The following are the terms of booking an activity with Sea Sherpa Pty Ltd ABN 28 612 889 291, trading as Xplora Watercraft. These booking terms and conditions affect your legal rights. If you do not understand this document, please obtain legal advice before signing it.

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BOOKING AND ELECTRONIC CONTRACTING

1. By making a booking for an activity, you acknowledge that you have read our Exclusion of Liability, Release and Indemnity and understand that you (and anybody you are booking for) will be required to sign this document prior to undertaking the activity.

2. You understand that activities can be physically demanding and you must ensure that you (and anybody you are booking for) are suitably fit to participate in the activity.

3. You agree that you are 18 years of age or older and that the information you provide is accurate and complete.

4. Your use of our booking service includes the ability to enter into agreements and/or to make transactions electronically. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into by this website.

5. When you first make a payment in respect of a booking, you represent to us that you have the authority from all those who are to be attendees at the activity, to accept these terms and conditions on their behalf. Once we have received a payment for a booking, an agreement on these terms and conditions becomes effective between you and all those for whom you have represented you have the authority to bind to these terms and conditions.

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CANCELLATION, CHANGES & REFUNDS

1. We reserve the right to change the price of our activities without notice and to decline any booking or purchase.

2. In the event that payment is not received at the time when the booking is made or as otherwise agreed by us, your booking will be automatically cancelled.

3. Although we would love to see you at your scheduled activity, we understand that that plans can change. Should you need to cancel or reschedule your booked activity, you must do so by contacting us as soon as possible. The following refund rules do not apply to cancellations for competitions and/or events such as the Sea Sherpa North Shore Challenge.  Such events will have their own refund rules.

   1. If you cancel 7 days before the activity, we will give you a full refund;

   2. If you cancel 48 hours before the activity, we will give you a 50% refund; and

   3. If you cancel 24 hours before the activity or do not turn up in time for the activity, no refund is available.

4. If you change the date on which your original activity was booked to a different date, it will be treated as a cancellation of your original booking. In this instance, our cancellation charges, as per the cancellation and refunds policy noted above, will apply.

5. As your safety is our main concern, we reserve the right to cancel or postpone an activity for weather reasons. If we do so, you may elect to receive a refund or attend the activity on a rescheduled date and we shall not be liable for any claims for loss, damages or compensation.

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GIFT VOUCHERS

1. Vouchers are non-refundable but are transferable. Vouchers will expire 12 months after purchase.  Failure to show on your scheduled date and time will render your voucher invalid.  Treat your voucher like cash and take care not to lose it.  Lost or stolen gift vouchers are non-refundable and no replacements are available.

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LIMITATION OF LIABILITY

1. Certain laws such as the Competition and Consumer Act 2010 (Cth) are in place for your protection.  Those consumer laws may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These terms and conditions must be read subject to those consumer laws. If these statutory provisions apply, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to, at our option, the supplying of the activity again or a refund for the activity.

2. Where it is lawful to do so, our liability is limited to the amount paid by you at the booking to which your claim relates. In addition, our liability will be reduced in proportion to any negligence or fault on your part.

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OTHER LEGAL MATTERS

1. You agree that any legal action you bring against us will be bought in Victoria.

2. If any provision of the terms and conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms and conditions which will continue in full force and effect.

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PRIVACY

1. Privacy laws safeguard your personal details. During the booking process and your activity, we ask for information about you. We collect this information so you receive the highest level of personalised service.  After your booking and/or activity, your information is stored so we can inform you of any special offers or obtain feedback.  If you do not wish to receive such offers or to be contacted to provide feedback, please let us know.  We may be required to provide your personal details to a third party such as an insurer or if we are required to by law.

2. We do not represent or guarantee that our booking service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto.

3. We will use reasonable efforts to protect information submitted by you, but you agree that your submission of such information is at your sole risk, and we hereby disclaim any and all liability to you for any loss or liability relating to that information in any way.