Terms of Use:
Cairns Dive Adventures ABN: 84 966 211 662 Terms & Agreements. If you wish to book (“Booking”) a tour (“Tour”) with a tour operator (“Tour Operator”) using Cairns Dive Adventures ABN: 84 966 211 662 (“CDA”) then you (“the Customer”) agree that the following terms and conditions shall apply:
- Contract
By using cairnsdiveadventures.com.au or any affiliated website, you agree to be legally bound by the following Terms and Conditions, which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use cairnsdiveadventures.com.au or any affiliated website. In all cases, the person making the booking shall be deemed to have accepted these Terms and Conditions on behalf of all the other person(s) named in the booking and who partake in the booked tour(s).
- Booking Facility Only
CDA acts merely as the booking facility for the Tour Operator with whom the Customer’s Booking is placed through. Tours are sold through cairnsdiveadventures.com.au for Tour Operators and other businesses that provide the Tour. CDA is not a Tour Operator and has no responsibility for Tours. CDA is not able to influence or control a Tour Operator or Tour. The inclusion of a tour on this site does not indicate that CDA endorses or recommends that tour or the company providing the tour. CDA highly recommends that passengers take out full comprehensive travel insurance for all tours and travel arrangments.
- Accuracy of Information and Limitation of Liability
CDA does not accept liability to the Customer (or any other person) for any act or omission on the part of the Tour Operator including (but not limited to) any failure by the Tour Operator to provide the Tour, or any accident, loss, or damage which the Customer or any other person might suffer as a result of the Tour, and the Customer agrees to release and indemnify CDA from and against any such claim in that respect.
CDA does not warrant or represent to the Customer that the Tour is suitable or fit for the Customer’s purpose or corresponds with any advertising of the Tour Operator, and the Customer agrees to make their own enquiries with the Tour Operator if required.
Insofar as CDA is unable by law or by statute to exclude its liability to the Customer, then the Customer agrees that the liability of CDA to the Customer is limited to CDA providing the Tour (or a similar tour) again to the Customer.
You, the Customer, will indemnify CDA if we suffer any loss or damage or incur any costs in connection with your breach of these terms and conditions or any other legal obligation by you.
All Tours are provided by Tour Operators and based on dates of availability the Tour Operator has provided on the CDA website or affiliated website. CDA is unable to guarantee the availability of any tour included on these websites.
CDA has taken all reasonable care to ensure that the content of this site is correct, but all information is subject to change at any time without notice. As a user of this website, you acknowledge that CDA is unable to check the accuracy of all information provided by a Tour Operator. You should make your own independent enquiries with the Tour Operator and other third parties and use your judgment to assess the accuracy of any information accessed through cairnsdiveadventures.com.au or any affiliated website.
- Fees and Charges
CDA reserves the right to charge a booking fee.
- Tour Operator’s Conditions
The Customer agrees to abide by all terms, conditions, and directions of the Tour Operator in respect of the Tour including but not limited to:
All matters regarding the conduct of the Tour such as safety, use of equipment, clothing, etc.
Payment for the Tour — the Customer acknowledges and agrees that the Price charged by the Tour Operator for the Tour may be subject to changes and CDA gives no warranty regarding the accuracy of the Tour Operator’s current advertised prices. CDA will endeavor to abide by the Tour Operator’s advertised Price.
Cancellation Fees — If the Customer cancels or changes a Booking, then the Customer agrees to abide by any cancellation or alteration policy of the Tour Operator which may include the payment of a charge for the cancellation or change. BUT the Customer agrees that notwithstanding any cancellation or refund policy of the Tour Operator, CDA shall at all times be entitled to retain the Booking Fee plus a deposit equivalent to 20% of the Price. In addition to this, the Customer agrees to abide by the cancellation policies set out in Clause 21 Cancellations, Amendments, and Refunds following.
All Tour Operators have their own booking terms and conditions. You must contact the Tour Operator for their Refund, Amendments, and Cancellation policy. CDA will not be held liable under any circumstances if the customer chooses to cancel and not partake in a booked tour. Either part of the tour or the entire tour.
- Age and identity of Customer
CDA will not accept any Booking from the Customer unless the Customer is at least 18 years of age. The Customer warrants and assures CDA that they are at least 18 years of age.
The Customer will be required by the Tour Operator to provide photo ID at check-in to ensure that their identity matches the booking identity. The customer will also be required by the Tour Operator to sign the booking confirmation/voucher and may be asked to present the credit card used to purchase the tour. A copy of this photo ID and/or signature may be retained by the Tour Operator to minimize the risk of credit card fraud or for verification purposes with your credit card provider in the event of a dispute.
Where there is a discrepancy between the photo ID and the booking identity, or the signature on the credit card and the signature on the booking confirmation form, the voucher can be confiscated and immediately canceled without refund.
