.
7.7. You must not participate in scuba diving or snorkelling whilst under the influence of alcohol or any drugs. We shall have no liability to you if you participate in diving or snorkelling whilst under the influence of alcohol or any drugs. You agree to accept that we may refuse entry to the water in the event we have reasonably grounds to expect you have consumed alcohol or drugs within a timeframe that could, in any way, affect your ability to scuba dive safely. Any decision made in this regard will be at the absolute discretion of the Dive Master aboard the vessel.
7.8. If any equipment or property belonging to us is damaged or lost we reserve the right to charge you to make good the damage or loss.
7.9. To participate in scuba diving you are required to agree to, and sign, our Discharge of Liability. A copy of the Discharge of Liability is included within the Diver Information Form and is available online on our website.
7.10. Snorkelling opportunities are limited. Our itineraries are based on the best scuba diving sites. Snorkellers are required to be of good general fitness, be an experienced snorkeller and confident to snorkel alone. If environmental conditions or fitness of the snorkeller are considered to be a Risk, snorkelling activities may be cancelled or reduced.
8.1. English is the language spoken on board our tours, unless otherwise pre-arranged with us.
8.2. In accordance with Queensland Government safety requirements, we require non-English speaking passengers to travel with an interpreter. The interpreter must have a good understanding of English and scuba diving, and be able to accurately translate the safety and dive briefings. The interpreter may be a family member, friend or colleague, or paid professional translator. In all instances, regular rates apply to the translators fare.
9.1. Our minimum age for passengers is 10. We require all passengers under the age of 18 to be accompanied by a parent when diving or snorkelling. Passengers under 18 cannot be left on board unsupervised by a parent or accompanying adult. We do not supply child sized scuba equipment or wetsuits. Diving in ill-fitting equipment is not allowed and all passengers must supply their own equipment if they are smaller than adult size.
10. Luggage Limits
10.1. For our itineraries that include a flight to/ from Lizard Island, your luggage weight is limited to 20 kilograms (45 lb) per person. Secure storage is available at our office for excess luggage.
11.1. During your time on board our vessel, you will be in close proximity with other guests and our crew. Should you conduct yourself in an abusive, inappropriate or threatening manner or in any other way so as to make yourself objectionable to fellow guests or our staff in and out of the water (this includes but is not limited to, following PADI standards and Spirit of Freedom dive procedures), we reserve the right to have you leave the vessel at the earliest opportunity or refuse you to enter the water for your safety as well as the crew and other passengers onboard. You agree to accept that the Master of the Vessel has the absolute discretion to make any decisions in this regard and the decision of the Master of the Vessel will be final. You will not receive any refund of your tour costs if you are unable to complete the tour.
12.1. The laws of Queensland apply in relation to these Terms and Conditions and our business.
12.2. It is a fundamental condition of this contract between you and us, that to the extent permitted by law, we (including our directors, employees, agents and independent contractors) are discharged and indemnified by you (including by your executor(s), administrator(s) and dependent(s)) from any liability for any loss, damage, death or injury whatsoever arising out of, or incidental to, this diving trip and other services provided by us, whether or not such damage or personal injury is caused or contributed to by us.
12.3. You acknowledge and agree that:
- a) You will be participating in activities, which are undertaken for the purposes of recreation and involve a significant degree of physical exertion and/or physical risk;
- b) You are aware of the risks of injury associated with your participation in this diving trip and agree to voluntarily assume such risk; and
- c) The use of any equipment hired or loaned to you by us is entirely at your own risk.
12.4. Notwithstanding the above, we reserve the right to rely upon any limitation of liability and/or defence available under any applicable law(s) and/or international convention(s) for any claim made by you against us.
13. Image use / Privacy
13.1. You acknowledge and give consent for by itself or through an agent to take photographs, audio or video recordings, or other forms of recordings that capture your image, likeness, voice, performance or all of these (“Images”) during the course of this activity / tour. You acknowledges and gives consent for us to receive and use Images of you from other.
13.2. We may use Images for marketing and promoting its services. The ways in which the Images will be used for marketing purposes include, but are not limited to, incorporating the Images in print, broadcast, internet media, direct marketing channels, downloadable content and applications, and all other media, platform or technology now known or to be developed for distribution around the world. The Images may be altered, modified, changed, combined or incorporated into other works.
13.3. You have the right to request access to your Images and to correction of those Images to ensure they are complete and not misleading. However, the passenger acknowledges that if the Images have been incorporated into marketing materials, it may not be reasonably practicable for us to make any changes to the Images. You authorise us to refuse the request to correction in such circumstances.