If the Customer wishes to pay by credit card for a tour (other than a Gift Voucher) and the person who will undertake the tour is different from the Customer, the Customer must contact CDA after the booking has been confirmed to establish their identity.
- Cancellations, Amendments, and Refunds
Cancellation by you, the Customer — If you are not able to partake in a Tour on the date and time you have booked, you should contact the Tour Operator as far prior to this date and time as possible. CDA cannot contact the Tour Operator on your behalf nor refund or exchange should you fail to partake in a Tour on an agreed date and time. Any requests for a refund in either of these circumstances are at the sole discretion of the Tour Operator, and CDA will not play any role in organizing or facilitating this. The Customer agrees that notwithstanding any cancellation or refund policy of the Tour Operator, CDA shall at all times be entitled to retain at least the Booking Fee plus a deposit equivalent to 20% of the Price.
Cancellation by the Tour Operator (apart from weather) — In some cases, a Tour Operator may make alterations to a tour date, price, inclusions, itinerary, minimum numbers, ages, etc. CDA reserves the right to cancel, change, transfer, or substitute any tour that you have booked, at any time and for any reason. If you choose not to accept the alternatives offered, you will be entitled to a full refund including the booking fee. Notwithstanding the above, if we receive advance notice of a significant change to a tour, we will make a reasonable effort to communicate this to you and to facilitate an amendment of the booking.
Cancellation because of Weather — If the Tour you have booked is unable to be taken because of weather, it may be rescheduled. You, the Customer, should make contact with the Tour Operator prior to the date and time of travel using the contact details provided on your booking confirmation to organize this. CDA is unable to reschedule or assist in the reschedule of a Tour. The Tour Operator will do all possible to reschedule the Tour to a date and time suitable for you, the Customer. If the rescheduled date is not suitable, you may be entitled to a refund BUT the Customer agrees that notwithstanding any cancellation or refund policy of the Tour Operator, CDA shall at all times be entitled to retain the Booking Fee plus a deposit equivalent to 20% of the Price.
If CDA is notified within 72 hours of the date that a Tour was due to be taken that the Customer did not take the Tour due to:
- Fraud AND the Tour Operator cannot produce a Booking confirmation form signed by the Customer; or
- The Tour Operator had ceased to exist;
THEN CDA will refund the Price and the Booking Fee in full to the Customer.
If CDA is notified after 72 hours of the date that a Tour was due to be taken that the Customer could not take the Tour for any reason whatsoever, then the Customer must seek any refund from the Tour Operator. Please note: many tour operators have a no refund policy on bookings cancelled within 72 hours of the departure date.
Some extended liveaboard dive tour operators need 30 days' notice, and some need 60 days' notice to change your travel date or cancel your tour. Check with your tour operator for their full terms and conditions. Some offer a no refund policy for cancellations within this time.
In some instances, bank fees and exchange rates may mean the amount refunded is different from the amount originally paid for a tour, particularly in instances where a currency exchange is involved. CDA warrants it has no control over any bank fees or exchange rates and is unable to accept responsibility for any such discrepancies in refunded amounts.
- *FREE Underwater Camera Hire.
CDA reserves the right to refuse, cancel the FREE underwater camera hire service to any customer/person for whatever reason we see fit. CDA offers NO Guarantee and accepts no liability whatsoever for the use, operation, condition, or damages caused by our free underwater cameras and hire service. CDA reserves the right to change cameras and offer any camera of our choice at any time we see fit. CDA accepts no liability for damage, loss, injury, or death from the use of our FREE Underwater Cameras and Hire Service. CDA will not be held responsible for any customer/person, persons, company, or entity for interruptions, expectations, and/or changes of customer travel details or travel plans, damages, loss, injury, or death. The customer accepts full liability and responsibility for any issues including death using or hiring our free underwater cameras and hire service. Customers use our FREE Underwater Cameras and Free Underwater Camera Hire Service at their own risk and accept all liability. CDA does not accept liability to the Customer (or any other person) for any act or omission on the part of the FREE Underwater camera hire service, including (but not limited to) any failure by the underwater camera to provide its designed purpose or any accident, loss, injury, death, or damage which the Customer or any other person might suffer as a result of using the FREE underwater camera and Free underwater camera hire service, and the Customer agrees to release and indemnify CDA from and against any such claim in that respect. CDA does not warrant or represent to the Customer that the Free underwater camera hire is suitable or fit for the Customer’s purpose or corresponds with any advertising of the underwater camera hire service.
- Insurance
Some of the tours promoted by CDA as a booking agent may be potentially dangerous. Prior to making and paying for a booking, you, the Customer, should be aware of this. You, the Customer, agree to be responsible for making independent inquiries with the Tour Operator and other third parties regarding the need to acquire your own insurance coverage.
- Jurisdiction
The Customer agrees that the terms of this agreement shall be governed by the laws of Queensland, and any dispute shall be heard by the court of appropriate jurisdiction in Queensland.